McCarthy, Sweeney & Harkaway, P.C — Hazardous Materials Safety Interpretation

Page 1: U.S. Department of Transportation 400 Seventh St., S.W. Research and Washington, D.C. 20590 Administration Special Programs MAR 3 0 2004 Lawrence W. Bierlein McCarthy, Sweeney & Harkaway, P.C. Ref. No. 04-0051 Suite 600 2175 K Street, NW Washington, DC 20037 Dear Mr. Bierlein: drum marked with two thickness marks may be reused under the minimum thickness This responds to your letter of February 19, 2004, requesting clarification as to whether a provisions of 49 CFR 173.28(b). with the thickness of the metal, expressed in millimeters (mm) and rounded to the nearest 0.1 Under the provisions of § 178.503(a)(9)(i), a metal drum intended for reuse must be marked mm. When the nominal thickness of either head of the drum is thinner than the body, the 0.9"). nominal thickness of the top head, body, and bottom head must be marked (e.g., "0.9 1.2 Section 178.503(a)(9)(i) does not provide an example for marking a drum for which the top and bottom heads are thicker than the body. It is our opinion that either a single thickness body-head (e.g., "1.2 0.9 1.2") should be used. mark, representing the minimum thickness of the body (e.g., "0.9") or a marking of head- Under the provisions of §173.28(b)(4)(i), a steel drum with a maximum capacity not over 220 liters must have a minimum thickness of 0.92 mm for reuse. An exception is provided for a drum with minimum thicknesses of 0.82 mm for the body and 1.11 mm for the heads. You describe a situation in which a metal drum is marked by the original manufacturer with sv thicknese scripts, to determige. the rim maybe euge under andro ihiom ok is not two thickness marks, e.g., 040051 113.28#

Page 28173.28(b)(4)(1). However, the drum may be reused if it meets the minimum thickness requitements: A reconditioner can make this determination by actually measuring the thicknesses or by obtaining confirmation of minimum thicknesses from a knowledgeable party such as the drum manufacturer or its customer. I trust this satisfics your inquiry. If we can be of further assistance, please contact us. Sincerely, 17, Mozzalle Edward T. Mazzullo Director, Office of Hazardous Materials Standards#

Page 3LAW OFFICES LAWRENCE W. BIERLEIN DOUGLAS M. CANTER MCCARTHY, SWEENEY & HARKAWAY, P.C. ANDREW P. GOLDSTEIN JOHN M. CUTLER, JR. SUITE 600 (202) 775-5574 FACSIMILE STEVEN J. KALISH 2175. K STREET, N.W. RICHARD D. LIEBERMAN WASHINGTON, D.C. 20037 MSH@MSHPC.COM E-MAIL CHANNING D. STROTHER, JR (202) 775-5560 WEBSITE KAREN R. O'BRIEN OF COUNSEL HTTP://wW.MSHPC.COM February 19, 2004 Mazzullo 8173.28(b) Mr. Edward Mazzullo Reuse Directoi, Office of Hazardous Materials Standards 07-0051 Research & Special Programs Administration U.S. Department of Transportation Washington, DC 20590 Re: Interpretation of Sec. 173.28(b) Dear Mr. Mazzullo: I would appreciate your concurrence in an interpretation I have provided to the members of the Reusable Industrial Packaging Association (RIPA). Section 173.28(b)(4) limits the reuse of steel drums for hazardous materials transportation to those having specified minimum thicknesses, expressed in nominal man. Perily 20 to du no, the able art anay ave a boy o a mr and heads of 1.11 mm. needs these thickness marks in order to make that decision. The practice in the industry herefore, when a drum has different thicknesses of body and heads, has been to apply hree marks, e.g., "1.2/0.9/1.2." This clearly advises the user of the nominal and, through use of the ISO standard, the minimum thicknesses of the top head, the body, and the bottom head, respectively. See the attached examples of this practice from publications by the Steel Shipping Container Institute (SSCI) and RIPA. drum marked only "1.2 0.9" may not be reused or reconditioned for hazardous materials I have advised a RIPA member, and he has advised his filler/customer, that a transportation. An incomplete thickness mark like this provides insufficient and perhaps misleading information to the person making this decision whether the nominal thickness mark of 1.2 applies to the body, or one or both of the heads. It also does not advise whether, if one of the heads equates to one of the marked thicknesses, he may assume that the heads are identical. A guess is the only option, other than verifying all three#

Page 4thicknesses with a manual or electronic micrometer on each drum. Guessing at hazmat done without destroying the drum; and, use of an electronic micrometer on a production compliance is unacceptable; use of a manual micrometer to verify thicknesses canriot be basis would be unreliable due to the physical characteristics of a used drum. "1.2 0.9" is not marked in a manner that allows that drum to be reused or reconditioned I would appreciate your concurrence in my conclusion that a steel drum marked for hazardous materials transportation. Thank you. Sincerely, Lawrence W. Bierlein RIPA General Counsel#