{"operation":"document","citation":"04-0101","title":"Alliant Techsystems Inc. Ordnance & Ground Systems LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-06-04","effective_on":null,"summary":"04-0101 response to Alliant Techsystems Inc. Ordnance & Ground Systems LLC concerning 173.28.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0101.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0101.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0101","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040101.pdf","body":"<<<PAGE 1>>>\n\nof Transportatior\nJ.S. Department\n400 Seventh St., S.W.\nWashington, D.C. 20590\nResearch and\nSpecial Programs\nAdministration\nJUN 4 2004\nMr. Chris Widman\nRef. No. 04-0101\nExplosives Transportation Specialist\nAlliant Techsystems Inc.\nOrdnance & Ground Systems LLC\n4700 Nathan Lane N.\nPlymouth, MN 55442\nDear Mr. Widman:\nThis is in response to your letter dated April 16, 2004 regarding the reuse of fiberboard drums\n(UN 1G) and boxes (UN 4G) under § 173.28 of the Hazardous Materials Regulations (HMR: 49 CFR\nParts 171-180). You indicate that, during a DOT audit of your Arden Hills, MN facility, DOT\nenforcement officers found a number of 4G boxes that had minor rubs, abrasions, or tears to the\noutside laminate which would be in violation of the HMR if found in transportation. You state that in\ncertain circumstances patches of the laminate of up to 4 square inches had been torn from the surface\nof the box during the tape removal process. Further, you state that the officers informed you that for\nfuture reuse of fiberboard packagings you should consider cutting the tape instead of tearing it off and\nclosing it by placing new tape over the existing tape.\nAs a reuser of these packagings, you are required to ensure that they conform to § 173.28(a), which\nrequires:\nPackagings and receptacles used more than once must be in such condition, including closure\ndevices and cushioning materials, that they conform in all respects to the prescribed\nbe reused unless free from incompatible residue, rupture, or other damage which reduces its\nrequirements of this subchapter. Before reuse, each packaging must be inspected and may not\nstructural integrity.\nYou would like to know the definition of \"other damage\" as used in § 173.28(a) and if a shipper has\nthe authority to determine when \"other damage\" has occurred to one of his packagings. The HMR do\nnot provide a definition for \"other damage\" beyond that provided above, i.e., \"damage which reduces\n[the packaging's] structural integrity. Tears to the facing of the fiberboard as you describe are\nreductions in structural integrity since they weaken the fiberboard and, therefore, render the packaging\nunfit for reuse. You are responsible for identifying these and other packaging deficiencies.\nYou also would like to know if the practice of cutting the tape and leaving it attached to the packaging\nand then taping over old tape with new tape is an acceptable means of closing your outer package.\n173.28\n040101\n\n<<<PAGE 2>>>\n\nThis practice would be acceptable if there is no damage to the packaging, it is reclosed in accordance\nwith the closure instructions provided by the packaging manufacturer, and the surface treatment\ncreated by the old tape does not adversely affect the closure.\nI trust this satisfies your inquiry. If we can be of further assistance, please contact us.\nSincerely,\nALAN\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nAPR-19-2004\n09:14\nP.02\nSupko\n16 April 2004\n§173.28\nReuse\nATK\n04-0101\nALLIANT TECHSYSTEMS\nOrdnance & Ground Systems LLC\nTelephone (763) 744-5289\nPlymouth MN 55442-2512\nMr. Ed Mazzullo\nFax (763) 744-5833\nUS Department of Transportation\nOffice of Hazardous Materials Standards\nDHM-10\n400 Seventh Street SW\nWashington DC 20590-0001\nDear Mr. Mazzullo\nAlliantTechsystems Inc. (ATK) needs an official ruling regarding reusable\nshipping containers used for transporting explosives. To be more specific,\nreusable fiberboard drums (UN 1G) and boxes (UN 4G).\nATK is one of the leading manufacturers of bulk propellants used in military and\nsporting goods applications. In addition, ATK is a leader in manufacturing\nexplosive devices such as fuzes, small arms ammunition, and a host of other\nexplosive articles.\nATK has processed every explosive material and device currently being\ntransported in UN fiber boxes and drums through proper DOT channels. A\nsignificant amount of these have been approved for transport in UN 1G drums or\nUN 4G fiber constructed containers and IAW CFR 49 Performance Oriented\nPackaging (POP) requirements. As you are aware, 49CFR allows for the use of\nUN 1G and UN 4G packages for a significant amount of UN Proper Ship Names\ndisplayed in 172.101.\nFor this discussion, we are identifying issues as they relate to the outer laminate\nof the outer lining of fiber drums and boxes. When reviewing the Table of\nPackaging Methods in CFR § 173.62, this discussion would be referring to\nOuter Packaging only. Inner, or Intermediate packagings are not relative to this\ndiscussion.\n\n<<<PAGE 4>>>\n\nAPR-19-2004 09:14\nP.03\nBackground\nA recent US DOT audit of the ATK Arden Hills MN facility conducted by the\nUttice of Hazardous Materials Entorcement, DHM-40, (Mr. Raymond\nissues relative to reusable fiber containers as defined in 49 CFR § 173.28. No\nLaMagdelaine & Mr. Kevin Boehne) alerted ATK to potential and complicated\nnotices of finable offenses were issued relative these fiberboard containers used\nfor transporting explosives, however enforcement action may have been taken if\nthese same containers were discovered while being transported over a public\nhighway.\nDuring the audit of the explosives storage magazine area, the agents identified a\ntears to the outside laminate (skin) of the boxes. The appearance of the\nsmall number UN 4G fiberboard boxes that had very minor rubs, abrasions, or\nanomalies led the agents to believe that during the procedure of opening the\nboxes, the adhesive tape used to close the containers tore some small patches\nof laminate when being removed. The amount of laminate removed from any one\nbox could be best described as from the size of a dime, up to patches of\napproximate size of 4\" × 4\" and some in between. In all cases, only the outside\nlaminate (skin) was removed. There was no evidence of punctures, holes, or\ntotal tears. No flute material was visible which would indicate that an entire layer\nof laminate had been removed.\nFor reuse procedures of a fiber box, product is placed into the fiber box. The top\nof the box is closed and secured using one strip of tape, pressure sensitive. Two\nstrips of tape pressure sensitive are then taped across the top flaps.\nThe agents indicated that had these same containers been discovered during\ntransport over a public highway, a fineable offense might have been committed.\nIt is their opinion that these minor tears or abrasions would constitute a violation\nof 49 CFR §173.28. Because these boxes were in storage and intermingled with\nunopened pristine boxes, it was logical to determine that the boxes were\ntransported as pristine, opened to remove small quantities of product, then\nclosed and sent back to the on site storage area. No transport of previously\nopened containers outside of the facility occurred.\nThe agents recommended we entertain an alternate container-opening\ntool sharp enough to cut the tape at the sides and down the middle of the top of\nprocedure. This procedure would have unloading personnel use a straight edge\nthe fiber box. After removing the contents, and wishing to reuse the containers,\nwe'd then place the product in the box and tape over the existing tape to secure\nand close the containers.\n\n<<<PAGE 5>>>\n\nAPR-19-2004\n09:15\nP.84\nThis procedure in their opinion would eliminate the possibility of removing the\nouter laminate when compared to tearing the tape to open the ship container.\nThis issue will be further in the letter as it also directly relates to another 49\nCFP/UN Standard known as Performance Oriented Packaging (POP).\nThe same may possibly be said for the UN 1G fiberboard drums utilized for\ntransporting propellants. These drums have removable heads that are taped\nshut. Once received at the customers facility, the tape is torn off, the drumhead\nremoved, the contents are emptied and sent back to the production facility. ATK\nconducts visual inspections of the drums for reuse after they are transported\nback (empty) to the production facility. We remove and destroy those drums with\nobvious visible punctures, holes, or cracks to the laminate.\nIt is those drums and boxes with minor anomalies in between pristine and\nabrasions/ tears that have the potential to cost ATK and our customers, millions\nof dollars per year. ATK and its customers have a significant investment into\nbeing allowed to reuse fiberboard boxes and drums with minor abrasions.\nIf AȚK interprets 49 CFR § 173.28 to direct any shipper with fiber manufactured\npackaging used for transporting explosives to remove any container not\nconsidered pristine, initial calculations identify an approximate $4 million dollar\ncost per year just for purchasing new drums in support of propellant\nmanufacturing operations alone.\nDefinitions / Questions\nBelow are copied definitions from 49 CFR § 173.28 (Reuse, reconditioning and\nremanufacturing of packagings).\n49 CFR § 173.28 (a) (General)\nPackagings and receptacles used more then once must be such condition,\nincluding closure devices and cushioning materials that they conform in all\nrespects to prescribed requirements of this sub chapter. Before reuse, each\npackaging must be inspected and may not be reused unless free from\nincompatible residue, rupture, or other damage which reduces its structural\nintegrity.\nThe statement may not be reused unless free from incompatible residue, rupture,\nor other damage which reduces its structural integrity prompts me to request\nsome specific clarification.\nFor proper clarification of \"or other damage which reduces its structural integrity'\ncontained in §173.28 (a).\n\n<<<PAGE 6>>>\n\nAPR-19-2004\n09:15\nP.Ø5\nQuestion: What section or sections of 49 CFR define \"or other damage\"?\nadditional procedures to those that currently exist to allow us to identify and\nWe need your official definition and criteria of damage so we can incorporate\nremove any fiber box or drum used for transporting explosives.\nQuestion: Assuming the criteria of \"damage\" is un-definable, will the DOT allow a\nshipper whose history of compliance and integrity are recognized by your office\nthe structural integrity of a fiberboard container has been compromised?\nas positive, be authorized to use its own judgment in determining whether or not\n§173.28 (b) (3)\nThe above section §173.28 (b) (3) ray come into question during your\ninvestigation. §173.28 (b) (3) states Packagings made of paper, plastic film, or\ntextile are not authorized for reuse.\nATK obtained an official ruling from Mr. Delmer F. Billings on June 30\" 1997 on\nLetters of Interpretation & Clarification of the Hazardous Materials Regulations,\nthis specific regulation. Mr. Billings ruling was published in the manual U.S. DOT\n1993-2000 edition, page number 262, reference, 6/30/97 response.\nMr. Billings's sates in part the regulation apply to \"paper bags\" not fiber drums.\nCurrent US DOT / ATK Correspondences\nFollowing the brief discussion of pristine, are excerpts of correspondences\nbetween myself and the Office of Hazardous Materials Enforcement, DHM-40,\n(Mr. Raymond LaMagdelaine & Mr. Kevin Boehne) regarding fiber boxes used\nfor transporting explosives.\nPristine\nI refer to the condition pristine because that was the definition of the authorized\nreuse packaging condition meeting regulation according to Mr. LaMagdelaine &\nMr. Boehne.\nAccording to the American Heritage Dictionary, pristine is defined in part as:\nRemaining in a pure state; uncorrupted.\n\n<<<PAGE 7>>>\n\nAPR-19-2004\n09:15\nP.06\nE-Mail Correspondence\n----Original Message-..-\nFrom: Widman, Christopher [mailto:Christopher.Widman@ATK.COM]\nSent: Tuesday, February 10, 2004 11:04 AM\nTo: LaMagdelaine, Ray\nSubject: RE: Status\nRay\nThanks for taking the time to examine the issues. Now that this issue appears to\nbe coming to an end, I need to bring up another issue that was discussed during\nyour and Kevin's investigation.\nWhile investigating our explosive magazines, you noticed some fiberboard\ncontainers containing explosive devices that were used in support of on-site\nproduction activities. The issue you brought to our attention was relative to the\ntape used to close the fiberboard boxes. In fact, one of the boxes clearly had the\nouter skin compromised in the tape area. It is agreed that when an operator\nremoves the tape by tearing, the skin has a likelihood of tearing off with the tape.\nATK assumes that this may be a somewhat common problem and we hope to\ncanvass your expert opinion.\nI can say that the fiberboard boxes we currently use are not considered\ndisposable by any means. They are expensive in terms of quantity. Reusable\ncontainers are necessary. I believe Kevin offered a possible solution and we\nwish to confirm a couple of things.\nKevin indicated that the operator could cut the tape at both ends and then cut a\nslit down the middle. This would eliminate the tearing of the tape which would\neliminate the probability of compromising the outer skin of the box. We wish to\nclarify a couple of things before we commit to this practice.\n1) Did I correctly understand that you and Kevin are of the opinion that\ncutting the tape is a viable alternative to tearing the tape off?\nIf we cut the tape instead of tearing it off, we'll have to in effect put tape on\ntop of tape to close and seal the container when reusing the box for\ntransport.\n2) In your opinion, will taping on top of tape compromise the Performance\nOriented Packaging (POP) certification? The boxes were POP tested with\nonly one strip of tape on the top and two sides of the box. It's conceivable\nthat over time, we could have several layers of tape on top of each other.\n\n<<<PAGE 8>>>\n\nAPR-19-2004\n09:16\nP.D7\nE-Mail Correspondence Continued\nATK would appreciate any comments, suggestions, or opinions you have on the\nsubject.\nI would've copied Kevin on this, but he didn't have an e-mail address on his\nbusiness card.\nSincerely,\nChris Widman\nTele (651) 639 3334\nFax (651) 639 3341\nChristopher.Widman @ATK.COM\n----Original Message-..--\nFrom: LaMagdelaine, Ray\nSent: Tuesday, February 10, 2004 11:08 AM\nTo: Boehne, Kevin <DHM43>\nSubject: FW: Status\nImportance: High\nF.Y.I.\nIn answer to your question, it is possible to reuse a package, in your case a\nUN4G box, if the package is in pristine condition.. As you noted, I stated that if\nthe tape alone was slit allowing access to the contents and no other damage\nand/or compromise to the package integrity had occurred, the package could be\nreused by re-taping the closure, in accordance with the manufacturers and\ndesign qualification closure instructions.\nRemember that the package is not only the outer skin, but also the entire\npackage as tested with dividers and/or inner packages. To that end, any change\nin package design, from the package as tested and certified would constitute a\nnew package. Additionally, you need to ensure that the package and contents\nsatisfy the demands of any packaging requirements of the Explosive Approval.\n\n<<<PAGE 9>>>\n\nAPR-19-2004\n09:16\nP.08\nUnited Nations Performance Oriented Packaging (POP)\nAs you are aware, hazardous materials specifically, class 1 materials are\nrequired to be transported in POP tested containers. ATK has not conducted\nPOP tests on fiber drums or boxes that have multiple layers of tape on the box or\ndrum openings.\nShould ATK be allowed to use a straight edge to open boxes or drums to avoid\nearing laminate, and reuse the container by re-sealing with tape over tape to\nseal the container for transport, we feel this may lead to another violation of POF\nstandards criteria. As stated earlier, all POP tests conducted had a single layer\nof adhesive tape used to seal or close the container.\nQuestion: Will the authorization to cut the tape versus tear and then tape over\nexisting tape to re-close the container violate UN POP requirements?\nQuestion: Is there a not to exceed limit on the amount of tape over tape\nconditions we can adhere to?\nSummary\nATK and our customers rely heavily on the ability to reuse fiber drums and boxes\nduring the course of normal explosives transportation operations. There is a long\nhistory of these types of containers being authorized for use by the DOT. Should\nan official ruling from your office that authorizes only those fiber boxes and\nissued, this ruling will generate a significant cost burden of an estimated millions\ndrums without any visible anomaly regardless of size, depth, or abrasion be\nof dollars per year. Costs aside, it's our opinion that these minor anomalies to\noutside containers do not endanger either the safety, or integrity of the container.\nATK requests your office allow us a \"common sense\" approach in which we\nwould remove any fiber box or drum with obvious structural damage but allows\nfor minor abrasions to outside containers (only). We are more then willing to\naccept responsibility for ensuring that any outside containers with moderate tears\nor abrasions be immediately removed from inventory.\n\n<<<PAGE 10>>>\n\nAPR-19-2004\n09:17\nP.09\nATK welcomes any suggestions that your may have should you require further\nanalysis on those drums or boxes in question.\nIf you have any questions regarding the above request, please contact the\nundersigned at (651) 639-3334. Fax (651) 639-3341.\nSincerely,\nChristopher J Widman\nATK Explosives Transportation Specialist\nTele 763 744 5289\nFax 763 744 5833\nChristopher.Widman @ATK.COM\nTOTAL P. 09","truncated":false,"body_characters":17243}