{"operation":"document","citation":"08-0129","title":"Volunteer Drum — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-06-18","effective_on":null,"summary":"08-0129 response to Volunteer Drum concerning 173.22, 178.601.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0129.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0129.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0129","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080129.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMr. Jack Oody\nVolunteer Drum\n33 1 1 John Sevier Highway\nKnoxville, TN 37914\nRef. No.: 08-01 29\nDear Mr. Oody:\nThis is in response to your May 1,2008 letter requesting clarification of the shipper's\nresponsibility for determining that a packaging is authorized under the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 1 7 1 - 1 80). Specifically, you ask if the HMR require the\nshipper to maintain a copy of the original test report for a drum manufactured to a DOT\nspecification, and whether a single test report may be used for DOT specification drums that are\nmanufactured using different dimensions than the originally tested design-type.\nThe shipper is required to determine that a packaging or container is an authorized packaging\nunder the HMR (see 5 173.22(a)(2)). In making that determination, the shipper may accept the\npackaging manufacturer's certification marking on the drum (see €j 173.22(a)(3)). The HNIR do\nnot require the shipper to maintain a copy of the original test report; however, the packaging\nmanufacturer must make the test report available to the user of a packaging upon request (see\n178.60 l(1)). In addition, a DOT specification drum produced with reductions in the external\ndimensions (i.e., length, width, or diameter) of up to 25 percent of the dimensions of a tested\npackaging may be used without additional testing provided an equivalent level of performance is\nmaintained, and the packaging is identical to the tested design-type in all other respects (see\n8 178.601(g)(3)).\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely,\nI Chief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nPage 1 of 1\nDrakeford, Carolyn :PHMSA>\n\" .---,-..-+.--.-------.*- \".-\"---\"-...-.,.\" -.-*------ -,*--.. ~\".\"\nFrom: Gorsky, Susan <PHMSA>\nSent: Friday, May 02, 2008 6:38 AM\nTo: Drakeford, Carolyn cPHMSA>\nSubject: FW: Questions\nAttachments: Greif Century VOL 00480200.pdf\nCould you enter this as a request for interpretation please? Thanks.\nSusan\nFrom: Drumman43@aol.com [mailto:Drumman43@aol.com]\nSent: Thursday, May 01, 2008 2:56 PM\nTo: Gorsky, Susan <PHMSA>\nSubject: Questions\nSusan Gorsky\nDepartment of Transportation May 1,2008\nI seem to be in the middle of a disagreement between DOE buyer and user of Grief fiber drums.\nGrief submits UN test reports that cover a wide variety of containers without specifically pointing to one\ncontainer. This makes it difficult to match paperwork to containers for specific packaging purposes.\nThe big question is the one outlined below by my customer. Maybe you could cut some corners for me by\ngiving me the CFR regs that allow them to do so.\nIt was determined that in order to accept Grief's reasoning (as conveyed in the attached pdf file sent from Grief\nvia Volunteer Drum), we need an official Department of Transportation (DOT) inter~retation of their reauiations.\nIf Grief can provide us with an official DOT interpretation, we can accept the drums based on the Griefpdf and\nthe inter~~~tation,!fth.ey~r!p_n.et~havean .. oBcia! ._r2-(Z.T .in.t.e~~eta_tio~!,...-we.~an-~.ot-a~~ep!.!h.~~~~~s. - - . -- -.\n\"AAother option would be for Grief to tell us specifi~~allv what regu!a_t~on thev are refere~cing that allows them.&\nperform one test for many different sized drums. If thev can show that there is requlatory approval for this\napproach, we will accept the drums. \"\nJack Oody\nVolunteer Drum\n865-673-9396\nWondering what's for Dinner Tonight? Get_..n~~~..~is_ts~~on.~a~mi!y~.f.a.!!.e~te~.~at~AQC~E~.~!~.\n\n<<<PAGE 3>>>\n\n366 Greif Parkway\nDelaware. OH 4301 5\n(740) 657-6565\nFax: (740) 657-6592\nww.greif.com\nMarch 17,2003\nRe: Manufacturer's Certification of Corn~liance\nGreif manufactures all packagings certified for use with hazardous materials in accordance with the\napplicable regulations under 49CFR parts 171 to 180 as written by USDOT. Greif applies its registered\nsymbol \"GBC\" and the required certification markings as evidence of this certification.\nDOT regulations allow a customer to accept the UN marking on a packaging as the manufacturer's\ncertification that all tests have been conducted and that the packaging has been manufactured in\naccordance with the appropriate regulations.\nI have attached below, excerpts from the appropriate regulatory sections referencing the shippers\nresponsibilities and manufacturers responsibilities in 49CFR. They clearly define our position.\n49CFRJl73.22 Shipper's responsibility.\n(a) Except as otherwise provided in this part, a person may offer a hazardous material\nfor transportation in a packaging or container required by this part only in accordance\nwith the following:\n(2) The person shall determine that the packaging or container is an authorized\npackaging, including part 173 requirements, and that it has been manufactured,\nassembled, and marked in accordance with:\n(i) Section 173.7(a) and parts 173, 178, or 179 of this subchapter;\n(ii) A specijication of the Department in eflect at the date of manufacture of the packaging\nor container;\n(iii) National or international regulations based on the UN Recommendations on the\nTransport of Dangerous Goo&, as authorized in $1 73.24(d)(2);\n(iv) An approval issued under this subchapter; or\n(v) An exemption issued under subchapter A of this chapter.\nThis would seem to require that each user of a container have on file a copy of the current test\ncertifications. However, the subsequent paragraph allows a shipper to accept as the container\nmanufacturer's certification the complete markings on the side of the container (see the portions in bold\nbelow).\n173.22(~)(3) In making the determination under paragraph (a)(2) of this section, the\nperson may accept:\n(i) Except for the marking on the bottom of a metal or plastic drum with a capacify over 100\nliters which has been reconditioned, remanufactured or otherwise converted the\nmanufacturer's cert~fication, specification, approval, or exemption marking (see iSg1 78.2\nand 179.1 of this subchapter)\nParagraph 178.2 explains that for UN Certified packagings, the UN mark is the manufacturer's certification\nof compliance with all applicable regulations. See the bold information below.\n81 78.2 Applicability and responsibility.\n(a) Applicabiliiy.\n(I) The requirements of this part apply to packagings manufactured-\n(i) To a DOTspecifcation, regardless of country of manufacture; or\n(ii) To a UN standard, for packagings manufactured within the United States. For UN\nstandard packagings manufactured outside the United States, see $173.24(4(2) of this\nsubchapter. For UN standard packagings for which standards are not prescribed in this\npart, see $1 78.3(b).\nRequirement for Customer Test Reeords.doc\n\n<<<PAGE 4>>>\n\n(2) A manufacturer of a packaging subject to the requirements of this part is primarily\nresponsible for compliance with the requirements of this part. However, any person who\nperforms a function prescribed in this part shall perform that function in accordance with\nthis part.\n(b) Specification markings. When this part requires that a packaging be marked with a\nDOT specification or UN standard marking, marking of the packaging with the\nappropriate DOT or UN markings is the cert~pcation that-\n(I) Except as otherwise provided in this section, all requirements of the DOT\nspecification or UN standard, including performance tests, are met; and\n(2) AN functions performed by, or on behalf of, the person whose name or symbol\nappears as part of the marking con form to requirements specifid in this part.\nEnforcement of the UN mark as a certification is provided under 49 CFR 171.2 which makes it a violation\n(Maximum penalty for a violation is $27,500 per occurrence) to manufacture, mark and sell or offer any\npackage that does not comply with the regulatory requirements. (see the underlined information below)\n$1 71.2 General requirements.\n(c) No person mav represent. mark. certifv, sell, or offer a wckarrina or container as\nmeetina the reuuirements of this subchapter or an exemption, approval or registration\nissued under this subchapter or subchapter A of this chapter, governing its use in the\ntransportation in commerce of a hazardous material, whether or not it is used or intended\nto be used for the transportation of a hazardous material, unless the packaging or\ncontainer is manufactured. fabricated, marked. maintained, reconditioned, repaired and\nretested. as appropriate. in accordance with applicable reuuirements of this subchapter,\nor an exemption, approval or registration issued under this subchapter or subchapter A of\nthis chapter.\nfd) The representations. markings, and certifications subiect to the prohibitions of\nparagraph (c) of this section include, but are not limited to-\n(I) Specification identifications that include the letters \"ICC.\" \"DOT.\" \"MC.\" or\n\"UN\".\nL\n(2) Exemption, approval, and registration numbers that include the letters \"DOT,\" I'm, \"\n''M If or \"R\"; and\n(3) Test dates associated with spectjication, registration, approval, retest or exemption\nmarkings indicating compliance with a test or retest requirement of this subchapter, or an\nexemption, an approval or a registration issued under this subchapter or subchapter A of\nthis chapter.\n171.2(flNo person shall. by markinp or otherwise, represent that-\n(I) A container or aackape for the transportation of hazardous materials is safe,\ncertified, or in compliance with the reuuirements of this title unless it meets the\nreuuirements of all applicable re~ulations issued under the Federal hazardous\nmaterial transportation law; or\nAs you can see, there is little benefit to maintaining detailed records of test reports since you are permitted\nto accept the packing manufacturer's certification marks on the drum as evidence that the packaging, as\nprovided to you was manufactured in compliance with the applicable regulations.\nIf you would like additional explanation of the above, let me know.\nSincerelv,\n~ o s e ~ h J Grebe\nDirector, Product Technical\n& Regulatory Support\nRequirement for Customer Test Records.doc\n\n<<<PAGE 5>>>\n\niJ;.fi! 1/2!]118/TCE 12: 02 Pbl CREIF INC. FAX N ~ I . 704 588 9245\nDate Tested: 12/28/2007 PERFORMANCE TEST\nTESTING and TECMCAL SERVICE OFFICE Report #: F-1880-XX-122807\nClosure Notification: F1 I-F GT,\\F UNITED NATIONlIMODOT\nORIGINAL DESIGN TYPE RESULT SHEET\nDrum Style: Greif Lok Rim Fibre Drum UN Code: IG - Packing Group 1\nGBC Code: FLR3OOXlSS7Ul f LOK-RIM Cover: Steel\nDimensions: LD.: 393.7 M M / 15.5 In. O.H.: 955.7 MM / 37.625\nUN Certified Markings: 0 1 GIX75lSTYR 0 lG/Y75/S/YR 0 1 GI27 5/S/YR\nUSAIGBC USAIGBC USNGBC\nCapacity hnge:\nTest Mass - Gross:\n24.6 - 113.6 Litres 1 6.5 - 30 Gallons\n75 KG / 165.4 Lbs.\nTare:\n4.0 KG 1 8.8 Lbs.\nNet :\nPackage Preparation: Conditioning: 71.0 KG I 156.6 Lbs.\nDnmls filled with poly pellets to n nlillinlum of 95%.\n24 Hours at 23OC, e ° C Temperature and 50%, L2% ReIative Humidity.\nDrop Tests (49 CFR 178.603)\nDrop Height:\n1.8 Metres / 70.87 Inches\nResults Diagonal Top Drop:\nResults Diagonal Bottom Drop: 3 Drums Passed\nResults Flat Drop: Not Applicable\nVibration Test (49 CFR 178.608)\nResults: Capable of withstanding, without rupture or leakage, the vibration tests procedure in 49 CFR 178.60\nLealiproofness Test (49 CFR 178,604)\nAir Pressure Applied:\nResults after 5 minutes;\npsi\nNot Applicable\nHydraulic (Hydrostatic) Test (49 CFR 178.605)\nInternal (Hydraulic) Pressure: kPa for a period of minutes\nResults: Not Applicable\nStatic Compression Test (49 CRR 178.606)\nTots1 Mass: 922.5 KG ( 12.3 Drums x 75 KG each )\nDuration: 24 Hours Stacking Load Density: NIA\nResults: 3 Drums Passed\nTEST RESULTS CERTIFIED BY: GREW\nTESTING and TECRNICAL SERVICES $hg osep e e\nThis lest rcparc is the property of Oreif. The haw-how, mdhods and techniques diroloscd in this repon am Director. Testing and\nconfidentin1 i&lormation which cra only be used by those p a w s with spccifio witsen ruthor~mtion horn Omit. Technical Services\n\n<<<PAGE 6>>>\n\nI ! ~ ~ , ~ ~ / ! ~ / ~ \\ ~ L I ~ / T T , ' E 1 2 : 0 2 P!4 GREIF INC.\nF A X N o . 704 588 9215\nTesting and Technical Service Office\n3 66 Grei f Parkwa\nDelaware, Ohio 4J015\nPhone! 740- 657-6565\nFay: 740- 657-6596\nUNITED NATIONS/IMO/DOT PERFORMANCE TEST\nTest Type: Annual Retest\nPlant: Englishtown, NJ\nDrum Code: FL~IUOOX1587Ul\nReport No:\nTest Date:\nExpiration Date:\nMr. Geoff ato on;\nAttached are our laboratory test result sheets of the U.N. Chapter 9 Pmformance Tcst on the fibre drums\nI that were sent to Greif - Alsip, IL Teclmical Center.\nThese srunple containers that were made with the proper components passed the required Drop, vibration\nnlld compression tests for the followi~ig UN Marking(s):\nlG/X75/S/YR 1 G/Y75IS/YR 1 G/Z7SIS/YR\nThe tested dru~ns also meet NMFCIUEC standards for a fibre drum up to 225 Lbs. Net Weight Limit\nand 30 Gallon Capacity.\nThank you and best regards.\nJoseph Otebe","truncated":false,"body_characters":12987}