{"operation":"document","citation":"12-0204","title":"Newell Rubbermaid (Division of Sanford LLP) — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-01-31","effective_on":null,"summary":"12-0204 response to Newell Rubbermaid (Division of Sanford LLP) concerning 173.28.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0204.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0204.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0204","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120204.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\nJAN 3 1 2013\nMr. Chip Robison\nEnvironmental Engineer\nNewell Rubbermaid Division of Sanford LLP)\n831 Volunteer Parkway\nManchester, TN 37355\nRef. No. 12-0204\nDear Mr. Robison:\nThis responds to your September 9, 2012 request for clarification and telephone\nconversation with a member of our staff on package reuse prm isions under the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 1 71-180). In your incoming letter, you describe\nthe following scenario:\nSteel UN lA 1 reconditioned drums are received by production staff from an outside\ndrum vendor. These drums are accompc.nied by required shipping papers.\nHazardous material is then filled into each 55-rrallon reconditioned drum. The filled\ndrums hazardous material products are shipped via a commercial carrier as a\ndedicated load to an internal downstream plant. The hazardous material is then\nutilized at the internal plant and the drums are emptied, leaving small amounts of\nresidue in each. The drums are then sent back to the original filler, where the\nintention is to refill the drums with the same hazardous material (finished product)\nand ship again to the same internal plant tor reuse.\nYou ask if these steel UN 1 A 1 reconditioned drums are 2uthorized fol' reuse without being\nleakproofness tested with air as specified in§ 178.604?\nNotwithstanding the provisions of§ 173 .28(b )(2), a p<!ckaging otherwise authorized for\nreuse may be reused without being leakproofness tested 'Nith air provided the packaging: ( 1)\n. is refilled with a material that is compatible with the previous h.tding; (2) is refilled and\nofTered for transportation by the original filler; (3) is t,mnsported in a transport vehicle or\nfreight container under the exclusive use of the refiller of the packaging; and ( 4) is\nconstructed in accordance with one of the methoos described m § 1 73 .28(b )(7)(iv). Based\non your letter and telephone conversation, your shipmem is refilled and offered for\ntransportation and transported in a transport vehicle under exclusive use ofthe refiller of the\npackaging. These steel TJN 1A1 reconditioned d.m,!:;: ~1re atithorized for reuse without being\n--\n-\n---~---~--·-·-.. .\n.. ----·-·---·~~-\n\n<<<PAGE 2>>>\n\nleakproofness tested with air, as specified in§ 178.604, only if they are constructed of\nstainless steel meeting the requirements of§ 173.28(b)(7)(iv)(A) and meet all other\napplicable requirements of§ 173.28.\nI hope this answers your inquiry. If you need additional assistance, please contact this office\nat (202) 366-8553.\nSincerely,\n;(~Z.!J.e-\nRobeli Benedict\nChief~ Standards Development\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\n13co+h~\nsll3 . ..28\n·~t:LLSe\n12 - 02-bJ./\nSeptember 9, 2012\nUnited States Department of Transportation\n1200 New Jersey Avenue, SE\nWashington, DC\n20590\nRE: Letter of Interpretation for 49 CFR 173.28(b){7), 173.28(b)(7)(iii) and 173.28(b)(7}(iv)(C)\nDear sir or madam,\nWe do hereby request a Letter of Interpretation for the following production scenario:\nReconditioned drums are received by production staff from an outside drum vendor. The drums are\naccompanied by required certifying documentation. Finished product is filled into each 55-gallon steel\nUN1A1 DOT reconditioned drum. The drummed hazardous material products are shipped via a\ncommercial carrier configured as a dedicated load to an internal downstream plant 3 Yz hours away. The\nhazardous material is then utilized at the internal plant and the drums are emptied, leaving miniscule\namounts of residue in each. The drums are then sent back to the original filler, where the intention is to\nrefill the drums with the same hazardous material (finished product) and ship again to the same internal\nplant for reuse. Once reused, the drums are sent back once again to the original filler under the same\nDOT empty drum exemption.\nThe question, are these steel drums otherwise authorized for reuse without being leakproofness tested\nwith air as specified in 49 CFR 178.604?\nAn expeditious response is greatly appreciated.\nRegards,\nChip Robison- Environmental Engineer\nNewell Rubbermaid Division of Sanford LP\n831 Volunteer Parkway\nManchester, TN 37355","truncated":false,"body_characters":4286}