{"operation":"document","citation":"17-0031","title":"Daniels Training Services, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-07-27","effective_on":null,"summary":"17-0031 response to Daniels Training Services, Inc. concerning 173.28.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0031.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0031.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0031","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2017/170031.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nJUL 2 7 2017\nMr. Daniel Stoehr\nDaniels Training Services, Inc.\nP.O. Box 1232\nFreepoint, IL 61032\nReference No. 17-0031\nDear Mr. Stoehr:\nThis letter is in response to your March 10, 2017, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to plastic non-bulk packagings.\nYou note that the International Air Transport Association's (IATA) Dangerous Goods\nRegulations (DGR) and the International Maritime Organization's (IMO) International Maritime\nDangerous Goods (IMDG) Code specify that a plastic drum (lH) or jerrican (3H) is limited to a\nperiod of use of no more than 5 years from its date of manufacture. You ask whether the HMR\nsimilarly limit the use of these packagings to 5 years from the date of manufacture.\nThe answer is no. Unless otherwise approved by an appropriate national authority, International\nCivil Aviation Organization's (ICAO) Technical Instructions (TI) for the Safe Transport of\nDangerous Goods by Air (see 4; 1.1.20) and the IMDG Code (see 4.1.1.15) limit all use of these\npackagings to within 5 years of the date of manufacture. However, as the competent authority of\nthe United States (i.e., the national authority), the HMR do not impose a similar limitation on the\nuse (initial or continued) of a packaging based on its date of manufacture. The HMR authorize\nuse of a packaging beyond a 5-year service life. Regardless of timeframe, the reuse and\nreconditioning of these packagings are subject to conditions in§ 173.28.\nWhile your question references IATA's DGR, the DGR do not have official standing under the\nHMR, thus our reference to the ICAO TI.\nI hope this information is helpful. Please contact us if we can be of further assistance.\ns&A~\n~:- fGnder7- .\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nDodd, Alice (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent:\nTo:\nSubject: Monday, March 13, 2017 3:42 PM\nHazmat Interps\nFW: Request Letter of Interpretation: Limit on Term of Use for Plastic Drum or Jerrican\nFollow Up Flag:\nFlag Status:\nFollow up\nFlagged\nHi Shante/Alice,\nPlease submit this as a letter of interpretation. I spoke with Mr. Stoehr.\nPlease let me know if you have any questions.\nThanks,\nJordan\nFrom: Daniel Stoehr [mailto:info@danielstraining.com]\nSent: Friday, March 10, 2017 3:18 PM\nTo: INFOCNTR (PHMSA) \nSubject: Re: Request Letter of Interpretation: Limit on Term of Use for Plastic Drum or Jerrican\nUnfortunately, that letter of interpretation doesn't address the issue as clearly as I require. LOI 16-0021\naddresses the reuse of a plastic packaging. My question is specific to the initial use of a plastic drum or\njerrican and whether or not the HMR limits this initial use to within 5 years of the date of manufacture as does\nthe IA TA DGR and IMDG Code.\nTherefore, I request a letter of interpretation from PHMSA regarding the question I posed in my email of\n03 .09.17.\nThank you for your assistance.\nDaniel Stoehr\nDaniels Training Services, Inc.\n815.821.1550\nl nfo(cll, DanielsT mining.com\nwww. DanielsTraining.corn\nSubscribe to my Monthlv Newsletter\nDaniel Stoehr\nDaniels Training Services, Inc.\n~J 5.821.1550\nlnfo(cU, DanielsTraining.com\n'\"'WW.DanielsTraining.corn\nSubscribe to my Monthly Newsletter\n1\n\n<<>>\n\nOn Fri, Mar 10, 2017 at 9:51 AM, INFOCNTR (PHMSA) wrote:\nDaniel,\nAttached is the document that you requested during our phone call. Additionally, you can access the Code of Federal\nRegulations at www.ecfr.gov. I hope that this information is helpful.\nYou may contact the Hazardous Materials Information Center, which is staffed with regulatory specialists who can\n1 quickly answer your questions by phone, Monday through Friday, 9 AM - 5 PM EST at (800) 467-4922 or (202) 366-\n4488. Alternatively, if you would like a regulatory specialist to contact you directly, please respond to this e-mail with a\ntelephone number where you can be reached between 9 AM and 5 PM EST.\nSincerely,\nJordan\nHazardous Materials Information Center\nAn e-mail response from this office is considered informal guidance. Formal guidance may be requested in accordance\nwith 49 CFR 105.20. http://hazmat.dot.gov/infocent.htm\nFrom: Daniel Stoehr [mailto:info@danielstraining.com]\nSent: Thursday, March 09, 2017 11:22 PM\nTo: INFOCNTR (PHMSA) \nSubject: Request Letter of Interpretation: Limit on Term of Use for Plastic Drum or Jerrican\nThe regulations of the PHMSA/USDOT, International Air Transport Association (IATA), and the International\nMaritime Organization (IMO) each require all non-bulk packagings in compliance with the Non-bulk\nPerformance-Oriented Packaging Standards to be marked with the last two digits of their year of\nmanufacture. A drum or jerrican manufactured of plastic - identification codes 1 H and 3H, respectively - must\nalso be marked with the month of manufacture.\n2\n\n<<>>\n\nThe regulations of these three entities differ, however, on the issue of the permitted term of use for a plastic\npackaging. Both the IA TA Dangerous Goods Regulations and the IMO Dangerous Goods Code specify that a\nplastic drum or jerrican (also a rigid plastic IBC and composite IBC with plastic inner receptacles) is limited to a term\nof use of no more than five (S) years from its date of manufacture. A similar statement can not be found in the\nPHMSA/USDOT Hazardous Materials Regulations. A conversation with the PHMSA Hazardous Materials Information\nCenter confirmed that, subject to the HMR, there is no limit on the term of use or lifespan of a plastic packaging for the\ntransport of a hazardous material.\nPlease confirm if my interpretation is correct in the form of a written letter of interpretation to the address below\n· Thank you for your assistance .\n. I\nI\nDaniel Stoehr\nDaniels Training Services, Inc.\nPO Box 1232 / Freeport, IL 61032\nlnfo@OanielsTraining,_com\nwww.DanielsTraining.com\n3","truncated":false,"body_characters":6080}