{"operation":"document","citation":"23-0021","title":"W. R. Grace & Co – Conn. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2023-07-31","effective_on":null,"summary":"23-0021 response to W. R. Grace & Co – Conn. concerning 173.28.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0021.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0021.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0021","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/77821/230021.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nJuly 31, 2023\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nPaul Errichetti\nSr. Mgr., Fleet and Dangerous Goods\nW. R. Grace & Co – Conn.\n7500 Grace Drive\nColumbia, MD 21044\nReference No. 23-0021\nDear Mr. Errichetti:\nThis letter is in response to your March 6, 2023, email and subsequent phone conversations\nrequesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180)\napplicable to Department of Transportation (DOT) specification packagings. You indicate that\nyour company has a fleet of cylinders that were manufactured and certified as DOT-4BW\ncylinders; however, due to frustrations with using these packagings internationally, you prefer to\ntest and certify them as United Nations (UN) specification steel drums (i.e., UN1A1). You note\nthat the DOT-4BW cylinders meet the physical specifications and have passed required testing to\nqualify as UN1A1 steel drums, and that no physical changes are needed to meet the UN1A1\npackaging standard.\nWe have paraphrased and answered your questions as follows:\nQ1. You ask whether your company may remanufacture a cylinder—which currently meets\nthe DOT-4BW specification standard—as now meeting the UN1A1 steel drum\nspecification standard.\nA1. The answer is yes, as the HMR does not prohibit this action. As provided in § 173.28,\nremanufacture includes the conversion of a packaging meeting one specification or\nstandard to another specification or standard. Note that a person (or company) who\nremanufactures a non-bulk packaging to conform to a specification or standard is subject\nto the manufacturer’s requirements outlined in Part 178 of the HMR.\nQ2. You ask whether a non-bulk container may be dual-marked as a DOT-4BW cylinder and\nas a UN1A1 steel drum.\n\n<<<PAGE 2>>>\n\nA2. The answer is yes. In accordance with § 178.3(c), if a packaging conforms to more than\none UN standard or DOT specification, the packaging may bear more than one marking\nprovided all requirements are met and each marking is shown in full.\nQ3. You ask whether the original DOT-4BW cylinder marking may be covered up with the\nnew UN1A1 steel drum marking.\nA3. The answer is yes. Note, however, that with regard to your scenario, a packaging\npreviously marked as representing compliance with the DOT-4BW specification but no\nlonger maintained as such must have the marking covered or obliterated prior to its use\nand transportation. In your scenario, the DOT-4BW marking may be covered up by the\nUN1A1 specification marking in its place.\nQ4. If remanufacture is permitted, you ask whether you may use a third-party agency to\nperform the remanufacture and validation testing.\nA4. The answer is yes.\nQ5. You ask whether a 58-gallon UN1A1 steel drum marked with the appropriate nominal\nthickness marking requires additional leakproofness tests in order to be reused.\nA5. The answer is yes, unless the requirements of § 173.28(b)(7) are met—which include that\nthe packaging:\n(1) is refilled with a material which is compatible with the previous lading:\n(2) is refilled and offered for transportation by the original filler;\n(3) is transported in a transport vehicle or freight container under the exclusive use of\nthe refiller of the packaging; and\n(4) is constructed of stainless steel, monel, or nickel with a thickness not less than one\nand one-half times of the minimum thickness requirement.\nQ6. You ask what package description is appropriate on the shipping paper when shipping\nthis package if it is dual-marked as a DOT-4BW cylinder and as a UN1A1 steel drum.\n\n<<<PAGE 3>>>\n\nA6. For a packaging that is dual-marked because it meets more than one packaging\nspecification and type, either packaging type is appropriate when listing it on the shipping\npaper, provided that it is an authorized packaging for the material.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nShane C. Kelley\nDirector,\nStandards and Rulemaking Division\n\n<<<PAGE 4>>>\n\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: LOI for 49 CFR 178.28(d)\nDate: Wednesday, March 15, 2023 4:31:50 PM\nAttachments: DOT-PHSMA LoI 49CFR173.28d - 06Mar2023.pdf\nHello Alice,\nPlease see the attached interpretation request.\nLet us know if you need anything.\nRegards,\n-Breanna\nFrom: Errichetti, Paul <Paul.Errichetti@grace.com>\nSent: Monday, March 6, 2023 4:30 PM\nTo: PHMSA HM InfoCenter <PHMSAHMInfoCenter@dot.gov>\nSubject: LOI for 49 CFR 178.28(d)\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nHi,\nPlease find attached a request for formal letter of interpretation.\nIf you have questions with regards to this request please contact me via email or my mobile number\nlisted below in my signature.\nThanks,\nPaul Errichetti | Senior Manager, Fleet & Dangerous Goods\nW. R. Grace & Co – Conn. | 7500 Grace Drive, Columbia, MD 21044, USA | T +1 410.531.8215 | M +1\n732.306.0683 | paul.errichetti@grace.com\nTHIS EMAIL AND ANY ATTACHED FILES ARE CONFIDENTIAL AND MAY BE LEGALLY PRIVILEGED. If you are not the addressee, any disclosure,\nreproduction, copying, distribution, or use of this communication is strictly prohibited. If you have received this transmission in error please notify the\nsender immediately and then delete this email.\nOur privacy policy can be found here. At any time, you may change your preferences or remove your data by clicking here. Unsubscribe\n\n<<<PAGE 5>>>\n\nCasey\n23-0021\nPaul Errichetti\nSr. Mgr., Fleet and Dangerous Goods\nT +1 410.531.8215\nM +1 732.306.0683\nPaul.Errichetti@grace.com\nW. R. Grace & Co.-Conn.\n7500 Grace Drive\nColumbia, MD, USA, 21044\nMarch 6, 2023\nMr. Shane Kelley\nDirector, Standards and Rulemaking Division\nU.S. DOT/PHMSA (PHH-10)\n1200 New Jersey Avenue\nSE East Building, 2nd Floor\nWashington, DC 20590\nDear Mr. Kelley:\nI am contacting the agency on behalf of WR Grace with this formal request for a letter of interpretation regarding the Hazardous\nMaterials Regulations 49 CFR 173.28(d).\nWR Grace has a fleet of roughly 4,000 returnable packagings.\nThe packagings were originally constructed as 4BW DOT cylinders meeting the requirements of 49 CFR 178.35 & 178.61.\nQuestion 1: Can WR Grace remanufacture DOT-4BW cylinders to a UN1A1 steel drum packaging?\nQuestion 2: Can a non-bulk container be dual-marked as a DOT-4BW cylinder and UN1A1 steel drum packaging?\nQuestion 3: Can the DOT-4BW cylinder markings be covered up with UN1A1 steel drum packaging marks?\nQuestion 4: If WR Grace is permitted to remanufacture; may we use a 3rd Party Certification agency to perform remanufacture\nvalidation testing?\nQuestion 5: An UN1A1 58 gal steel drum to be reused requires that the packaging has a 0.92 mm nominal marking for reuse and a\nleakproofness test and subsequent reuse does not require leakproofness test?\nQuestion 6: If the packaging is dual-marked as a DOT-4BW and UN1A1 steel, what is the correct packaging description for shipping\ndocuments?\nIf you have any questions or need clarification to my questions, please feel free to contact me by cell phone at (732) 306-0683 or via\nemail at Paul.Errichetti@grace.com.\nSincerely,\nPaul Errichetti\nPaul Errichetti\nSr. Mgr., Fleet and Dangerous Goods\n1 grace.com","truncated":false,"body_characters":7389}