The Association of Container Reconditioners — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Research and Special Programs Administration MAY 4 1998 Mr. Paul Rankin, President The Association of Container Reconditioners 8401 Corporate Drive, Suite 140 • Landover, MD 20785-2224 Dear Mr. Rankin: This is in response to your letter of May 28, 1997, and your telephone conversation with Mr. Charles Betts of my staff, requesting clarification on the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) concerning the modification of markings displayed on a durable preprinted label and affixed to the side of a reconditioned steel drum. You state that drum reconditioners stock the more commonly used markings (i.e., preprinted labels). Sometimes slightly different markings are needed for a reconditioned drum. You ask whether a reconditioner can use an indelible marker to change the preprinted markings to show a higher performance capability provided that the altered markings never exceed the manufacturer's permanent mark, for example, changing the preprinted marking "UN 1A1/Y1.2/100" to read "UN 1A1/Y1.4/100." The answer is yes. Using a permanent ink to alter the markings on the label is acceptable if the requirements specified in § 178.3 (a)(3) for permanency, contrast, and legibility are met. However, you should be aware that a manual change to a printed label may be viewed with suspicion by persons using, handling or inspecting the drums. Also, as you stated and as prescribed by § 173.24 (c)(4), in no case may the markings applied by the reconditioner identify a greater performance capability than that marked on the drum by the manufacturer. I hope this information is helpful. Should you have further questions, do not hesitate to contact US. Sincerely, Director, Office of Hazardous Materials Standards#

Page 2RECONDITION The Association of Container Reconditioners Dile: 178.503 354 5 50.318, "Responsible Container Management" PIESE May 28, 1997 Edward T. Mazzullo, Director Office of Hazardous Materials Standards Research and Special Programs Administration Department of Transportation Washington, DC 20590-0001 Dear Mr. Mazzullo, On behalf of the Association of Container Reconditioners (ACR), I am writing to request written confirmation of an oral interpretation we recently received from RSPA with respect to the modification of durable side labels on steel drums. Because reconditioner's customers sometimes require markings that are slightly different from commonly stocked durable adhesive markings (i.e., labels), ACR is interested in clarifying the legality of label modification. On May 27, 1997, Dana Worcester of ACR spoke with Charles Betts, DOT Transportation Regulation Specialist. She asked the following: provided the durable mark never exceeds the permanent mark, could, following reconditioning, the reconditioner's standard UN 1A1/Y1.2/100 adhesive marking be changed by the reconditioner with an indelible marker to a "higher level" e.g., UN 1A1/Y1.4/100? Mr. Betts advised the marking would be legal, provided that the new marking provides the permanency, contrast and legibility so as to be read and easily understood as required in 178.503 (a) (3). We believe this interpretation is correct, however, since the situation has arisen several times, we would appreciate your confirmation of this view. incerely Pail Pantai Paul Rankin letle in train Sit in te President CC: Larry Bierlein Elliot Pearlman 8401 Corporate Drive, Suite 140 • Landover, MD 20785-2224 • TEL (301) 577-3786/FAX (301) 577-6476#

Page 3EECONDTION :2002 The Association of : i.t Container Reconditioners N231: 1331. CLE Landover, MD 20785-2224 8401 Corporate Drive, Suite 140 "Responsible Container Management" Edward T. Mazzullo, Director Research & Special Programs Adminis Office of Hazardous Materials Stand Department of Transportation Washington, DC 20590-0001 * Printed on Rocycied Papor#