PHMSA letter of interpretation

Original user reuse of packages

Pipeline and Hazardous Materials Safety Administration · Nov 12, 1992 · Reference No. 92-0100

PHMSA says to use caution with this letter.

Interprets: 49 CFR § 173.28

The requirements for the reuse of packagings are specified in 4 CFR 173.28. There is no limitation on who may reuse a packaging for the transportation of hazardous materials. The person who reuses the packaging does not have to be the original user. except for packagings made of paper, plastic film, or textile, a packaging can be reused as long as it conforms in all respects to the prescribed requirements of the Hazardous Materials Regulations. The reused packaging must still be capable of passing the I performance tests represented by the package markings. I addition, packagings Which are subject to the leakproofness test of 49 CFR 178.604 must be leakproofness tested prior to each reuse.

The reuse limitations for packagings marked STC are the same as for other packagings. However, a packaging marked NRC can only be reused for a material Which is not required to be shipped in a specification or UN standard packaging, in accordance with 49 CF 173.28(e) (as revised in the editorial and technical revision published on October 1, 1992 (57FR45460)).

Packagings must be marked to indicate that they have been leakproofness tested or reconditioned prior to reuse. An identification of the person performing the leakproofness test or reconditioning must be part of the marking. A symbol can be used to identify the leak tester or reconditioner if the symbol is registered with the Office of Exemptions and Approvals. You may register a symbol by writing to the Approvals Branch, Office of Hazardous Materials Exemptions and Approvals, DHM-32, 400 Seventh St., S.W., Washington, DC 20590.

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A letter of interpretation applies the regulations to the facts the requester described. It isn’t a regulation and isn’t legal advice. The agency’s copy.