[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR173.28]
[Page 446-449]
TITLE 49--TRANSPORTATION
CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION,
DEPARTMENT OF TRANSPORTATION
PART 173_SHIPPERS_GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS
--Table of Contents
Subpart B_Preparation of Hazardous Materials for Transportation
Sec. 173.28 Reuse, reconditioning and remanufacture of packagings.
(a) General. Packagings and receptacles used more than once must be
in such condition, including closure devices and cushioning materials,
that they conform in all respects to the prescribed requirements of this
subchapter. Before reuse, each packaging must be inspected and may not
be reused unless free from incompatible residue, rupture, or other
damage which reduces its structural integrity.
[[Page 447]]
(b) Reuse of non-bulk packaging. A non-bulk packaging used more than
once must conform to the following provisions and limitations:
(1) A non-bulk packaging which, upon inspection, shows evidence of a
reduction in integrity may not be reused unless it is reconditioned in
accordance with paragraph (c) of this section.
(2) Before reuse, packagings subject to the leakproofness test with
air prescribed in Sec. 178.604 of this subchapter shall be--
(i) Retested without failure in accordance with Sec. 178.604 of
this subchapter using an internal air pressure (gauge) of at least 48
kPa (7.0 psig) for Packing Group I and 20 kPa (3.0 psig) for Packing
Group II and Packing Group III; and
(ii) Marked with the letter ``L'', with the name and address or
symbol of the person conducting the test, and the last two digits of the
year the test was conducted. Symbols, if used, must be registered with
the Associate Administrator.
(3) Packagings made of paper (other than fiberboard), plastic film,
or textile are not authorized for reuse;
(4) Metal and plastic drums and jerricans used as single packagings
or the outer packagings of composite packagings are authorized for reuse
only when they are marked in a permanent manner (e.g., embossed) in mm
with the nominal (for metal packagings) or minimum (for plastic
packagings) thickness of the packaging material, as required by Sec.
178.503(a)(9) of this subchapter, and--
(i) Except as provided in paragraph (b)(4)(ii) of this section,
conform to the following minimum thickness criteria:
------------------------------------------------------------------------
Minimum thickness of packaging material
Maximum capacity not --------------------------------------------------
over Plastic drum or
Metal drum or jerrican jerrican
------------------------------------------------------------------------
20 L................. 0.63 mm (0.025 inch).... 1.1 mm (0.043 inch).
30 L................. 0.73 mm (0.029 inch).... 1.1 mm (0.043 inch).
40 L................. 0.73 mm (0.029 inch).... 1.8 mm (0.071 inch).
60 L................. 0.92 mm (0.036 inch).... 1.8 mm (0.071 inch).
120 L................ 0.92 mm (0.036 inch).... 2.2 mm (0.087 inch).
220 L................ 0.92 mm (0.036 inch) 1.. 2.2 mm (0.087 inch).
450 L................ 1.77 mm (0.070 inch).... 5.0 mm (0.197 inch).
------------------------------------------------------------------------
\1\ Metal drums or jerricans with a minimum thickness of 0.82 mm
body and 1.09 mm heads which are manufactured and marked prior to
January 1, 1997 may be reused. Metal drums or jerricans manufactured and
marked on or after January 1, 1997, and intended for reuse, must be
constructed with a minimum thickness of 0.82 mm body and 1.11 mm heads.
(ii) For stainless steel drums and jerricans, conform to a minimum
wall thickness as determined by the following equivalence formula:
Formula for Metric Units
[GRAPHIC] [TIFF OMITTED] TP26JN96.000
Formula for U.S. Standard Units
[GRAPHIC] [TIFF OMITTED] TP26JN96.001
where:
e1 = required equivalent wall thickness of the metal to be
used (in mm or, for U.S. Standard units, use inches).
e0 = required minimum wall thickness for the reference steel
(in mm or, for U.S. Standard units, use inches).
Rm1 = guaranteed minimum tensile strength of the metal to be
used (in N/mm2 or for U.S. Standard units, use psi).
A1 = guaranteed minimum elongation (as a percentage) of the
metal to be used on fracture under tensile stress (see paragraph (c)(1)
of this section).
(5) Plastic inner receptacles of composite packagings must have a
minimum thickness of 1.0 mm (0.039 inch).
(6) A previously used non-bulk packaging may be reused for the
shipment of hazardous waste, not subject to the reconditioning and reuse
provisions of this section, in accordance with Sec. 173.12(c).
(7) Notwithstanding the provisions of paragraph (b)(2) of this
section, a packaging otherwise authorized for reuse may be reused
without being leakproofness tested with air provided the packaging--
(i) Is refilled with a material which is compatible with the
previous lading:
(ii) Is refilled and offered for transportation by the original
filler;
[[Page 448]]
(iii) Is transported in a transport vehicle or freight container
under the exclusive use of the refiller of the packaging; and
(iv) Is constructed of--
(A) Stainless steel, monel or nickel with a thickness not less than
one and one-half times the minimum thickness prescribed in paragraph
(b)(4) of this section;
(B) Plastic, provided the packaging is not refilled for reuse on a
date more than five years from the date of manufacture marked on the
packaging in accordance with Sec. 178.503(a)(6) of this subchapter; or
(C) Another material or thickness when approved under the conditions
established by the Associate Administrator for reuse without retesting.
(c) Reconditioning of non-bulk packaging. (1) For the purpose of
this subchapter, reconditioning of metal drums is:
(i) Cleaning to base material of construction, with all former
contents, internal and external corrosion, and any external coatings and
labels removed;
(ii) Restoring to original shape and contour, with chimes (if any)
straightened and sealed, and all non-integral gaskets replaced: and
(iii) Inspecting after cleaning but before painting, Packagings that
have visible pitting, significant reduction in material thickness, metal
fatigue, damaged threads or closures, or other significant defects, must
be rejected.
(2) For the purpose of this subchapter, reconditioning of a non-bulk
packaging other than a metal drum includes:
(i) Removal of all former contents, external coatings and labels,
and cleaning to the original materials of construction;
(ii) Inspection after cleaning with rejection of packagings with
visible damage such as tears, creases or cracks, or damaged threads or
closures, or other significant defects;
(iii) Replacement of all non-integral gaskets and closure devices
with new or refurbished parts, and cushioning and cushioning materials;
and components including gaskets, closure devices and cushioning and
cushioning material. (For a UN 1H1 plastic drum, replacing a removable
gasket or closure device with another of the same design and material
that provides equivalent performance does not constitute
reconditioning); and
(iv) Ensuring that the packagings are restored to a condition that
conforms in all respects with the prescribed requirements of this
subchapter.
(3) A person who reconditions a packaging manufactured and marked
under the provisions of subpart L of part 178 of this subchapter, shall
mark that packaging as required by Sec. 178.503(c) and (d) of this
subchapter. The marking is the certification of the reconditioner that
the packaging conforms to the standard for which it is marked and that
all functions performed by the reconditioner which are prescribed by
this subchapter have been performed in compliance with this subchapter.
(4) The markings applied by the reconditioner may be different from
those applied by the manufacturer at the time of original manufacture,
but may not identify a greater performance capability than that for
which the original design type had been tested (for example, the
reconditioner may mark a drum which was originally marked as 1A1/Y1.8 as
1A1/Y1.2 or 1A1/Z2.0).
(5) Packagings which have significant defects which cannot be
repaired may not be reused.
(d) Remanufacture of non-bulk packagings. For the purpose of this
subchapter, remanufacture is the conversion of a non-specification, non-
bulk packaging to a DOT specification or U.N. standard, the conversion
of a packaging meeting one specification or standard to another
specification or standard (for example, conversion of 1A1 non-removable
head drums to 1A2 removable head drums) or the replacement of integral
structural packaging components (such as non-removable heads on drums).
A person who remanufactures a non-bulk packaging to conform to a
specification or standard in part 178 of this subchapter is subject to
the requirements of part 178 of this subchapter as a manufacturer.
(e) Non-reusable containers. A packaging marked as NRC according to
the
[[Page 449]]
DOT specification or UN standard requirements of part 178 of this
subchapter may be reused for the shipment of any material not required
by this subchapter to be shipped in a DOT specification or UN standard
packaging.
(f) A Division 6.2 packaging to be reused must be disinfected prior
to reuse by any means effective for neutralizing the infectious
substance the packaging previously contained. A secondary packaging or
outer packaging conforming to the requirements of Sec. 173.196 or Sec.
173.199 need not be disinfected prior to reuse if no leakage from the
primary receptacle has occurred.
[Amdt. 173-224, 55 FR 52614, Dec. 21, 1990]
Editorial Note: For Federal Register citations affecting Sec.
173.28, see the List of CFR Sections Affected which appears in the
Finding Aids section of the printed volume and on GPO Access.