PHMSA Response Letter

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Mr. Tom Leftwich
Black Forest Marketing, LLC
617 N. Main Street
Greenville, NC 29601

Ref. No. 08-0165

Dear Mr. Leftwich:

This responds to your request for clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding the periodic design requalification testing and authorization for use in the United States (U.S.) of certain UN specification packagings. Specifically, you ask whether new single packagings, UN 31A rigid intermediate bulk containers (IBCs) and UN 1A1 non-removable head steel drums, that are manufactured and marked in Germany, are authorized for use in the United States if the original design qualification tests were conducted more than 12 months ago with no subsequent testing. You also ask whether approval must be obtained from the Associate Administrator of Hazardous Materials Safety (Associate Administrator), Pipeline and Hazardous Materials Safety Administration (PHMSA), U.S. Department of Transportation (DOT), if the German-manufactured packages do not conform to the HMR’s frequency requirements for periodic design requalification testing and also whether the Associate Administrator’s approval must be obtained if the German manufacture complies with the HMR’s 12-month frequency testing requirement with the approval of the German competent authority. You reference §§ 173.24, 178.601 and 178.801 in your letter.

With respect to the frequency intervals for periodic design requalification testing,
§§ 178.601(e) and 178.801(e) apply to U.S. manufactured packagings. Section 173.24(d) authorizes the import and use of foreign manufactured specification and UN standard packagings in the U.S. provided: (1) the packagings fully conform to applicable provisions in the UN Recommendations and the requirements of Part 173, Subpart B, including reuse provisions; (2) the packagings are capable of passing the prescribed tests in Part 178 of this subchapter applicable to the standard; and (3) the competent authority of the country of manufacture provides reciprocal treatment for UN standard packagings manufactured in the United States. When these provisions are met, approval from DOT/PHMSA’s Associate Administrator is not required for German-manufactured UN 31A IBCs and UN 1A1 drums with a periodic design requalification testing frequency interval that is longer than the HMR’s 12-month frequency testing interval when authorized by Germany’s competent authority. Further, Associate Administrator approval is not required if the German manufacturer complies with the HMR’s 12-month frequency testing requirement with the approval of the German competent authority.

I hope this information is helpful. Please contact this office should you have additional questions.

Sincerely,

Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards

§§ 173.24, 178.601, 178.801