{"operation":"document","citation":"02-0064","title":"NM Transfer Co., Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-03-06","effective_on":null,"summary":"02-0064 response to NM Transfer Co., Inc. concerning 173.29.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0064.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0064.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0064","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020064.pdf","body":"<<<PAGE 1>>>\n\né =\nU.S. Department\nof Transportation\nWashington, D.C. 20590\n400 Seventh St., S.W.\nMAR 6 2003\nMs. Cary Krickeberg\nSafety Manager\nNM Transfer Co., Inc.\n630 Muttart Road\nRef. No. 02-0064\nNeenah, WI 54956\nDear Ms. Krickeberg:\nThis responds to your letter regarding empty packaging and prohibited labeling requirements under the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180), as they apply to the transportation\nof empty packagings bearing a CORROSIVE label. We apologize for the delay in responding and\nhope it has not caused any inconvenience.\nYour company transports empty 55 gallon drums to a reconditioner with no hazardous material\ninformation on the shipping paper, except that the drums are \"triple rinsed. You asked, for empty\npackagings, if the shipping paper indicates in some manner that the drums have been rinsed or cleaned,\nor if there is no indication of whether or not the drums have been cleaned and purged of residue or\nvapors, must the CORROSIVE hazard warning label be removed?\nGenerally, empty packagings containing a residue of a hazardous material must be transported in the\nsame manner as when they previously held a greater quantity of the material, unless the packagings are\nsufficiently cleaned of residue and purged of vapors to remove any potential hazard, or are reloaded\nwith a material which is not subject to the HMR. A non-bulk packaging (e.g., 55 gallon drum)\ncontaining only the residue of a hazardous material collected and transported by contract or private\ncarrier for reconditioning, remanufacture, or reuse is excepted from the shipping paper requirements in\nsubpart C of part 172. Therefore, if the vendor is a private or contract carrier, it would not be subject\nto the shipping paper requirements (see § 173.29(c)(2))).\nAn empty packaging is not subject to any other requirement if any hazardous material shipping name\nand identification number markings, any hazard warning labels (e.g., CORROSIVE) or placards, and\nany other markings indicating that the material is hazardous (e.g., RQ) are removed, obliterated, or\nsecurely covered in transportation. However, the markings, labels and placards do not have to be\nremoved, obliterated or covered in transportation in a transport vehicle or freight container if: (1) The\npackaging is not visible in transportation and the packaging is loaded by the shipper and unloaded by\n020064\n113.29\n\n<<<PAGE 2>>>\n\nthe shipper or consignee; (2) The packaging is unused; (3) Is sufficiently cleaned of residue and purged\nof vapors to remove any potential hazard; (4) Is refilled with a material which is not hazardous to such\nan extent that any residue remaining in the packaging no longer poses a hazard; or (5) contains only the\nresidue of certain materials specified in § 173.29(b)(2)(iv).\nIn addition, the prohibited labeling requirements in § 172.401 do not apply to a packaging bearing a\nlabel (e.g., CORROSIVE) if that packaging is: (1) Unused or cleaned and purged of all residue; (2)\ntransported in a transport vehicle or freight container in such a manner that the packaging is not visible\nduring transportation; and (3) Loaded by the shipper and unloaded by the shipper or consignee (see\n§ 172.401(d)).\nI hope this satisfies your inquiry. If we can be of further assistance, please contact us.\nSincerely,\nVietn\nDelmer F. Billings\nChief, Standards Division\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nOn time. We quarantee it.\nWILL\nTRANSFER CO., INC.\nEngrum\nJanuary 17, 2002\n§173.29\n8172.401 (a)NG)(e)\nMr. Ed Mazzullo\nDHM-10 RSPA\nDirector - Office of Haz/mat Standards\nEmpty Packagings\n400 mth St. S.W.\nWashington, D.C., 20590-0001\nProhibited Labeling\nDear Mr. Mazzullo;\n02-0064\nMy company currently picks up and transports shipments for several shippers who ship\ngoing to a re-conditioner and will be transferred several times before they reach final\nempty 55 gallon drums that still have DOT corrosive labels on them. The drums are\npapers, but in some shipments they indicate the drums are \"triple rinsed\", and in other\ndestination. The shipper is providing no hazardous material information on the shipping\nhe does not have to remove the DOT labels from the drums because of the information\nshipments they tail to indicate if the drums have been cleaned. The shipper advises that\nto locate) that allows for keeping labels on empty drums when they are being shipped to a\nfound in 173.29 ( c) (1) (2). He also justifies it based on a regulation (that I am unable\nfinal destination in which they will be repackaged, reconditioned, or røused.\ndrums have been rinsed or cleaned, do the DOT labels have to be removed?\n1) In the example listed above, if the shipping paper indicates in some form that the\nwith labels still applied, then am I correct in assuming that the wording (along with the\n2) If the shipping paper does not indicate any cleaned or purged status of empty drums\nbasic desctiption) as listed in 172.203(e) must be included on the shipping paper?.\nI appreciate afly information you could provide us in regards to these concerns.\nN&M Transfer Co., Inc.\nSafety Manager\nCary Krickeberg\nck\n630 Muttart Road • Neenah, WI 54956 • 920-722-7760 • 800-236-4463 • 920-722-6285 Fax","truncated":false,"body_characters":5209}