Vaught Aircraft — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Research and SEP 2 0 2002 Washington, D.G. 20590 speciai Program: Administration Mr. David Norton Vought Aircraft Ref. No. 02-0220 P.O. Box 655907 Dallas, IX 75165-59074 Dear Mr. Norton: This is in response to your letter requesting clarification of whether your company is responsible for ensuring that drums containing nitric acid residue are properly classed, described, 'for reuse in accordance with S: 173:29 (c)of the Hazardous packaged, marked and labeled when being returned to the supplier Materials Regulations (HMR; 49 CFR Parts 171-180). drums from a local supplier. You stated that your company purchase nitric acid in UN1A1 metal drums by pouring only (not cleaning and purging), the drums are Upon emptying the contents of the arranged for pick-up by the same supplier. employees load the empty drums onto the supplier's truck for Your company's return and reuse. Under the nitric acid), including a "residue;" for transportation is a person who offersra hazardous material (e.g., functions include the responsibility for properly classifying, responsible. for performing the functions of an offeror. •papers for the return of the drums:to the supplier's facilities. describing, packaging, marking, labeling and preparing shipping material must be transported in the same manner as when they Generally, empty packagings containing a residue of a hazardous. accordance with § 173.29 (c), a non-bulk packaging containing previously held a greater quantity of the material. However, in only the residue of a hazardous material covered by table 2 of $ 172.504 when collected and transported by a contract or private carrier for reconditioning, remanufacture or reuse is excepted from the shipping paper and placarding requirements. be of further assistance. I trust this satisfies your inquiry. Please contact us if we can Sincerely, Hottie z. mitchell Hattie L. Mitchell Office Chief, of Hazardous Materials Standards Regulatory Review and Reinvention 173.29 (c) 020220#

Page 2Betts Vought 8173,29 (c) Empty PO.Box 655907 Aircraft Industries, Inc. 02-0220 Dallas, TX 75165-5907 C-82333/2002L-010 19 August 2002 U.S. Department of Transportation Office of Hazardous Materials Standards 400 Seventh St. S.W. Washington, D.C 20590 Dear Sir, Our company purchases nitric acid in UN1A1 metal drums from a local supplier. Upon emptying ame supplier that we procure the nitric acid. Our company loads the empty drums in th he contents of the drums by pouring only (no purging); the drums are staged for pick-up by th supplier's truck for return and reuse. No shipping papers are prepared or provided by our company. It is my understanding of the regulations that there are no shipping paper requirements under 173.29(c). What is our company's responsibility in ensuring that the return of the nitric acid containers are properly classed, described, packaged, marked and labeled per applicable regulations? Sincerely, David Norton Vought Aircraft P.O. Box 655907 M/S 93-01 Dallas, Tx. 75265 PH. 972-946-3319 Fax. 972-946-3116 E-Mail: nortoda@voughtaircraft.com#