Palava Consulting Services — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Research and Washington, D.C. 20590 pecial Program: Administration ост 2 з 2003 Mr. Richard Palava Palava Consulting Services Ref. No. 03-0102 1735 Indian Wells Avenue Ocala, Florida 34472-8402 Dear Mr. Palava: This is in further response to your April 2, 2003 letter requesting clarification of the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to carriers transporting hazardous materials in commerce. You were specifically concerned about the applicability of the HMR to transport vehicles that have been cleaned and purged of the hazardous materials they previously contained. Our May 27, 2003 reply to your letter indicated that the HMR do not apply to the transportation of an empty trailer that has been cleaned and purged of hazardous materials. We should have noted that, for cargo tank motor vehicles and other bulk packagings that are marked to indicate conformance with the packaging specification requirements in the HMR, the packaging must conform to all applicable regulatory requirements even if the packaging has been cleaned and purged of all hazardous materials. Thus, a specification cargo tank motor vehicle that has been cleaned and purged must comply with all applicable specification, requalification, and maintenance requirements or the specification marking must be covered or removed. letter may have caused. I hope this information is helpful. Please accept my apology for any confusion our previous Sincerely, Thor Drag Susan Gorsky Senior Regulations Specialist Office of Hazardous Materials Standards#

Page 2U.S. Department of Transportation 400 Seventh St., S.W. Special Programs Research and Washington, D.C. 20590 Administration MAY 27 2003 Mr. Richard Palava Palava Consulting Services Ref. No. 03-0102 1735 Indian Wells Ave. Ocala, Florida 34472-8402 Dear Mr. Palava: This responds to your April 2, 2003 letter requesting clarification regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask when the purged. HMR apply to carriers transporting hazardous materials and empty trailers that have been cleaned and In accordance with § 171.1, the HMR apply to any person who offers for transportation or transports hazardous materials in interstate, intrastate, and foreign commerce by rail car, aircraft, motor vehicle, or vessel. A carrier is subject to the HMR from the time it takes possession of the hazardous materials until the shipment is delivered to its destination, including loading, unloading, and storage incidental to hazardous materials. transportation. The HMR do not apply to an empty trailer that has been cleaned and purged of I hope this answers your inquiry. Sincerely, Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards#

Page 3• PALAVA 1736 Indian Wolls Ave. Ocala, Florida 34472-8402 Specializing in Motor Carrer Compliance Assistance In Loss Control 352 624-0206 and Risk Management Fax 352 624-4136 E-Mail rpalava@aoi.com April 2, 2003 Boothe 8171. 2 Office of Hazardous Materials Standards U. S. DOT/RSPA (DHM-10) Applicability 400 7" Street, S.W. Washington, D.C. 20590-0001 03-0/02 Mr. Edward T. Mazzullo RE: Request for a formal written Interpretation. Dear Mr. Mazzullo; *I am requesting a written Interpretation in regard to the Hazardous Materials Regulations. When do the hazardous material regulations apply to the motor carrier? Do they apply when they take possession of the material and end when the shipment is delivered to its destination according to the shipping paper? Or is it that, if the motor carrier transports any hazardous material the motor carrier then become sublect to the regulation from that time on? This is taking into consideration that the transport vehicle has been cleaned and purged of all hazardous materlals and all placards have been vehicles after delivery. removed at the delivery location, as required by the regulations, before moving the trailer and picks up an empty (clean and purged) trailer, is the driver still subject to the Under the same type of operation, If the driver dropped a loaded hazardous material hazardous material regulations? Thank You Sincerely,#