{"operation":"document","citation":"03-0102","title":"Palava Consulting Services — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-10-23","effective_on":null,"summary":"03-0102 response to Palava Consulting Services concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0102.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0102.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0102","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030102.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nResearch and\nWashington, D.C. 20590\npecial Program:\nAdministration\nост 2 з 2003\nMr. Richard Palava\nPalava Consulting Services\nRef. No. 03-0102\n1735 Indian Wells Avenue\nOcala, Florida 34472-8402\nDear Mr. Palava:\nThis is in further response to your April 2, 2003 letter requesting clarification of the applicability\nof the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to carriers transporting\nhazardous materials in commerce. You were specifically concerned about the applicability of the\nHMR to transport vehicles that have been cleaned and purged of the hazardous materials they\npreviously contained.\nOur May 27, 2003 reply to your letter indicated that the HMR do not apply to the transportation\nof an empty trailer that has been cleaned and purged of hazardous materials. We should have\nnoted that, for cargo tank motor vehicles and other bulk packagings that are marked to indicate\nconformance with the packaging specification requirements in the HMR, the packaging must\nconform to all applicable regulatory requirements even if the packaging has been cleaned and\npurged of all hazardous materials. Thus, a specification cargo tank motor vehicle that has been\ncleaned and purged must comply with all applicable specification, requalification, and\nmaintenance requirements or the specification marking must be covered or removed.\nletter may have caused.\nI hope this information is helpful. Please accept my apology for any confusion our previous\nSincerely,\nThor Drag\nSusan Gorsky\nSenior Regulations Specialist\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nU.S. Department\nof Transportation\n400 Seventh St., S.W.\nSpecial Programs\nResearch and\nWashington, D.C. 20590\nAdministration\nMAY 27 2003\nMr. Richard Palava\nPalava Consulting Services\nRef. No. 03-0102\n1735 Indian Wells Ave.\nOcala, Florida 34472-8402\nDear Mr. Palava:\nThis responds to your April 2, 2003 letter requesting clarification regarding the applicability of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask when the\npurged.\nHMR apply to carriers transporting hazardous materials and empty trailers that have been cleaned and\nIn accordance with § 171.1, the HMR apply to any person who offers for transportation or transports\nhazardous materials in interstate, intrastate, and foreign commerce by rail car, aircraft, motor vehicle, or\nvessel. A carrier is subject to the HMR from the time it takes possession of the hazardous materials\nuntil the shipment is delivered to its destination, including loading, unloading, and storage incidental to\nhazardous materials.\ntransportation. The HMR do not apply to an empty trailer that has been cleaned and purged of\nI hope this answers your inquiry.\nSincerely,\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n•\nPALAVA\n1736 Indian Wolls Ave.\nOcala, Florida 34472-8402\nSpecializing in Motor Carrer Compliance\nAssistance In Loss Control\n352 624-0206\nand Risk Management\nFax 352 624-4136\nE-Mail rpalava@aoi.com\nApril 2, 2003\nBoothe\n8171. 2\nOffice of Hazardous Materials Standards\nU. S. DOT/RSPA (DHM-10)\nApplicability\n400 7\" Street, S.W.\nWashington, D.C. 20590-0001\n03-0/02\nMr. Edward T. Mazzullo\nRE: Request for a formal written Interpretation.\nDear Mr. Mazzullo;\n*I am requesting a written Interpretation in regard to the Hazardous Materials\nRegulations.\nWhen do the hazardous material regulations apply to the motor carrier? Do they apply\nwhen they take possession of the material and end when the shipment is delivered to\nits destination according to the shipping paper? Or is it that, if the motor carrier\ntransports any hazardous material the motor carrier then become sublect to the\nregulation from that time on? This is taking into consideration that the transport vehicle\nhas been cleaned and purged of all hazardous materlals and all placards have been\nvehicles after delivery.\nremoved at the delivery location, as required by the regulations, before moving the\ntrailer and picks up an empty (clean and purged) trailer, is the driver still subject to the\nUnder the same type of operation, If the driver dropped a loaded hazardous material\nhazardous material regulations?\nThank You\nSincerely,","truncated":false,"body_characters":4289}