{"operation":"document","citation":"06-0083","title":"Transportation Systems Solutions — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-04-28","effective_on":null,"summary":"06-0083 response to Transportation Systems Solutions concerning 173.24.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0083.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0083.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0083","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060083.pdf","body":"<<<PAGE 1>>>\n\nS. Departmer\nf Transportatio\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nPipeline and\nHazardous Materials Safety\nAdministration\nPR 28\nMr. Peter Olsen\nRef. No. 06-0083\n318 Hampshire Lane\nTransportation Systems Solutions\nCrystal Lake, IL 60014\nDear Mr. Olsen:\nThis is in response to your April 6, 2006 letter requesting clarification regarding the\napplicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to\nthe shipment of empty packagings with residue. Specifically, you ask if the requirement\nin § 173.24(b)(4), which prohibits hazardous material residue from adhering to the outside\nof a package during transport, applies to an empty packaging with residue.\nThe answer is yes. The HMR do not allow any package to be transported with hazardous\nmaterial on the outside surface. However, if a package containing hazardous material is\nemptied and some of the material is spilled on the outer surface of the packaging and\ndries, it may be transported if the dried residue does not meet the definition of a hazardous\nmaterial and the package still meets the general packaging requirement in Part 173,\nSubpart B.\nI hope this information is helpful.\nSincerely,\nHattie L. Mitchell, Chief\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n173124(614\n060083\n\n<<<PAGE 2>>>\n\nSatterthwaite\n8173.24\n§173.29\nTransportation Systems Solutions\nEmpty\n06-0083\n318 Hampshire Lane\nCrystal Lake\n815-479-0897\nIllinois, 60014\nU.S Department of Transportation\nPipeline and Hazardous Materials Safety Administration\nOffice of Hazardous Materials Safety\n400 7* St S.W\nWashington, DC 20590-0001\nDear Sir/Madam,\nTransportation Systems Solutions (TSS) respectfully seeks an interpretation as\nto shipping an empty non bulk packaging, as defined in 49 CFR 173.29, that is a\npackaging containing only the residue of a hazardous material, in relation to the\nconstraints of 49 CFR 173.24(b)(4), namely there will be no hazardous material\nresidue adhering to the outside of the package during transport. Does the\nrequirement of 49 CFR 173.24(b)(4) apply to shipping an empty residue\ncontaining packaging? Given that the packaging meets the requirements for an\nempty packaging, that is it still has residue internally in the package (but\nunloaded to the maximum extent possible), and given that the packaging will be\nshipped by private carrier with all labels and markings as when the packaging\nwas received full, and given that the packaging will be reconditioned, recycled or\nrefilled once it reaches its destination does the issue of external residue, not free\nliquid, adhering to the outside of the package apply to the transport of such an\nempty packaging?\nTSS respectfully submits that if the residue in the empty packaging meets\ndefinition as per 49 CFR 171.8 is it not plausible that it is the same residue as per\ndefinition adhering to the outside of the packaging and therefore providing the\nempty packaging is handled and shipped as per the requirements of 49 CFF\n173.29 then the constraints of 173.24(b)(4) should not apply?\nIt is Transportation Systems Solutions intention that this interpretation be\napplicable to shipping empty residue containing non bulk packagings only as per\nthe requirements of 49 CFR 173.29. This will facilitate a more effective and\ncompliant disposal means for generators of non bulk packagings such as a\ndrums that during the course of emptying have had some of their hazardous\nI thank you for your assistance in this matter and look forward to your response.\n\n<<<PAGE 3>>>\n\nYours Truly, /\nTSS","truncated":false,"body_characters":3562}