# Baker Hughes — Hazardous Materials Safety Interpretation

- **operation:** document
- **citation:** 09-0168
- **title:** Baker Hughes — Hazardous Materials Safety Interpretation
- **source type:** guidance
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** guidance
- **official:** true
- **published on:** 2009-08-24
- **effective on:** Not available
- **summary:** 09-0168 response to Baker Hughes concerning 172.504, 173.29.
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-interpretation-09-0168.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-interpretation-09-0168.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-interpretation-09-0168
- **source url:** https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090168.pdf
**body:**

<<<PAGE 1>>>

U.S. Department
of Transportation
Pipeline and Hazardous
Materials Safety
Administration
1200 New Jersey Avenue, SE
Washington, D.C. 20590
Mr. Aubrey R. Campbell
Baker Hughes
12645 West Airport Boulevard
Sugar Land, Texas 77478
Ref. No.: 09-0 168
Dear Mr. Campbell:
This responds to your July 15, 2009 letter regarding the applicability of the Hazardous
Materials Regulations (HMR; 49 CFR Parts 171-180) to the highway shipment of non-bulk
drums containing only the residue of a hazardous material. You ask whether your shipment is
eligible for the exceptions provided in (i 173.29(c) and 4 172.504(d).
The answer is yes. Generally, packagings containing a residue of a hazardous material must
be transported in the same manner as when they previously held a greater quantity of the
material. However, in accordance with 5 173.29(c), a non-bulk packaging containing only the
residue of a hazardous material covered by Table 2 of 5 172.504 is excepted from shipping
paper and placarding requirements when collected and transported by a contract or private
carrier for reconditioning, remanufacture, or reuse. Furthermore, in accordance with
&j 172.504(d), except for hazardous materials subject to 5 172.505, a non-bulk packaging that
contains oilly the residue of a hazardous material covered by Table 2 of 9 172.504 need not be
included in determining placarding requirements. Provided your shipments meet these
requirements, then you are eligible to utilize the exceptions provided in 4 173.29(c) and
9 172.504(d).
I trust this satisfies your inquiry. Please contact us if we can be of further assistance.
Hattie L. Mitchell
Chief, Regulatory Review and Reiaventioll
Office of Hazardous Materials Standards

<<<PAGE 2>>>

Baker Petrolite fl /eke
3172 56qcd)
5 1 7 3 2 4 BAKER
r!&ail
Tkmardinq E~dq HUGHES
%&<yes1 il 12645 West Airport ~ l v d .
Sugar Land, Texas 77478
P.O. Box 5050
0 9 0 ) 8 Sugar Land. Texas 77487-5050
Tel28 1-276-5400
Fax 281-275-7385
www.bakerhughes.com
July 15,2009
Office of Hazardous Materials Standards
Pipeline and Hazardous Materials Safety Administration, (PHMSA)
Attn: PHH- 10
U.S. Department of Transportation
East Building, 1200 New Jersey Avenue, SE
Washington, DC 20590-000 1
Re: Letter of Interpretation
Dear Office of Hazardous Materials Standards:
Baker Petrolite Corporation (BPC) requests a letter of interpretation regarding the
provisions specified in Title 49 Code of Federal Regulation (CFR) Part 172.504(d) ,
Exception for empty non-bulk packages and 173.29, Empty packages.
On of our drivers was cited by a law enforcement officer for not having placards affixed
to the transport vehicle when carrying the residue of flammable liquids and corrosive
materials in 16 non-bulk 55 gallon drums (please see attached shipping paper). The
drums were loaded on a flatbed trailer and clearly visible to the officer. BPC challenged
this citation by filing a DATAQ report on FMCSA website (please see attached challenge
and response). We asked the law enforcement agency for clarity of 173.29 and
172.504(d). We do not agree with the response and request PHMSA clarify the meaning
of 173.29 and 172.504(d). As stated in our complaint, the drums were empty but not
cleaned and purged, which meant we were required to properly describe, mark, and label
the non-bulk packages according to the HMR. If these drums were full, we understand
the requirement to affix placards to the transport vehicle because the aggregate gross
weight of the 16 drum would have exceeded the 100 1 pound exception.
All of the drums contained residue only and the entire shipment weighed less that 300
pounds. We understand that empty non-bulk packages that contain the residue of a
hazardous material covered by Table 2 need not be included in determining placarding
requirements according to 172.504(d). According to the officer, we should have
placarded the shipment because of the way 173.29 reads in that residue of hazardous
materials must be offered in the same manner as when it previous contained a greater
quantity of the hazardous material.

<<<PAGE 3>>>

The officer understood this to mean that (16) 55 gallon drums (880 gallons) previously
contained an aggregate gross weight of 880 x 7 = 6160 pounds, which meant the
shipment should have had placards affixed to the transport vehicle. Please provide clear
guidance on 173.29 and 172.504(d) so we can comply with Federal, state, and local laws
accordingly.
Sincerely,
Baker Petrolite Corporation
Aubrey R! Campbell 1
Senior Transportation Specialist
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