{"operation":"document","citation":"12-0266","title":"Austin Power Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-01-16","effective_on":null,"summary":"12-0266 response to Austin Power Company concerning 173.29.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0266.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0266.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0266","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120266.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMr. Thomas H. Snyder\nDOT Field Specialist\nAustin Power Company\n25800 Science Park Drive\nCleveland, OH 44122\n1200 New Jersey Avenue. SE\nWashington, D.C. 20590\nReference No.: 12-0266\nDear Mr. Snyder:\nThis is in response to your November 5, 2012letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) as they pertain to the highway\ntransportation of mining vehicles containing hazardous residue in commerce. You indicate\nthat the vehicles are equipped with sift proof cargo bins and non-specification cargo tanks\ncontaining residue quantities of either Division 1.5 Blasting Agent or Division 5.1 Oxidizer.\nThese vehicle are not licensed for transportation in commerce and are only operated on mine\nproperty, however they occasionally require emergency repair at an off-site location.\nProblems with scheduling a qualified company to clean and purge the cargo bins and cargo\ntanks of all hazardous materials, including residue, can lead to downtime affecting daily\nwork. You ask whether the vehicles may be transported in accordance with the HMR by\nhighway if the non-specification cargo tanks and bins are cleaned, but still contain\nhazardous residue.\nThe answer to your question is yes, providing that the empty packaging is in accordance\nwith § 173.29(b ). A provision that may apply in this case is § 173.29(b )(2)(iii). This\nprovision states that an empty packaging that is refilled with a material which is non-\nhazardous to such an extent that any residue remaining in the packaging no longer poses a\nhazard is not subject to the requirements ofthe HMR.\nIf compliance with § 173.29(b) is not feasible, then the hazardous material residue would be\nfully regulated as identified in 173.29(a) requiring specification packaging and therefore not\nauthorized for transport. It may be possible to seek additional regulatory relief under the\nterms of a special permit. Special permits are granted on a case-by-case basis and the\napplication procedures are set forth in 49 CFR 107.105. Our Approvals and Permits\nDivision may be reached at (202) 366-4535.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nV2y:m~ ·\nDelmer Billings ~\nSenior Regulatory Advisor\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nNovember 5, 2012\n·w,ener\n9173./tJO\nf:__Xp I ~5 ivej IJ&h \"!!:}\n12 .. O;Ltp&\nStandards and Rulemaking Division\nPipeline and Hazardous Materials Safety Administration\nAttn: PHH-10\nU.S. Department of Transportation\nEast Building\n1200 New Jersey Ave., SE\nWashington, DC 20590-0001\nI am respectfully requesting a clarification from the agency concerning the occasional\ntransportation on public highways of mine-operated, straight bulk trucks (Mine Trucks)\nequipped with sift-proof cargo bins and non-specification cargo tanks containing residue\nquantities of either Division 1.5 Blasting Agent or Division 5.1 Oxidizer (Bulk Materials)\nfor the specific purpose of emergency repair or special maintenance. These Mine Trucks\nwould be transported on a trailer or towed by a qualified, hired motor carrier.\nThese Mine Trucks are neither registered motor vehicles nor are they licensed for\ntransportation in commerce, as they are only operated on mine property. The non-\nspecification caTgo tanks of the Mine Trucks are not required to undergo V-I-P-K\ninspection, testing and certification, as they are never used in transportation in commerce.\nThese Mine Trucks occasionally require emergency repair due to the nature of their work\nenvironment on mine sites. Generally, these non-specification cargo tanks and cargo bins\nwould be cleaned or purged of all Bulk Materials, including residue, by a qualified, third-\nparty environmental service before arranging the services by a qualified, hired motor\ncarrier for transportation on public highways. One of the problems we face is scheduling\nthe timely services of a qualified environmental company. This causes significant\ndowntime of om Mine Trucks, which are needed to perform daily work.\nI am requesting clarification to determine the feasibility of transporting or towing these\nMine Trucks on public highways by a qualified, hired motor carrier where the non-\nspecification cargo tanks and bins would be cleaned, as much as practicable, but would\ncontain residue quantities of Bulk Materials. Since residue would be contained in the\nnon-specification cargo tanks and bins, the Mine Trucks would display both the\nappropriate type and number of hazardous material placards and markings required for\ntransportation. The qualified, hired motor carrier's driver, transporting the Mine Trucks,\nwould possess a current and valid CDL/ HME, and we would provide shipping paper\nwith shipper's certification and appropriate emergency instructions. Upon completion of\nthe repair, the Mine Truck would be transported in a like manner back to the mine.\nYour clarification assistance is appreciated.\n1\n\n<<<PAGE 3>>>\n\nSincerely,\nThomas H. Snyder\nDOT Field Specialist\nAustin Powder Company\n25800 Science Park Drive\nCleveland, OH 44122\ntom.snyder@austinpowder.com\nCell phone 216-212-6154\n2","truncated":false,"body_characters":5201}