{"operation":"document","citation":"19-0020","title":"Zee Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-05-30","effective_on":null,"summary":"19-0020 response to Zee Company concerning 172.504, 172.505, 173.29.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0020.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0020.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0020","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/71521/190020.pdf","body":"<<<PAGE 1>>>\n\n0\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMAY 3 0 2019\nMr. Ricky Pruitt\nDistribution Manager\nZee Company\n307 Garrison Drive\nCleveland, GA 30528\nReference No. 19-0020\nDear Mr. Pruitt\nThis letter is in response to your February 18, 2019, letter and subsequent phone conversation\nrequesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180)\napplicable to empty packagings. Specifically, you state that your company is hauling truckloads\nof 55 gallon drums and intermediate bulk containers (IBCs) containing the residue of \"UN 1760,\nCorrosive liquids, n.o.s., Class 8, PGIII.\" You state these packagings are being transported in\nyour company's enclosed van trailers from one company location to another, where they would\nbe reconditioned for future use.\nWe have paraphrased and answered your questions as follows:\nQ 1. You ask whether a shipping paper is required to transport 55 gallon drums containing\nonly the residue of this material.\nAl. The answer is no. Section 173.29(c)(2) states that a non-bulk packaging containing only\nthe residue (see definition of residue in § 171.8) of a hazardous material covered by Table\n2 of§ 172.504 that is not a material poisonous-by-inhalation or its residue shipped under\nsubsidiary placarding provisions in § 172.505 is not subject to the shipping paper\nrequirements when collected and transported by a contract or private carrier for\nreconditioning, remanufacture, or reuse. If your company uses its own vehicles, you are\nconsidered a private carrier and shipping papers are not required.\nQ2. You ask whether a shipping paper is required to transport 275 and 330 gallon IBCs\ncontaining the same residue. In addition, you ask whether the vehicles transporting these\nIBCs would require placards.\nA2. The answer to both questions is yes. Section 173.29(a) states that in general, an empty\npackaging containing only the residue of a hazardous material shall be offered for\ntransportation and transported in the same manner as when it previously contained a\ngreater quantity of that hazardous material. There is an exception to placarding\n\n<<<PAGE 2>>>\n\nrequirements in§ 173.29(c)(l) which states that non-bulk packagings that contain only\nthe residue of a Table 2 material from § 172.504 that is also not a material poisonous-by-\ninhalation or its residue shipped under the subsidiary placarding provisions of§ 172.505\ndo not have to be included in determining the placarding requirements of Subpart F of\nPart 172. Because 275 and 330 gallon IBCs are bulk packagings, they are not excepted\nfrom placarding under§ 173.29. Further, the shipping paper exception provided for in\nanswer Al applies to non-bulk packagings and not bulk packagings.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\n,,--;Yr#~~\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nThe .... . ...................\nVINCIT\nGROUP'\nMr. Edward Mazzullo, Director\nOffice Of Hazardous Materials Standards\nU.S. Department Of Transportation\n400 Seventh Street SW\nWashington DC 20590-001\nFebruary 18 2019\nRE: 173.29\nDear Mr. Mazzullo:\nI Would Like To Get Clarification On The Standards Of 173.29 . If Hauling\nEmpty Poly 55 Gallon Drums Containing Only The Residue Of Hazardous Materials\nAnd Non-Hazardous Materials On Our Company Truck From One Company Location\nTo The Other In An Enclosed Van Trailer Will We Be Required To Create Bill Of\nLadings Or Not? And If We Haul IBC Container Of Size 275 Gallons And 330\nGallons In The Same Form Wil We Be Required To Placard And Create Bill Of\nLadings?\nSincerely p~oJ~\nRicky Pruitt\nDistribution Manager\nZEE COMPANY 307 GARRISON DRIVE CLEVELAND GA 30528 423-504-1946","truncated":false,"body_characters":3858}