Toyota Motor Manufacturing, Kentucky, Inc — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, D.C. Research and Special Programs Administration SEP - 8 1999 Ms. Delinda Arnold Ref. No. 99-0165 Manager, PCC/Raw Materials Toyota Motor Manufacturing, Kentucky, Inc. P.O. Box 2700 Georgetown, KY 40324-5700 Dear Ms. Arnold: This is in response to your letter dated June 14, 1999, regarding the removal of hazard warning labels on empty packagings as described in § 173.29 of. the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In your letter you stated that you use two different loading trucks, a side loading and a rear loading truck. The side loading truck is only opened by the consignor or consignee, while the rear loading truck may be opened by several consignecs. packagings on these trucks. Specifically, you ask if the warning labels need to be removed prior to returning empty Empty packagings shipped under the provisions of § 173.29(b) are not subject to the HMR provided any hazardous material shipping name and identification number markings, any hazard warning labels or placards, and any other markings indicating that the material is hazardous (e.g., RQ, INHALATION HAZARD) are removed, obliterated, or securely covered in transportation. However, markings and labels may remain on packagings when transported in a transport vehicle or a freight container in which the packagings are not visible during transportation and the packagings are loaded by the shipper and unloaded by the shipper or consignee (§ 173.29(b)(I)). Therefore, in your scenario the labels and markings may remain if the packagings in the side loading truck are not visible in transportation and are loaded by the shipper and unloaded by the shipper or consignee. However, packagings transported in the rear loading truck must have the markings and labels removed, obliterated or securely covered if the packagings will be visible to persons other than the shipper or consignee while the packagings are in transportation. I hope this satisfies your request. Sincerely, Transportation Regulations Specialist Office of Hazardous Materials Standards 990165 113.29#

Page 2TOYOTA TOYOTA MOTOR MANUFACTURING, KENTUCKY, ING. June 14, 1999 1001 Cherry Blossom Way Georgetown, KY 40324-5700 PO. Box 2700 (502) 868-2000 Chief, Standards Branch Mr. Edward Mazzullo BAH U.S. Department of Transportation Research and Special Programs Administration $173.29 Washington, DC 20590-0001 400 Seventh Street, SW 99-0165 Dear Mr. Mazzullo: Ref: 49CFR 173.29(b)(1) from various suppliers. The empty containers for these hazardous parts are then returned to the suppliers. Currently, Toyota Motor Manufacturing Kentucky (TMMK) receives several hazardous material automotive parts TMMK's logistic routes are designed to pick up and/or return parts or empty containers to our suppliers. The truck routes may have one to ten suppliers per route. (Unload empties/pick up full per supplier) TANK → SUPPLIER 1 - , SUPPLIER 3 + → SUPPLIER 2 Per. 49CFR 173.29(b)(1), Hazard warning labels or placards are removed, obliterated or securely covered transportation and packaging is loaded by the shipper and unloaded by the shipper or consignee. unless being transported in a transport vehicle or a freight container as long as the packaging is not visible in TMMK is requesting a written interpretation of 49CFR 173.29(b)(1) as it pertains to our business situátions: 1: TMMK uses side loading trucks. If the empty containers are loaded on this type of truck, the consignee woul be at toad henly fontainer at the fairy ever there or alien to real, containers to be officaded. 2: TMMK also uses rear loading trucks. These trucks also travel the multi-supplier routes. There is a probability that other suppliers' empty containers would have to removed to get to the empty containers to be unloaded. Do we need to remove the hazard warning labels prior to returning the empty containers based on the two scenarios above and based on the translation of 49CFR 173.29(b) (1)? 2741. Please advise in the form of a written interpretation. If you have any questions, I can be reached at (502) 868- Sincerely, Delice Arnold Delinda Arnold, Mgr. PCC/Raw Materials cc: Steve Hunt, ShipMate, Inc. Rosemary Taylor, PCC/Log#