{"operation":"document","citation":"99-0165","title":"Toyota Motor Manufacturing, Kentucky, Inc — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1999-09-08","effective_on":null,"summary":"99-0165 response to Toyota Motor Manufacturing, Kentucky, Inc concerning 173.29.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0165.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0165.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0165","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1999/990165.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWashington, D.C.\nResearch and\nSpecial Programs\nAdministration\nSEP - 8 1999\nMs. Delinda Arnold\nRef. No. 99-0165\nManager, PCC/Raw Materials\nToyota Motor Manufacturing, Kentucky, Inc.\nP.O. Box 2700\nGeorgetown, KY 40324-5700\nDear Ms. Arnold:\nThis is in response to your letter dated June 14, 1999, regarding the removal of hazard warning\nlabels on empty packagings as described in § 173.29 of. the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180). In your letter you stated that you use two different loading\ntrucks, a side loading and a rear loading truck. The side loading truck is only opened by the\nconsignor or consignee, while the rear loading truck may be opened by several consignecs.\npackagings on these trucks.\nSpecifically, you ask if the warning labels need to be removed prior to returning empty\nEmpty packagings shipped under the provisions of § 173.29(b) are not subject to the HMR\nprovided any hazardous material shipping name and identification number markings, any hazard\nwarning labels or placards, and any other markings indicating that the material is hazardous (e.g.,\nRQ, INHALATION HAZARD) are removed, obliterated, or securely covered in transportation.\nHowever, markings and labels may remain on packagings when transported in a transport vehicle\nor a freight container in which the packagings are not visible during transportation and the\npackagings are loaded by the shipper and unloaded by the shipper or consignee (§ 173.29(b)(I)).\nTherefore, in your scenario the labels and markings may remain if the packagings in the side\nloading truck are not visible in transportation and are loaded by the shipper and unloaded by the\nshipper or consignee. However, packagings transported in the rear loading truck must have the\nmarkings and labels removed, obliterated or securely covered if the packagings will be visible to\npersons other than the shipper or consignee while the packagings are in transportation.\nI hope this satisfies your request.\nSincerely,\nTransportation Regulations Specialist\nOffice of Hazardous Materials Standards\n990165\n113.29\n\n<<<PAGE 2>>>\n\nTOYOTA\nTOYOTA MOTOR MANUFACTURING, KENTUCKY, ING.\nJune 14, 1999\n1001 Cherry Blossom Way\nGeorgetown, KY 40324-5700\nPO. Box 2700\n(502) 868-2000\nChief, Standards Branch\nMr. Edward Mazzullo\nBAH\nU.S. Department of Transportation\nResearch and Special Programs Administration\n$173.29\nWashington, DC 20590-0001\n400 Seventh Street, SW\n99-0165\nDear Mr. Mazzullo:\nRef: 49CFR 173.29(b)(1)\nfrom various suppliers. The empty containers for these hazardous parts are then returned to the suppliers.\nCurrently, Toyota Motor Manufacturing Kentucky (TMMK) receives several hazardous material automotive parts\nTMMK's logistic routes are designed to pick up and/or return parts or empty containers to our suppliers. The\ntruck routes may have one to ten suppliers per route.\n(Unload empties/pick up full per supplier)\nTANK → SUPPLIER 1 -\n, SUPPLIER 3 +\n→ SUPPLIER 2\nPer. 49CFR 173.29(b)(1), Hazard warning labels or placards are removed, obliterated or securely covered\ntransportation and packaging is loaded by the shipper and unloaded by the shipper or consignee.\nunless being transported in a transport vehicle or a freight container as long as the packaging is not visible in\nTMMK is requesting a written interpretation of 49CFR 173.29(b)(1) as it pertains to our business situátions:\n1: TMMK uses side loading trucks. If the empty containers are loaded on this type of truck, the consignee\nwoul be at toad henly fontainer at the fairy ever there or alien to real,\ncontainers to be officaded.\n2: TMMK also uses rear loading trucks. These trucks also travel the multi-supplier routes. There is a\nprobability that other suppliers' empty containers would have to removed to get to the empty containers to be\nunloaded.\nDo we need to remove the hazard warning labels prior to returning the empty containers based on the two\nscenarios above and based on the translation of 49CFR 173.29(b) (1)?\n2741.\nPlease advise in the form of a written interpretation. If you have any questions, I can be reached at (502) 868-\nSincerely,\nDelice Arnold\nDelinda Arnold, Mgr. PCC/Raw Materials\ncc: Steve Hunt, ShipMate, Inc.\nRosemary Taylor, PCC/Log","truncated":false,"body_characters":4250}