Interpretation Response #04-0251 ([Marsulex] [Mr. Sam Reeder])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 11/29/2004

Company Name: Marsulex

Individual Name: Mr. Sam Reeder

Location State: OH Country: US

View the Interpretation Document

Response text:

Nov 29, 2004

Mr. Sam Reeder                 Reference No. 04-0251
Quality Consultant
Marsulex
5755 Park Center Court
Toledo, OH 43615-1479

Dear Mr. Reeder:

This responds to your October 25, 2004, letter requesting further clarification of shipping paper requirements applicable to bulk shipments of a residue of hazardous material under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask for further clarification of shipper’s responsibilities, including shipping paper retention, regarding a bulk shipment of residue.

Your letter presents two scenarios for shipment of bulk containers that contain a residue of a hazardous material back to the original shipper. In the first scenario, you receive a bulk shipment, unload the bulk container, and ship the container back to the original shipper. In the second scenario, you receive a bulk shipment in a cargo tank motor vehicle (CTMV); the driver of the CTMV unloads the cargo tank and then returns to the original shipper with a residue remaining in the cargo tank.

In your first scenario, you are the person offering the residue shipment for transportation to the original hipper and, thus, are responsible for compliance with applicable HMR requirement for the shipment. You must retain a copy of the shipping paper you prepare to accompany the residue shipment.

In the second scenario, you are not the person offering the residue shipment for transportation to the original shipper; thus, you need not retain a copy of the shipping paper. In this case, the carrier may use the original shipping paper for the return trip to the original shipper. The original shipper and the carrier must retain copies of the shipping paper.

I hope this further answers your inquiry.

Sincerely,

John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards

173.29(b)

Regulation Sections