Interpretation Response #14-0051 ([Shane Havoc Consulting, LLC] [Mr. Gregory Sutherland Ph.D.])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Shane Havoc Consulting, LLC
Individual Name: Mr. Gregory Sutherland Ph.D.
Location State: SC Country: US
View the Interpretation Document
Response text:
May 8, 2014
Mr. Gregory Sutherland Ph.D.
Shane Havoc Consulting, LLC
1905 English Ivy Ct.
Mount Pleasant, SC 29464
Ref. No.: 14-0051
Dear Mr. Sutherland:
This is in response to your March 17, 2014 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to empty packagings. Specifically you ask if a packaging that contains only the residue of a limited quantity of a Class 8 PG III material is subject to the HMR.
Currently, the exceptions in § 173.29(b) only specifically address the residue of an ORM-D that does not meet the definitions in §171.8 for a hazardous substance, a hazardous waste, or a marine pollutant. However, PHMSA published a final rule in the Federal Register on January 19, 2011 (76 FR 3308) that amended the HMR to phase out the ORM-D class. Consequently we amended various sections throughout the HMR to replace references to ORM-D with references to limited quantities (e.g. exceptions from incident reporting and materials of trade exceptions). However, due to an editorial error we did not amend the provisions for empty packagings in § 173.29 to reflect the eventual phase out of ORM-D. We plan to address this issue in a future rulemaking action.
I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.
Sincerely,
Shane C. Kelley
Acting International Standards Coordinator
Standards and Rulemaking Division
173.29
Regulation Sections
| Section | Subject |
|---|---|
| 173.29 | Empty packagings |