Interpretation Response #99-0165 ([Toyota Motor Manufacturing, Kentucky, Inc] [Ms. Delinda. Arnold])

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

Interpretation Response Details

Response Publish Date: 09/08/1999

Company Name: Toyota Motor Manufacturing, Kentucky, Inc

Individual Name: Ms. Delinda. Arnold

Location State: KY Country: US

View the Interpretation Document

Response text:

September 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. Amold:

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 consignees.  Specifically, you ask if the warning labels need to be removed prior to returning empty packagings on these trucks.

Empty packagings shipped under the provisions of § 173.29 (b) are not subject to the BMR 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) (1). 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,

John A. Gale
Transportation Regulations Specialist
Office of Hazardous Materials Standards

173.29

Regulation Sections