Interpretation Response #02-0100 ([Asplundh Railroad Division] [Gerry Blase])

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

Interpretation Response Details

Response Publish Date: 06/07/2002

Company Name: Asplundh Railroad Division

Individual Name: Gerry Blase

Location State: PA Country: US

View the Interpretation Document

Response text:

June 7, 2002

Mr. Gerry Blase                 Reference No. 02-0100

Asplundh Railroad Division

708 Blair Mill Rd.

Wilow Grove, PA 19090-1784

Dear Mr. Blase:

This is in further response to your request regarding the marking and placarding requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) for an empty cargo tank motor vehicle that you previously stated was an empty tank car.

Specifically, you ask for confirmation of your understanding that an empty cargo tank motor vehicle that no longer contains a reportable quantity (RQ) of a hazardous substance is not required to be marked or placarded.  You state that the material, transported as "Environmentally hazardous substances, liquid, n.o.s. (Diuron), 9, UN3082" was regulated when the cargo tank motor vehicle was full solely because it met the RQ of Diuron.  You also ask whether any rulemakings were issued that changed this provision and whether the RESIDUE placard requirement still applies under the HMR.

You are correct in your understanding that markings or placards may be removed from an empty cargo tank motor vehicle that no longer contains an RQ of a hazardous substance, provided the material was regulated only because it met the RQ when the cargo tank was full.  No rulemaking was issued to change this provision.  With respect to the RESIDUE placard, the requirement for its use on tank cars (rail cars) was removed from the HMR in a final rule (Docket HM-216, 61 FR 28666) published on June 5, 1996 and effective October 1, 1996.  The requirement to use the RESIDUE placard was not applicable to cargo tank motor vehicles.

I hope this information is helpful.  Please contact this office if we can be of further assistance.

Sincerely,

Hattie L. Mitchell, Chief

Regulatory Review and Reinvention

Office of Hazardous Materials Standards

173.24

Regulation Sections