Interpretation Response #02-0220 ([Vaught Aircraft] [David Norton])

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

Interpretation Response Details

Response Publish Date: 09/20/2002

Company Name: Vaught Aircraft

Individual Name: David Norton

Location State: TX Country: US

View the Interpretation Document

Response text:

Sep 20, 2002

Mr. David Norton                 Reference No. 02-0220
Vaught Aircraft
P.O. Box 655907
Dallas, TX 75165-59074
Dear Mr. Norton:

This is in response to your letter requesting clarification of whether your company is responsible for ensuring that drums containing nitric acid residue are properly classed, described, packaged, marked and labeled when being returned to the supplier for reuse in accordance with § 173.29(c) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).

You stated that your company purchase nitric acid in UNlAl metal drums from a local supplier.  Upon emptying the contents of the drums by pouring only (not cleaning and purging), the drums are arranged for pick-up by the same supplier.  Your company's employees load the empty drums onto the supplier's truck for return and reuse.

Under the HMR, a person who offers a hazardous material (e.g., nitric acid), including a "residue," for transportation is responsible for performing the functions of an offeror.  These functions include the responsibility for properly classifying, describing, packaging, marking, labeling and preparing shipping papers for the return of the drums to the supplier's facilities.

Generally, empty packagings containing a residue of a hazardous. material must be transported in the same manner as when they previously held a greater quantity of the material.  However, in accordance with § 173.29(c), a non-bulk packaging containing only the residue of a hazardous material covered by table 2 of § 172.504 when collected and transported by a contract or private carrier for reconditioning, remanufacture or reuse is excepted from the shipping paper and placarding requirements.

I trust this satisfies your inquiry.  Please contact us if we can be of further assistance.

Sincerely,

Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards

173.29(c)

Regulation Sections