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Interpretation Response #06-0077 ([Scopelitis, Garvin, Light & Hanson] [Mr. Timothy W. Wiseman])

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

Interpretation Response Details

Response Publish Date:

Company Name: Scopelitis, Garvin, Light & Hanson

Individual Name: Mr. Timothy W. Wiseman

Location State: IN Country: US

View the Interpretation Document

Response text:

May 15, 2006


Mr. Timothy W. Wiseman                 Reference No. 06-0077

Managing Partner

Scopelitis, Garvin, Light & Hanson

110 W. Market Street

Suite 1500

Indianapolis, IN 46204

Mr. Wiseman:

This is in response to your letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if § 172.303(b) allows for the transportation of totes marked with "ORM-D" if they contain no hazardous material.

The intent of § 172.303 is to prohibit, with certain exceptions, the offering of a package that is marked to indicate the presence of a hazardous material when a hazardous material is not actually present in the package. Section 172.303 is consistent with the empty packaging requirements provided in § 173.29(b).

More applicable to the scenario you describe are 49 U.S.C. § 5104(a)(2) and § 171.2(k) of the HMR, which provide that no person may mark a package or otherwise represent that a hazardous material is present in a package unless the hazardous material is actually present. Therefore, under § 171.2(k), any marking (e.g., ORM-D) or other hazard communication indicating the presence of a hazardous material when a hazardous material is not actually present must be removed, obliterated, or securely covered in transportation.

I hope this information is helpful. Please contact us if you require additional assistance.



John A. Gale

Chief, Standards Development

Office of Hazardous Materials Standards

172.303, 171.2 (k), 5104(a)(2)

Regulation Sections

Section Subject
171.2 General requirements