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.
Sincerely,
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 |