Interpretation Response #11-0211 ([Western Manufacturing Corp.] [Mr. John H. Evanski])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Western Manufacturing Corp.
Individual Name: Mr. John H. Evanski
Location State: CA Country: US
View the Interpretation Document
Response text:
November 22, 2011
Mr. John H. Evanski
President
Western Manufacturing Corp.
2476 S. Railroad Ave.
Fresno, CA 93706
Reference No.: 11-0211
Dear Mr. Evanski:
This is in response to your August 26, 2011 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as they pertain to shipments of refurbished propane tanks. You state that a California enforcement agent issued your driver a warning for prohibited placarding and marking of your empty UN 1075 propane tank shipments. You ask if the HMR permits the removal of the relevant hazard communication (e.g. markings, placards, etc.) when your propane tank shipments contain only a flammable gas residue.
The requirements for empty packages in § 173.29 state that empty packages containing the residue of a hazardous material must be offered and transported in the same manner as when they previously contained a greater quantity of the hazardous material unless the packages are sufficiently cleaned of residue and purged of vapors to remove any potential hazard, or are refilled with a material that is not subject to the HMR to an extent that nullifies any hazard.
The methods and limits used for determining what qualifies as "cleaned and purged" under the HMR will vary depending on the properties of the particular hazardous material and type of packaging. In previous interpretations (03-0285 and 00-0117) this office has indicated that a propane cylinder would be considered to be sufficiently cleaned and purged when the vapors in the cylinder are no longer capable of sustaining combustion. Our previous interpretation on the meaning of cleaned and purged remains true and any such determination must be made by the shipper. In the instance you describe, if you determine that the propane tanks have been sufficiently cleaned and purged of vapors to remove any potential hazard, the required hazard communication would not need to be displayed.
I hope this satisfies your inquiry. Please contact us if we can be of further assistance.
Sincerely,
Delmer Billings
Senior Regulatory Advisor
Standards and Rulemaking Division
173.29
Regulation Sections
| Section | Subject |
|---|---|
| 173.29 | Empty packagings |