Interpretation Response #12-0266 ([Austin Power Company] [Mr. Thomas H. Snyder])

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

Interpretation Response Details

Response Publish Date: 01/16/2013

Company Name: Austin Power Company

Individual Name: Mr. Thomas H. Snyder

Location State: OH Country: US

View the Interpretation Document

Response text:

January 16, 2013

Mr. Thomas H. Snyder
DOT Field Specialist
Austin Power Company
25800 Science Park Drive
Cleveland, OH 44122

Reference No.: 12-0266

Dear Mr. Snyder:

This is in response to your November 5, 2012 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as they pertain to the highway transportation of mining vehicles containing hazardous residue in commerce. You indicate that the vehicles are equipped with sift proof cargo bins and non-specification cargo tanks containing residue quantities of either Division 1.5 Blasting Agent or Division 5.1 Oxidizer. These vehicle are not licensed for transportation in commerce and are only operated on mine property, however they occasionally require emergency repair at an off-site location. Problems with scheduling a qualified company to clean and purge the cargo bins and cargo tanks of all hazardous materials, including residue, can lead to downtime affecting daily work. You ask whether the vehicles may be transported in accordance with the HMR by highway if the non-specification cargo tanks and bins are cleaned, but still contain hazardous residue.

The answer to your question is yes, providing that the empty packaging is in accordance with § 173.29(b). A provision that may apply in this case is § 173.29(b)(2)(iii). This provision states that an empty packaging that is refilled with a material which is non-hazardous to such an extent that any residue remaining in the packaging no longer poses a hazard is not subject to the requirements of the HMR .

If compliance with § 173.29(b) is not feasible, then the hazardous material residue would be fully regulated as identified in 173.29(a) requiring specification packaging and therefore not authorized for transport. It may be possible to seek additional regulatory relief under the terms of a special permit. Special permits are granted on a case-by-case basis and the application procedures are set forth in 49 CFR 107.105. Our Approvals and Permits Division may be reached at (202) 366-4535.

I trust 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(b)

Regulation Sections