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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #98-0532 ([Delphi Energy & Engine Management Systems] [Mr. David McCullough])

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

Interpretation Response Details

Response Publish Date:

Company Name: Delphi Energy & Engine Management Systems

Individual Name: Mr. David McCullough

Location State: IN Country: US

View the Interpretation Document

Response text:

FEB 27, 1998


Mr. David McCullough
Divisional Hazardous Material Coordinator
Delphi Energy & Engine Management Systems
8750 Hague Road
Indianapolis, IN 46250

Dear Mr. McCullough:

This is in response to your letter regarding transportation of batteries and automotive components containing gasoline' residues under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your questions are paraphrased and answered as follows:

Q. What does "not subject to the requirements of this subchapter," as stated in § 173.159(e) mean?

A. This subchapter is "Subchapter C" of 49 CFR which is the Hazardous Materials Regulations Parts 171-180. The HMR. include, but are not limited to, shipping paper, marking, labeling, placarding, and training requirements. When a material is not subject to the requirements of the subchapter, a shipper or carrier is not obligated to comply with the HMR beyond specific applicable provisions. For example, under § 173.159(e), you must comply with § 173.l59(e)(1), (2), (3), and (4), but no other provisions of the HMR.

Q. What does the term "transport vehicle" include?

A. Transport vehicle means a cargo-carrying vehicle, such as an automobile, van, tractor, truck, semitrailer, tank car or rail car used for the transportation of cargo by any mode. Each cargo-carrying body (trailer, rail car, etc.) is a separate trasnport vehicle. (See § 171.8.)

B. May a material be a hazardous material even if it is not listed in the Hazardous Material Table (HMT) specifically by name?

C. Yes, a hazardous material that is not listed in the HMT specifically by name must be described by a generic name, It must be determined if the material meets any of the hazard class defining criteria in Part 173 of the HIv1R.. For example, the proper shipping name, "Flammable liquid, n.o.s.", may describe a material meeting the Class 3 (flammable liquid) definition which is not listed in the H1v1T specifically by name.

Q. Is gasoline residue regulated?

A. Yes, as provided by § 173.29, an empty packaging containing only the residue of a hazardous material is regulated in the same manner as when it previously contained a greater quantity of the hazardous material. However, § 173.29 does except a packaging that is sufficiently cleaned of residue and purged of vapors to remove any potential hazard or a packaging that is refilled with a material which is not hazardous to such an extent that any residue remaining in the packaging no longer poses a hazard from the HMR.

I hope this information is helpful. If you need further assistance, please contact us.



Delmer F. Billings
Chief, Regulations Development
Office of Hazardous Materials Standards

Regulation Sections

Section Subject
173.159 Batteries, wet