[Code of Federal Regulations]

[Title 49, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR173.29]



[Page 449-450]

 

                        TITLE 49--TRANSPORTATION

 

   CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, 

                      DEPARTMENT OF TRANSPORTATION

 

PART 173_SHIPPERS_GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS

--Table of Contents

 

     Subpart B_Preparation of Hazardous Materials for Transportation

 

Sec. 173.29  Empty packagings.



    (a) General. Except as otherwise provided in this section, an empty 

packaging containing only the residue of a hazardous material shall be 

offered for transportation and transported in the same manner as when it 

previously contained a greater quantity of that hazardous material.

    (b) Notwithstanding the requirements of paragraph (a) of this 

section, an empty packaging is not subject to any other requirements of 

this subchapter if it conforms to the following provisions:

    (1) Any hazardous material shipping name and identification number 

markings, any hazard warning labels or placards, and any other markings 

indicating that the material is hazardous (e.g., RQ, INHALATION HAZARD) 

are removed, obliterated, or securely covered in transportation. This 

provision does not apply to transportation in a transport vehicle or a 

freight container if the packaging is not visible in transportation and 

the packaging is loaded by the shipper and unloaded by the shipper or 

consignee;

    (2) The packaging--

    (i) Is unused;

    (ii) Is sufficiently cleaned of residue and purged of vapors to 

remove any potential hazard;

    (iii) 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; or

    (iv) Contains only the residue of--

    (A) An ORM-D material; or

    (B) A Division 2.2 non-flammable gas, other than ammonia, anhydrous, 

and with no subsidiary hazard, at an absolute pressure less than 280 kPa 

(40.6 psia); at 20 [deg]C (68 [deg]F); and

    (3) Any material contained in the packaging does not meet the 

definitions in Sec. 171.8 of this subchapter for a hazardous substance, 

a hazardous waste, or a marine pollutant.

    (c) A non-bulk packaging containing only the residue of a hazardous 

material covered by Table 2 of Sec. 172.504 of this subchapter that is 

not a material poisonous by inhalation or its residue shipped under the 

subsidiary placarding provisions of Sec. 172.505--

    (1) Does not have to be included in determining the applicability of 

the placarding requirements of subpart F of part 172 of this subchapter; 

and

    (2) Is not subject to the shipping paper requirements of this 

subchapter when collected and transported by a contract or private 

carrier for reconditioning, remanufacture or reuse.

    (d) Notwithstanding the stowage requirements in Column 10a of the 

Sec. 172.101 table for transportation by vessel, an empty drum or 

cylinder may be stowed on deck or under deck.

    (e) Specific provisions for describing an empty packaging on a 

shipping paper appear in Sec. 172.203(e) of this subchapter.

    (f) [Reserved]

    (g) A package which contains a residue of an elevated temperature 

material may remain marked in the same manner as when it contained a 

greater quantity of the material even though it no longer meets the 

definition in Sec. 171.8 of this subchapter for an elevated temperature 

material.

    (h) A package that contains a residue of a hazardous substance, 

Class 9, listed in the Sec. 172.101 Table, Appendix A, Table I, that 

does not meet the definition of another hazard class and is not a 

hazardous waste or marine pollutant, may remain marked, labeled and, if 

applicable, placarded in the same manner



[[Page 450]]



as when it contained a greater quantity of the material even though it 

no longer meets the definition in Sec. 171.8 of this subchapter for a 

hazardous substance.



[Amdt. 173-224, 55 FR 52614, Dec. 21, 1990, as amended by Amdt. 173-227, 

56 FR 49989, Oct. 2, 1991; Amdt. 173-231, 57 FR 52939, Nov. 5, 1992; 

Amdt. 173-251, 61 FR 28676, June 5, 1996; Amdt. 173-260, 62 FR 1236, 

Jan. 8, 1997; 64 FR 10776, Mar. 5, 1999; 68 FR 48569, Aug. 14, 2003; 69 

FR 64473, Nov. 4, 2004]