Interpretation Response #06-0072 ([HB Fuller Company] [Mr. Eugene J. Secor])

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

Interpretation Response Details

Response Publish Date: 06/30/2006

Company Name: HB Fuller Company

Individual Name: Mr. Eugene J. Secor

Location State: MI Country: US

View the Interpretation Document

Response text:

Jun 30, 2006

Mr. Eugene J. Secor                 Reference No. 06-0072

HB Fuller Company

2710 Bellingham Drive, Suite 100

Troy, Michigan 48083

Dear Mr. Secor:

This is in response to your letter requesting clarification of the limited quantity exceptions under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask us to confirm your understanding that a shipment of limited quantity hazardous materials is excepted from the labeling requirements, and from the placarding requirements when the shipment exceeds 1,001 pounds. You ask whether you would be in violation of the HMR if you placarded such a shipment. You also ask whether the driver of such a shipment or other shipments not subject to the placarding requirements requires a hazmat endorsement on the commercial drivers license (CDL).

With respect to the labeling and placarding requirements, your understanding of the HMR is correct. Under § 172.500(b)(3), shipments of limited quantities of hazardous materials are not required to be labeled or placarded. The exception from placarding includes a shipment of limited quantities that exceeds 1,001 pounds aggregate gross weight. In addition, packagings containing limited quantities are not included when determining the aggregate gross weight of other hazardous materials (see Placarding Table 2 in § 172.504). In response to your question asking whether it would be a violation of the HMR to placard such a shipment, the answer is no. Section 172.502(c) states that placards may be displayed for a shipment that does not require placarding provided the placarding conforms to the requirements in Subpart F of Part 172.

Questions regarding current requirements for hazmat endorsements on CDLs should be directed to the Federal Motor Carrier Safety Administration (FMSCA), Office of Motor Carrier Safety, 400 7th St., S.W., Washington, D.C. 20590, or telephone 202/366-6121. FMCSA issues the regulations that require a driver who transports hazardous material shipments to obtain a hazmat endorsement on a CDL. However, the requirement for a hazmat endorsement applies only to shipments for which a placard is required under the HMR.

I hope this information is helpful. Please contact this office should you have additional questions.

Sincerely,

Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

172.500 (b)(3)

Regulation Sections