Interpretation Response #04-0052 ([Dane County Risk Management] [Mr. Mark Finarty])

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

Interpretation Response Details

Response Publish Date: 03/24/2004

Company Name: Dane County Risk Management

Individual Name: Mr. Mark Finarty

Location State: WI Country: US

View the Interpretation Document

Response text:

Mar 24, 2004

Mr. Mark Finarty                Reference No. 04-0052
Dane County Risk Management
210 Martin Luther King Jr. Blvd.
Room 425 CCB
Madison, WI 53703

Dear Mr. Finarty:

This is in response to your letter requesting clarification of the requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of asphalt.  Specifically, you ask whether placarding and marking are required for three scenarios as presented in your letter.  You also ask whether a commercial driver’s license (CDL) requires a hazardous materials endorsement for the driver of a vehicle transporting asphalt.  Your scenarios and questions are paraphrased and answered below.

Question:    Are placards, markings, and hazardous material endorsements on CDLs required1for the following three scenarios?

Scenario #1.    A medium curing asphalt is being transported by highway “in bulk up to 1200 gallons.” The material has a flashpoint of 100 EF - 140 EF and is transported at a temperature of approximately 250 EF.

Answer:    A bulk packaging containing a Class 3 elevated temperature material must display FLAMMABLE placards on both sides and both ends (see § 172.504(a)). In addition, a bulk packaging containing an elevated temperature material must display the HOT marking on two opposing sides, as specified in § 173.325. It is not clear from your letter whether “in bulk up to 1200 gallons” refers to the amount of asphalt or the capacity of the packaging.  If the bulk packaging has a capacity of 1,000 gallons or more, it must be marked with the identification number on both sides and both ends (see § 172.302(a)(1)). If the bulk packaging has a capacity of less than 1,000 gallons, it must be marked with the identification number on two opposing sides (see § 172.3 02 (a) (2)).

With regard to whether a hazardous materials endorsement is required on a CDL for a driver transporting this material, the answer is yes.  The Federal Motor Carrier Safety Regulations (FMCSR), 49 CFR Part 383,issued by the Federal Motor Carrier Safety Administration (FMCSA), address the requirements for hazardous material endorsements on CDLs.  Section 383.93 requires a hazardous material endorsement for drivers transporting a hazardous material that is required to be placarded.  For additional information on hazardous material endorsements, please contact FMCSA Headquarters in Washington, D.C. at 202/366-1790 or FMCSA’s field office in Madison, Wisconsin at 608/829-7530.

Scenario #2.    An asphalt emulsion is being transported by highway “in bulk up to 2000 gallons.” The material has a flashpoint greater than 212 EF and is transported at a temperature of approximately 160 EF to, 200 EF.

Answer:    Under § 172.504(f)(9), for domestic transportation, a bulk packaging containing a Class 9 elevated temperature material does not require a Class 9 placard; however, the appropriate identification number for the material must be marked on both sides and both ends of the bulk packaging or on two opposing sides, depending on the capacity of the packaging (see Scenario #1).  The identification number may be displayed on a Class 9 placard, an orange panel, or a white-square-on-point configuration. In addition, for elevated temperature materials, the HOT marking must be displayed on two opposing sides of the bulk packaging, as specified in § 173.325. For information on hazardous material endorsements, see the answer to Scenario #1.

Scenario #3:   A rubber modified asphalt is being transported by highway “in bulk up to 400 gallons.” The material has a flashpoint of 424 EF and is transported at a temperature of 300 EF to 400 EF.

Answer: The answers to  Scenario #2 apply.

I hope this information is helpful.  Please contact this office if you need further assistance.

Sincerely,

Hattie L. Mitchell
Chief, Regulatory Review  and  Reinvention
Office of Hazardous Materials Standards

172.504

Regulation Sections