Interpretation Response #22-0115

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

Interpretation Response Details

Response Publish Date: 03/28/2023

Company Name: Service Transport Group, Inc.

Individual Name: Thomas Gaudet

Location State: DE Country: US

View the Interpretation Document

Response text:

March 28, 2023

Thomas Gaudet
President
Service Transport Group, Inc.
58 Pyles Lane
New Castle, DE  19720

Reference No. 22-0115

Dear Mr. Gaudet:

This letter is in response to your October 26, 2022, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the requirements for the transportation of regulated asbestos containing material (RACM).

We have paraphrased and answered your question as follows:

Q1. You ask whether a common carrier (as opposed to a for-hire contract carrier) is authorized to transport RACM classified as "NA2212, Asbestos, 9, PG III, RQ".

A1. The answer is yes. However, please note that bags and other non-rigid packagings for asbestos are only authorized when transported in motor vehicles that are loaded by—and for the exclusive use of—the consignor and unloaded by the consignee. See § 173.216(c)(2).

For your awareness, in accordance with § 172.102(c)(1) Special Provision 156, asbestos that is immersed or fixed in a natural or artificial binder material—such as cement, plastic, asphalt, resins, or mineral ore, or contained in manufactured products—is not subject to the requirements of the HMR.

You ask eight (8) additional questions related to the brokerage and carriage of RACM. These questions are beyond the scope of the HMR, and this Office cannot provide any information related to these questions.

The Federal Motor Carrier Safety Administration (FMCSA) is the lead federal government agency responsible for regulating and providing safety oversight of commercial motor vehicles. You may wish to contact the FMCSA should you require clarification on requirements for contractual relationships between freight carriers and brokers, and requirements applicable to specific kinds of highway motor carriers.

Further, the Environmental Protection Agency (EPA) prescribes requirements for RACM subject to the Clean Air Act, the National Emissions Standards for Hazardous Air Pollutants, and the Toxic Substances Control Act. You may wish to contact your local EPA regional office for clarification on the “chain of custody” requirements applicable to the brokerage of RACM.

I hope this information is helpful. Please contact us if we can be of further assistance.

Sincerely,

Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division

Regulation Sections