Interpretation Response #26-0016
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: C & C Transportation
Individual Name: Anastasia Henning
Location State: CA Country: US
View the Interpretation Document
Response text:
June 15, 2026
Ms. Anastasia Henning
C & C Transportation
15220 Lakewood Blvd.
Bellflower, CA 90706-4240
Reference No. 26-0016
Dear Ms. Henning:
This is in response to your December 15, 2025 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of asphalt at elevated temperatures. You state that your company transports bulk asphalt in non‑specification cargo tanks with a capacity of roughly 5,000 gallons. We have paraphrased and answered your questions as follows:
Q1. You ask if asphalt transported at temperatures ranging between 290 °F and 325 °F meets the definition of an "elevated temperature material" as defined in § 171.8?
A1. Yes. As defined in § 171.8 an elevated temperature material means a material which, when offered for transportation or transported in a bulk packaging: (1) is in a liquid phase and at a temperature at or above 100 °C (212 °F); (2) is in a liquid phase with a flash point at or above 38 °C (100 °F) that is intentionally heated and offered for transportation or transported at or above its flash point; or (3) is in a solid phase and at a temperature at or above 240 °C (464 °F). Based on the information provided in your letter, the asphalt is transported in a liquid phase at temperatures above 100 °C (212 °F).
Q2. You ask whether your material may be described as "UN3257, Elevated temperature liquid, n.o.s., 9," and whether the placarding exceptions provided in § 172.504(f)(9) apply to the domestic transportation of elevated temperature liquids?
A2. Yes. Provided the material does not meet the definition of any other hazard class (such as Class 3 Flammable Liquid), the material must be classed as a Class 9 material and described as "UN3257, Elevated temperature liquid, n.o.s., 9, III." Section 172.504(f)(9) states that placards are not required on a domestic shipment of a Class 9 material. Please note that even if placards are not required, an elevated temperature material must be marked on two opposing sides with the word "HOT" in accordance with § 172.325, and bulk packagings containing Class 9 material must be marked on each side and each end (or two opposing sides) with the appropriate identification number marking. See §§ 172.332(a) and 172.504(f)(9).
Q3. You ask whether drivers transporting Class 9 materials, such as UN3257, are required to hold a commercial driver’s license (CDL) with a hazardous materials endorsement under the Federal Motor Carrier Safety Regulations (FMCSRs)?
A3. The endorsement requirements for a CDL (see 49 CFR Part 383.91(a)(3)) are under the purview of the Federal Motor Carrier Safety Administration (FMCSA). FMCSA is the lead federal government agency responsible for regulating and providing safety oversight of commercial motor vehicles. You may wish to contact FMCSA should you require clarification of any requirements relevant to CDLs.
Q4. Are there specific quantity thresholds or packaging configurations that affect the FMCSA hazardous materials CDL endorsement determination for elevated temperature materials classified as Class 9?
A4. See A3.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Alexander Wolcott
Acting Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
172.325 172.332(a) 172.504(f)(9)