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Interpretation Response #02-0076 ([Mr. Leo Malatesta] [DeAngeloBrothers Incorporated])

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

Interpretation Response Details

Response Publish Date:

Company Name: Mr. Leo Malatesta

Individual Name: DeAngeloBrothers Incorporated

Location State: PA Country: US

View the Interpretation Document

Response text:

Mar 6, 2003

Mr. Leo Malatesta                 Reference No. 02-0076
DeAngelo Brothers Incorporated
100 N. Conahan Drive
Hazelton, PA 18201

Dear Mr. Malatesta:

This responds to your letter regarding the Materials of Trade (MOTS) and the Class 9 placarding exceptions for Class 9 materials shipped under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  We apologize for the delay in responding and hope it has not caused any inconvenience.

You stated that your company is a private carrier of Class 9 materials for domestic end-use transportation only, which-may include bulk packagings.  The material is described as "Other regulated substances, liquid, n.o.s., 9, NA 3082, III," and may be shipped in a reportable quantity (RQ).  You asked using either the MOTS or placarding exceptions for Class 9 materials, can a Class 9 material be transported without displaying the CLASS 9 placards?

The answer is yes.  By definition, MOTS include a hazardous material that is transported by a private carrier in direct support of its principal business which may not be transportation by motor vehicle. A Class 9 material of not more than 1500 L (400 gallons) for a diluted mixture, not to exceed 2% concentration, may be shipped under the MOTS exception.  A bulk packaging containing a diluted mixture of a Class 9 material must be marked on two opposing sides with the identification number of the material.  The identification number may be displayed on placards, orange panels, or on a white square-on-point configuration.  A hazardous material (e.g., Class 9) shipped under the MOTS exception is not subject to any other requirements, including placarding, when transported by motor vehicle if all the conditions of § 173.6 are met.

For domestic transportation, A CLASS 9 placard is not required on a transport vehicle containing a Class 9 material.  However, a bulk packaging containing a Class 9 material must be marked with the appropriate identification number displayed either on a CLASS 9 placard, an orange panel or a white square-on-point display configuration.  For a Class 9 material shipped in a quantity which equals or exceeds a RQ of a hazardous substance, the shipping paper and a non-bulk packaging must contain the letters "RQ". (See §§ 172.203(c), § 172.324,172.332 and 172.504(f)(9)).

I hope this information is helpful.  If we can be of further assistance, please contact us.


Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
173.6 Materials of trade exceptions