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Interpretation Response #04-0260 ([J & R Brokerage, Inc.] [Mr. John F. Martin])

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

Interpretation Response Details

Response Publish Date:

Company Name: J & R Brokerage, Inc.

Individual Name: Mr. John F. Martin

Location State: IL Country: US

View the Interpretation Document

Response text:

Jan 31, 2005


Mr. John F. Martin                 Reference No. 04-0260
General Manager
J & R Brokerage, Inc.
2641 Greenleaf Avenue
Elk Grove Village, IL 60007

Dear Mr. Martin:

This responds to your November 4, 2004 letters asking several questions related to the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1-180). Your questions are paraphrased and answered as follows:

Q1.      What is the meaning of the phrase “not adjacent to” as used in the segregation and separation requirements specified in § 177.848(e)(3)?

Al.        The requirement for non-adjacent loading is considered satisfied if the packages are separated in such a manner (for example, by using barriers, packages of non- hazardous materials, or intervening space) that their contents would not commingle in the event of leakage.

Q2.      Does a driver require a hazardous materials endorsement on his license for a load consisting of 25 pounds of a Table 2 material?

A2.      The requirements for a Commercial Drivers License (CDL) or a hazardous materials endorsement on a CDL are found in 49 CFR Parts 383 and 391. They fall under the jurisdiction of the Federal Motor Carrier Safety Administration (FMCSA; For information on hazardous materials endorsements please contact the Hazardous Materials Division of the FMCSA at
(202) 366-6121.

Q3.      If a carrier temporarily stores a load of hazardous materials on his property is the shipment in “transportation” and subject to the HMR?

A3.      For the purposes of the HMR, the term “transportation” refers to the movement of property and the loading, unloading, or storage incidental to that movement. “Storage incidental to movement” means storage that takes place between the time a hazardous material is offered for transportation to a carrier and the time it reaches it destination. Thus, a hazardous material stored temporarily on a carrier’s property is subject to all applicable HMR requirements.

Q4.      Section 172.500(b)(6) indicates that the subpart does not apply to combustible liquids in non-bulk packagings. Does this provide relief only from the placarding
A4.      Yes. Note that § 173.150(0(2) excepts a combustible liquid from all requirements of the HIMR (referred to as “the subchapter”) when it is in a non-bulk package and does not meet the definition of a hazardous substance, hazardous waste, or marine pollutant. A combustible liquid in a bulk package or a combustible liquid that is a hazardous substance, hazardous waste, or marine pollutant may follow the exception provided in § 173.150(0(3).

Q5.      Are limited quantities and ORM-D shipments listed in § 172.500(b) excepted from placarding requirements?

A5.      Yes. The provisions of § 172.500(b) except limited quantities and ORM-D materials from placarding requirements. However, the HIVIR also provide additional exceptions for limited quantity and ORM-D materials. Section references to those exceptions are provided in Column 8A of the Hazardous Materials Table (IFIMT; § 172.101), as applicable.

Q6.      Is a bulk packaging containing only the residue of a hazardous material subject to placarding requirements?

A6.      In accordance with § 173.29(a), a packaging containing only the residue of a hazardous material must be offered for transportation and transported in the same manner as when it previously contained a greater quantity of that hazardous material. Generally, bulk packagings containing the residue of a hazardous material will require placarding.

I hope this information is helpful. Please contact us if you require additional assistance.



John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards

172.504,   171.1
172.500,   177.848

Regulation Sections

Section Subject
171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions
172.500 Applicability of placarding requirements
172.504 General placarding requirements
177.848 Segregation of hazardous materials