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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #08-0038 ([Materials Handling Group, Inc.] [Mr. Jeffrey M. Welsh])

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

Interpretation Response Details

Response Publish Date:

Company Name: Materials Handling Group, Inc.

Individual Name: Mr. Jeffrey M. Welsh

Location State: NC Country: US

View the Interpretation Document

Response text:

April 16, 2008




Mr. Jeffrey M. Welsh.

Materials Handling Group, Inc.

5200 Martin Luther King Jr. Highway

Greenville, NC 27834

Ref. No.: 08-0038

Dear Mr. Welsh:

This is in response to your February 6, 2008 letter concerning the placarding requirements of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and driver licensing and endorsement requirements. Specifically, you ask (1) if placards are required to be displayed for shipments of forklifts described on a shipping paper as "UN3171, Battery-powered vehicle, 9," or "UN3166, Vehicle, flammable gas (or flammable liquid) powered, 9"; and, (2) if a driver carrying these forklifts must have a commercial driver's license (CDL) with a hazmat endorsement.

Based on the information in your letter, battery-powered and flammable gas (or liquid) powered forklifts are appropriately described as Class 9 (Miscellaneous) hazardous materials. For Class 9 (Miscellaneous) hazardous materials, placards are not required to be displayed for domestic transportation, including that portion of international transportation, that occurs within the United States (see § 172.504(f)(9)).

Requirements for drivers to possess a CDL with a hazmat endorsement are maintained by the Federal Motor Carrier Safety Administration (FMCSA) in 49 CFR Part 383. Questions regarding FMCSA regulations should be directed to the appropriate FMCSA field office. A list of FMCSA field offices and contact information is available at:

http://www.fmcsa.dot.gov/about/contact/offices/displayfieldroster.asp

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

Sincerely,

John A. Gale

Chief, Standards Development

Office of Hazardous Materials Standards

172.504(f)(9), 171.8

Regulation Sections

Section Subject
172.504 General placarding requirements