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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