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Interpretation Response #14-0102

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

Interpretation Response Details

Response Publish Date: 06-19-2014
Company Name: Brighter Horizons Environmental Inc.    Individual Name: Mr. John Nelson
Location state: MA    Country: US

View the Interpretation Document

Response text:

June 19, 2014

Mr. John Nelson
Transportation and Safety Manager
Brighter Horizons Environmental Inc.
4 Courthouse Lane
Chelmsford, MA 01824

Ref No.: 14-0102

Dear Mr. Nelson:

This is a response to your May 12, 2014 letter requesting clarification of placarding requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and their relation to the Federal Motor Carrier Administration (FMCSA) regulations pertaining to hazmat endorsement requirements on Commercial Drivers’ Licenses (CDLs). Specifically, you ask if a carrier voluntarily placards a shipment containing bulk quantities of "UN3077, Environmentally hazardous substance, n.o.s. (lead, arsenic), 9, PG III, RQ10," must the driver hauling the material have a CDL with a hazmat endorsement.

Based on the information in your letter, bulk quantities of "UN3077, Environmentally hazardous substance, n.o.s. (lead, arsenic), 9, PG III" 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)).

In accordance with the FMCSA regulations, only drivers of vehicles transporting hazardous materials that are required to be placarded in accordance with Subpart F of Part 172 of the HMR must have a hazardous materials endorsement to their CDL (See § 383.93). Thus, a hazardous materials endorsement is not required for a driver transporting any quantity of Class 9 materials, even when placarded with Class 9 placards. It should be noted that the HMR does require that the driver must receive hazardous materials training (see §§ 177.800(c) and 177.816). This training must include general awareness, function-specific, safety, and security awareness training as specified in §172.704(a) of the HMR, as well as driver training in the applicable requirements of FMCSA Regulations (FMCSR; 49 CFR parts 390 through 397) and the procedures necessary for the safe operation of that motor vehicle.

Requirements for drivers to possess a CDL with a hazmat endorsement are maintained by FMCSA in 49 CFR Part 383. Questions regarding hazmat endorsements on CDLs should be directed to the Transportation Security Administration at 877-429-7746 or the appropriate FMCSA field office. A list of FMCSA field offices and contact information is available at:

I hope this information is helpful. If you have any more questions, please do not hesitate to contact this office.


Robert Benedict
Chief, Standards Development
Standards and Rulemaking Division

172.504(f)(9), 383.93, 177.800(c), 177.816, 172.704(a)

Regulation Sections

Section Subject
§ 172.504 General placarding requirements