Interpretation Response #14-0173
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Mr. Arthur Van Houten
Sika Corporation USA
201 Polito Avenue
Lyndhurst, NJ 07071
Ref. No. 14-0173
Dear Mr. Van Houten:
This is a response to your September 22, 2014 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) with regard to bulk shipments of Class 9 hazardous materials. In your letter, you describe shipments which are only regulated for transportation because the liquid material contains a reportable quantity (RQ) of a hazardous substance listed in Appendix A of § 172.101. Specifically, you request clarification on the proper description, marking, packaging, placarding and driver requirements applicable to these shipments. Your questions are summarized and addressed below.
Q1. Would the description of either "NA3082, Other regulated substances, liquid, n.o.s. (name of reportable quantity material), 9, III, RQ" or "UN3082, Environmentally hazardous substance, liquid, n.o.s. (name of reportable quantity material), 9, III, RQ" be acceptable?
A1. Yes. In accordance with Special Provision 8 in § 172.102, which is referenced in Column 7 of the Hazardous Materials Table (HMT; § 172.101) for the entry "UN3082, Environmentally hazardous substance, liquid, n.o.s.," a hazardous substance that is not a hazardous waste may be shipped under the shipping description "Other regulated substances, liquid or solid, n.o.s.," as appropriate. Note that the "name of reportable quantity material" referenced in the question should be replaced with the appropriate RQ entry listed in Appendix A of § 172.101.
Q2. Is a DOT specification cargo tank motor vehicle required to transport this material, or may non-DOT specification cargo tank motor vehicles be used?
A2. No, a DOT specification cargo tank motor vehicle is not required. Bulk packaging requirements for NA3082 and UN3082 are found in § 173.241, as referenced in Column 8c of the HMT. In accordance with § 173.241(b), both DOT specification cargo tanks and non-DOT specification cargo tank motor vehicles suitable for transport of liquids may be used.
Q3. Are placards required for this shipment? If not, what are the marking requirements?
A3. No. In accordance with § 172.504(f)(9), for Class 9, a CLASS 9 placard is not required for domestic transportation. However, a bulk packaging must be marked with the appropriate identification number on a CLASS 9 placard, an orange panel, or a white square-on-point display configuration as required by § 172.332.
Q4. Does the use of a CLASS 9 placard to mark the UN identification number constitute the shipment as "placarded?"
A4. No. While the use of a CLASS 9 placard is permitted as a means to display the identification number on a bulk packaging, the use of the CLASS 9 placard does not subject a shipment to additional requirements in the HMR that would be applicable to shipments that require placarding.
Q5. Does this shipment meet the definition of "hazardous materials," as defined in 49 CFR § 383.5 because placarding is not required?
A5. For the purposes of the HMR, this shipment would be considered to be a "hazardous material" as it meets the defining criteria found in § 171.8. However, for purposes of the Federal Motor Carrier Safety Regulations (FMCSR; 49 CFR parts 390 through 397) and the Commercial Drivers’ License (CDL) hazmat endorsement, the term "hazardous materials" is defined in 49 CFR § 383.5 as a material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under Subpart F of 49 CFR Part 172; or any quantity of a material listed as a select agent or toxin in 42 CFR Part 73. Therefore, a driver of a commercial motor vehicle transporting a Class 9 hazardous material that is excepted from placarding for domestic transportation is not required to obtain a hazardous materials endorsement to his or her CDL.
Q6. Is a driver required to have a hazmat endorsement on his/her CDL for this shipment?
A6. No. See A5. Note 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 FMCSR and the procedures necessary for the safe operation of that motor vehicle.
I hope this information is helpful. If you have any more questions, please do not hesitate to contact this office.
Dirk Der Kinderen
Acting Chief, Standards Development
Standards and Rulemaking Division
172.102, 173.241, 172.504(f)(9), 171.8, 383.5, 177.800(c), 177.816, 172.704(a)
|§ 172.704||Training requirements|