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Interpretation Response #14-0231


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

Interpretation Response Details

Response Publish Date: 01-08-2015
Company Name: PPG- Comex    Individual Name: Mr. Israel Villarello
Location state: NM    Country: US

View the Interpretation Document


Response text:

January 08, 2015

Mr. Israel Villarello
Logistic Services Manager
PPG- Comex
Autopista Mexico-Queretaro Km. 33.5 No. 104, Lote 2, Col. Lecheria
Tulitlan, Estado de Mexico, Mexico  54940

Reference No. 14-0231

Dear Mr. Villarello:

This is in response to your November 24, 2014 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  All answers provided below assume transportation is by highway only. Transport requirements for other modes may vary.  Your questions are paraphrased and answered as follows:

Q1.  Does § 173.150(b) mean that any amount of Class 3 limited quantity products can be transported as non-hazardous products?  Are there any limits?

A1.  Class 3 materials offered under the limited quantity exceptions provided in § 173.150 are not non-hazardous products.  If a consignment is under the quantity thresholds provided in § 173.150 and is appropriately offered as a limited quantity such a shipment is eligible for exceptions from various HMR requirements (e.g. specification packaging, labeling, placarding, and shipping papers).  Any HMR requirements not specifically excepted are still required to be complied with (e.g. training requirements and general packaging requirements).  

Q2.  Do drivers who transport hazardous materials offered as limited quantities require any type of hazardous materials transportation license or permit?    

A2.  In accordance with the Federal Motor Carrier Safety Administration (FMCSA) regulations, 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 commercial driver’s license (CDL) with a hazardous materials endorsement (See 49 CFR Part 383).  Thus, a hazardous materials endorsement is not required for a driver of a transport vehicle which contains only limited quantities.

Q3.  Do shipments made in accordance with § 173.150(b) need to have the total weight of limited quantity products shown on a bill of lading.

A3.  No.  As mentioned in A1. above, limited quantity shipments are excepted from the shipping paper requirements of the HMR.  This exception includes the requirement to provide the total quantity of hazardous materials covered by a basic description.

Q4.  Does the weight of limited quantity packages need to be counted when determining the aggregate gross weight of hazardous materials covered by table 2 of § 172.504?  

A4.  No.  Section 172.500(b)(3) states that the requirements of subpart F do not apply to hazardous materials authorized by this subchapter to be offered for transportation as a limited quantity when identified as such on a shipping paper in accordance with §172.203(b) or when marked as such in accordance with §172.315.  Assuming your packages are properly marked with the marking required by § 172.315 these limited quantity packages are not required to be considered when determining if one can qualify for the exception for less than 454 kg (1,001 pounds) found in § 172.504(c).  

Q5.  If 2,000 pounds of Class 3, UN 1263 PG II or III limited quantity materials are transported on a semi-trailer, does the trailer need to be placarded?

A5.  No. See A4.  Appropriately marked shipments of limited quantities are excepted from the placarding requirements of the HMR.        

Q6.  If 39, 000 pounds of Class 3, UN 1263 PG II or III limited quantity materials are transported on a semi-trailer, does the trailer need to be placarded?

A6.  No. See A4.  Appropriately marked shipments of limited quantities are excepted from the placarding requirements of the HMR.

Q7.  Does a shipment containing more than 2,000 pounds of Class 3, UN 1263, PG II or III limited quantity materials require the driver to carry hazardous materials transportation permits or a hazardous materials driver’s license?

A7.  For the purposes of this answer it is assumed you are asking about a hazardous materials endorsement to a CDL.  In which case the answer is no.  See A2.   If the load does not require placarding, no hazardous materials endorsement to their CDL would be required.  

Q8.  If a shipment contains 20,000 pounds of Class 3, UN 1263, PG II or III material in 1 gallon and 1 quart containers offered as a limited quantity and 15,000 pounds of the same product in 5 gallon pails, what is the total hazardous weight to be written on the shipping documents hazardous weight field?

A8.  The HMR does not require a “total hazardous weight” for a transport vehicle.  This appears to be a user generated field on your shipping paper.  Section 172.202(a)(5) requires that a total quantity of hazardous materials covered by a basic description.  As mentioned throughout this response limited quantity shipments are excepted from shipping paper requirements.  There is no requirement for you to indicate the presence of limited quantity packages on shipping papers or to provide a total quantity for these limited quantity packages.   As your shipment contains 15,000 pounds of materials not authorized to be offered as a limited quantity; you would be required to indicate this amount in association with the appropriate basic description(s).    

Q9.  Using the scenario above; should I write 15,000 pounds on the “Hazardous Weight Subtotal” field and 20,000 pounds in the “Exempt Paint” field?

A9.  Again both of these fields are not fields required under the HMR.   

Q10.  If a shipment contains 38,000 pounds of Class 3, UN 1263, PG II or III materials in 1 gallon and 1 quart containers being offered as limited quantities and 1,000 pounds of the same product in 5 gallon pails, is a hazardous materials bill of lading required?

A10.  The HMR references shipping papers, not bills of lading.   In the scenario you provide the 1,000 pounds of UN 1263 in 5 gallon pails is not authorized to be offered as a limited quantity and would need to be declared on a shipping paper.

Q11.  If a shipment contains 40,000 pounds of Class 3, UN 1263, PG II or III in 1 gallon and 1 quart containers being offered as a limited quantity and 500 pounds of the same product in 5 gallon pails, is a hazardous bill of lading required?

A11.  Yes, for the non-limited quantity portion of the load a shipping paper is required.  See A10.

Q12.  In accordance with § 172.202(a)(6)(vii) do I need to show the total net quantity of hazardous materials in limited quantities on my bill of lading?

A12.  Paragraph (a)(6)(vii) is only applicable to shipments made by aircraft.  As your shipments appear to be offered for surface transportation, the requirements of this paragraph do not apply.

Q13.  Case lots of products in 1 gallon containers are 4 cans per box.  Case lots of products in 1 quart containers are 6 cans per box.  Stores can order single pieces; in order to do this the box is opened.   Is this practice allowed by PHMSA regulations?  Or should the whole box be shipped?

A13.  As long as a package does not exceed the maximum gross weight allowed by the applicable limited quantity section (30 kg or 66 pounds for § 173.150), and complies with the general packaging provisions found in subpart B of part 173, any combination of an authorized limited quantity may be offered in one package.

Q14.  The Mexican Transportation Department is developing a new regulation that requires all carriers to segregate hazardous materials from non-hazardous materials into two separate shipments.  Does this regulation apply in the USA as well?  Do hazardous materials need to be shipped in a separate trailer?

A14.  There is no general prohibition from placing hazardous and non-hazardous materials in the same transport vehicle.   There are segregation requirements found in § 177.848 which outline situations between various classes of hazardous materials.  Additionally, there are

various prohibitions and exceptions for Division 2.3 (poisonous gas) and Division 6.1 (poisonous) materials packed in the same motor vehicle with material marked or known to be foodstuffs, feed, or edible material intended for consumption by humans or animals.  

I trust this information is helpful.  If you have further questions, please do not hesitate to contact this office.

Sincerely,

Shane C. Kelley
Acting International Standards Coordinator
Standards and Rulemaking Division

173.150(b), 173.150, 172.504, 172.500(b)(3), 172.203(b), 172.315, 172.504(c), 172.202(a)(5), 172.202(a)(6)(vii)


Regulation Sections

Section Subject
§ 172.504 General placarding requirements