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Interpretation Response #16-0177 ([Robinson Nevada Mining Company] [Mr. Matt Thompson])

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

Interpretation Response Details

Response Publish Date:

Company Name: Robinson Nevada Mining Company

Individual Name: Mr. Matt Thompson

Location State: NV Country: US

View the Interpretation Document

Response text:

January17, 2017

Matt Thompson
Superintendent of Supply Chain
Robinson Nevada Mining Company
P.O. Box 382, 4232 West White Pine County Rd 44
Ruth, NV  89319

Reference No. 16-0177

Dear Mr. Thompson:

This letter is in response to your October 17, 2016, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to shipping a hazardous substance.  You provide a scenario in which a hazardous substance (molybdenum concentrate) in a bulk package is offered for transportation by highway.  

We have paraphrased and answered your questions as follows:

Q1. Is a hazmat endorsement on a commercial driver’s license (CDL) required to transport molybdenum concentrate in a bulk package?

A1. The answer is no.  Section 172.504(f)(9) states that a CLASS 9 placard is not required for domestic transportation.  Therefore, the Federal Motor Carrier Safety Regulations (FMCSR) would not require a driver to have a hazmat endorsement on a CDL.

Q2. Is a driver required to have hazmat training in accordance with Subpart H of Part 172 if the driver has a hazmat endorsement on a CDL?

A2. In accordance with § 177.800(c), each driver who is a hazmat employee is subject to the training requirements in Subpart H of Part 172) and the driver training requirements in § 177.816, regardless of whether a hazmat endorsement is required.  However, the training required to obtain a hazmat endorsement may be used to satisfy the training requirements of the HMR to the extent that such training addresses the training components of § 172.704(a).

Q3. In the scenario provided, are placards required on each bag of molybdenum concentrate, as well as the outside of the transport vehicle?

A3. See A1.  Placards are not required on each bag or the transport vehicle.  However, identification number markings are still required on each bulk package in accordance with § 172.302.  In accordance with § 172.332, a placard, an orange panel, or a white square-on-point are all acceptable methods of displaying the identification number.  Furthermore, § 172.331(c) states that if the identification number marking on a bulk package is not visible because it is contained inside a transport vehicle or freight container, the identification number marking must be displayed on each side and each end of the transport vehicle.

Q4. When is a driver required to meet the training requirements in the HMR?

A4. Drivers meeting the definition of a “hazmat employee” in accordance with § 171.8 are subject to the training requirements in the HMR.

Q5. What are the requirements for shipping 16 bags of molybdenum concentrate weighing 3,000 pounds each?

A5. A material that meets the definition of a hazardous material is subject to all applicable requirements of the HMR unless specifically excepted, including, but not limited to: packaging, hazard communication (e.g., shipping papers), and training requirements.

I hope this information is helpful.  Please contact us if we can be of further assistance.


Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division

172.504(f)(9), 177.800(c), 177.816, 172.704(a), 172.332, 172.302, 172.331(c), 171.8

Regulation Sections

Section Subject
171.8 Definitions and abbreviations
172.302 General marking requirements for bulk packagings.
172.331 Bulk packagings other than portable tanks, cargo tanks, tank cars and multi-unit tank car tanks
172.332 Identification number markings
172.504 General placarding requirements