USA Banner

Official US Government Icon

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Site Icon

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #18-0075

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

Interpretation Response Details

Response Publish Date:

Company Name: MH Group, LLC

Individual Name: Paul Perez

Location State: TX Country: US

View the Interpretation Document

Response text:

March 13, 2019

Mr. Paul A. Perez
Safety Director
MH Group, LLC
3524 US Highway 57
Eagle Pass, TX  78852

Reference No. 18-0075

Dear Mr. Perez:

This letter is in response to your May 10, 2018, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the shipment of Class 9 materials.  You describe a scenario in which a bill of lading is presented to a carrier with an “X” marked under the “HM” column.  The following information is indicated on the bill of lading.


We have paraphrased and answered your questions as follows:

Q1.   You ask if the safety devices are considered hazardous materials and subject to the HMR.

A1.   The answer is yes.  While Class 9 materials are excepted from placarding when being transported domestically in accordance with § 172.504(f)(9), the safety devices are fully regulated hazardous materials and subject to other relevant portions of the HMR, such as classification, packaging, marking, and labeling.  For example, as prescribed in § 172.301(a)(3), the transport vehicle may require marking on each side and each end as specified in the § 172.332 or § 172.336, with the identification number specified for the hazardous material in the § 172.101 Hazardous Materials Table (i.e., 3268), subject to the following provisions and limitations:

(i) Each package is marked with the same proper shipping name and identification number;
(ii) The aggregate gross weight of the hazardous material is 4,000 kg (8,820 pounds) or more;
(iii) All of the hazardous material is loaded at one loading facility;
(iv) The transport vehicle or freight container contains no other material, hazardous or otherwise; and
(v) The identification number marking requirement of this paragraph (a)(3) does not apply to Class 1, Class 7, or to non-bulk packagings for which identification numbers are not required.

Q2.   You ask what placard, marking, or square on point is required on the transport vehicle if the safety devices are considered hazardous materials in Q1.

A2.   See A1.

Q3.   You ask if the driver of the transport vehicle must have a hazardous materials endorsement on a commercial driver’s license (CDL) to transport the safety devices.

A3.   The answer is no.  Section 383.93 of the Federal Motor Carrier Safety Regulations (FMCSR) states that all persons who operate or expect to operate the type(s) of motor vehicles used to transport hazardous materials as defined in § 383.5 are required to have a hazardous materials endorsement on a CDL.  Section 383.5 of the FMCSR defines a hazardous material as any 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.  Because Class 9 materials are excepted domestically from placarding in § 172.504(f)(9) of the HMR, a hazardous material endorsement on a CDL is not required to transport the safety devices.

 Please note that while these Class 9 materials do not require placarding and are not subject to a hazardous materials endorsement on a CDL, as established in Answer A1, they are still considered hazardous materials.  As such, they are subject to the Minimum Levels of Financial Responsibility for Motor Carriers as provided in 49 CFR Part 387.  In accordance with § 387.9, the transportation of these Class 9 materials requires the motor carrier to have $ 1,000,000 public liability coverage.

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


T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

172.504(f)(9), 172.301(a)(3), 172.332, 172.336,


Regulation Sections

Section Subject
172.301 General marking requirements for non-bulk packagings
172.332 Identification number markings
172.336 Identification numbers; special provisions
172.504 General placarding requirements