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

Interpretation Response #22-0017

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

Interpretation Response Details

Response Publish Date:

Company Name: Old Bridge Chemicals, Madison Industries, Inc.

Individual Name: Sandy Volk

Location State: NJ Country: US

View the Interpretation Document

Response text:

May 25, 2022

Ms. Sandy Volk
Traffic Manager
Old Bridge Chemicals, Madison Industries, Inc.
554 Waterworks Road
Old Bridge, NJ  08856

Reference No. 22-0017

Dear Ms. Volk:

This letter is in response to your April 25, 2022, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to hazardous materials placarding and hazardous materials endorsements on commercial driver's licenses. Specifically, you state that your companies manufacture and transport zinc sulfate and cupric sulfate, and that these materials are described as "UN3077, environmentally hazardous substances, solid, n.o.s., 9, PG III."

We have paraphrased and answered your questions as follows:

Q1. You ask if a hazardous materials endorsement is required on the Commercial Driver’s Licenses (CDL) for drivers who transport these materials.

A1. The answer is no. For purposes of 49 CFR Part 383 and the applicability of the CDL hazmat endorsement, a "hazardous material" 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. For Class 9, a CLASS 9 placard is not required for domestic transportation in accordance with Subpart F of 49 CFR Part 172 (see § 172.504(f)(9)).

Q2. You ask if a driver requires a hazardous materials endorsement on their CDL if they are transporting this material for import or export, and there is a Class 9 placard displayed.

A2. The answer is no. For purposes of 49 CFR Part 383 and the applicability of the CDL hazmat endorsement, a "hazardous material" 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. For Class 9, a CLASS 9 placard is not required for domestic transportation, including that portion of international transportation, defined in § 171.8, which occurs within the United States.

Q3. You ask whether a driver transporting these materials to a rail yard for an intermodal shipment requires the hazardous materials endorsement on their CDL, and if a placard is required for rail transportation.

A3. The answer is no. Please see A1.

Q4. You state that cupric sulfate is a marine pollutant. You ask if the marine pollutant marking is only required for international vessel shipments.

A4. The answer is no. As stated in § 171.4(a), no person may offer for transportation or transport a marine pollutant, as defined in § 171.8, in intrastate or interstate commerce except in accordance with the requirements specific to marine pollutants in the HMR. There is an exception to the marine pollutant requirements in § 171.4(c)(1) which states that except when all or part of the transportation is by vessel, the requirements of the HMR specific to marine pollutants do not apply to non-bulk packagings transported by motor vehicle, rail car or aircraft.

Q5. You ask if drivers transporting these Class 9 materials must follow specified hazardous materials routes.

A5. The Federal Motor Carrier Safety Administration is responsible for the Federal Motor Carrier Safety Regulations (FMCSR), Parts 200-399, addressing maintenance and use of motor carrier vehicles, including driving and parking rules and routing of non-radioactive hazardous materials (NRHM). Federal standards for establishing, maintaining, or enforcing specific NRHM routing designations over which NRHM may or may not be transported is found in 49 CFR § 397.71. Except for radioactive materials, neither the HMR nor the FMCSR preclude States or other jurisdictions from determining appropriate routes for NRHM, such as on bridges or through tunnels. You should contact the State(s) you are interested in to determine whether NRHM may pass over its bridges and through its tunnels.

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

Sincerely,

Shane Kelley
Director,
Standards and Rulemaking Division

172.504(f)(9), 171.8, 171.4(a), 171.4(c)(1)

Regulation Sections

Section Subject
171.4 Marine pollutants
171.8 Definitions and abbreviations
172.504 General placarding requirements