Mr. Leo Malatesta — Hazardous Materials Safety Interpretation

Page 1Transportatio S. Departme 400 Seventh St., S.W. research and Washington, D.C. 20590 MAR 6 2003 Mr. Leo Malatesta Ref. No.: 02-0076 DeAngelo Brothers Incorporated 100 N. Conahan Drive Hazelton, PA 18201 Dear Mr. Malatesta: This responds to your letter regarding the Materials of Trade (MOTS) and the Class 9 placarding exceptions for Class 9 materials shipped under the Hazardous Materials Regulations (HMR; 49 CFR inconvenience. Parts 171-180). We apologize for the delay in responding and hope it has not caused any You stated that your company is a private carrier of Class 9 materials for domestic end-use transportation only, which may include bulk packagings. The material is described as "Other regulated substances, liquid, n.o.s., 9, NA 3082, III," and may be shipped in a reportable quantity (RQ). You asked, using either the MOTS or placarding exceptions for Class 9 materials, can a Class 9 material be transported without displaying the CLASS 9 placards? The answer is yes. By definition, MOTS include a hazardous material that is transported by a private carrier in direct support of its principal business which may not be transportation by motor vehicle: A Class 9 material of not more than 1500 L (400 gallons) for a diluted mixture, not to exceed 2% concentration, may be shipped under the MOTS exception. A bulk packaging containing a diluted mixture of a Class 9 material must be marked on two opposing sides with the identification number of the material. The identification number may be displayed on placards, orange panels, or on a white square-on-point configuration. A hazardous material (e.g., Class 9) shipped under the MOTS exception is not subject to any other requirements, including placarding, when transported by motor vehicle if all the conditions of § 173.6 are met. For do materia portever, Cl pass placad is not guiled on atris mu be matold win thic appropriate identification number displayed either on a CLASS 9 placard, an orange panel or a white 1134 020076#

Page 2square-on-point display configuration. For a Class 9 material shipped in a quantity which equals or exceeds a RQ of a hazardous substance, the shipping paper and a non-bulk packaging must contain the letters "RQ". (See §§ 172.203(c),§ 172.324,172.332 and 172.504(f)(9)). I hope this information is helpful. If we can be of further assistance, please contact us. Sincerely, Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards#

Page 3D ACTION Bi is assigned lo DeAngelo Brothers INCORPORATED S-10 Harnessing Technology and Preserving the Environment Engrum $172.504()9) February 22, 2002 $ 173.66t U.S. Department of Transportation 400 Seventh Street Placarding + Washington, D.C. 20590 MOT 02-0076 To Whom It May Concern: Our company is seeking guidance regarding two hazardous materials regulations. of opinion due to the interpretation of each regulation. Please provide writter Ne have asked these questions to officers and inspectors, and have received difference: clarification interpreting the conditions I have outlined below. accounts. We are a private carrier of Class 9 materials for domestic end-use We are a vegetation management company, applying herbicides to industrial placards, using either of the exemptions listed below: CFR 49, 172.504 (e) (9) General placarding requirements: "For domestic laterial must be marked with the appropriate identification number displayed on a Clas ansportation, a Class 9 placard is not required. A bulk packaging containing a Class 9 placard, an orange panel or a white square-on-point display configuration as required by subpart D of this part." CFR 49, 173.6 (c) (2) Materials of trade exceptions: A bulk package containing four digitidentification number of the material. The identification number must be a diluted mixture of a Class 9 material must be marked on two opposing sides with the displayed on placards, orange panels, or alternatively, a white square-on-point 173.332 (b) and (e) of this subchapter. configurațion havıng the same outside dimensions as a placard, in the manner specified in CORPORATE OFFICES: 100 N. Conahan Drive • Hazleton, PA 18201 • Phone (570) 459-1112 • Fax (570) 459-0321#

Page 4Will we be in compliance by removing the placards from our bulk tanks and identification of these products. regulations, and not to leave any room for interpretation regarding the proper Please respond in writing to my attention. If you have any other questions concerning this issue please call me at 800-360-9333. Our office hours are 8:30 am - 5:00 pm, EST, Monday - Friday. If you call beyond those times listed, please leave a message on my extension, #6322. Thank you for your prompt response. Sincerely, festheter Safety & Compliance Manager#