Jevic Transportation — Hazardous Materials Safety Interpretation

Page 1•U.S. Department of Transportation 400 Seventh St., S.W. Special Programs Research and Washington, D.C. 20590 Administration FEB 2 2004 Mr. Samuel V. Yardumian Hazardous Materials Specialist Ref. No. 04-0015 Jevic Transportation 700 Creek Road Delanco, NJ 08075 Dear Mr. Yardumian: This is in response to your letter dated January 9, 2004 requesting guidance pertaining to large quantities of a single hazardous material transported in non-bulk packages, as established under § 172.301(a)(3) of the Hazardous Materials Regulations (HMR: 49 FR Parts 171-180). Specifically, you state that a shipper loads 11,000 pounds of flammable liquid, that is marked with the same identification number and proper shipping name, at one loading facility. Further, you state that you are not required to mark the transport vehicle on each side and each end with the identification number because there is other freight present on the vehicle when the flammable liquid is loaded. However, you ask if a driver is required to affix the identification number corresponding to 11,000 pounds of flammable liquid on the transport vehicle. flammable liquid if he delivers all of the non-hazardous freight, leaving only the 11,000 pounds of The answer is no. The marking requirement found in § 172.301(a)(3) is applicable to the material within the transport vehicle at the time that a large quantity of a single hazardous material in non-bulk packages is loaded. In your example, the transport vehicle contains other freight when the flammable liquid is loaded; therefore, the transport vehicle is not required to be marked with the identification number of the flammable liquid. In our opinion, so long as the shipping paper indicates that the vehicle the duration of the deliveries. once held other freight and the driver is familiar with § 172.301(a)(3), these provisions would apply for Additionally, the identification number may be permissively displayed on the transport vehicle on each side and each end. This practice would identify the material and alleviate the potential for a frustrated shipment. I hope this satisfies your request. Sincerely, Inac Sio Susan Gorsky Senior Transportation Regulations Specialist Office of Hazardous Materials Standards ДИНИННІМ 172.301la)(3) 040015#

Page 2DVIC DUPR$PA / OHMS UNIT 700 Creek Road Sevic Transportation 04 JAN 21 PM 5:28 800.257.042711 Delanco, NJ 0B075 888-GoJevic (465-3842 Supko www.jevic.com Mr. Delmer F. Billings, Chief, Standards Development Research & Special Programs Administration DHM-11 $3112.301 (a)(3) 400 7' St. S.W. U.S. Department of Transportation Marking for Washington, D.C. 20590-0001 non-bulk packaging January 9, 2004 04-0015 Ref: 49 CFR 172.301(a)(3). Dear Mr. Billings: Jevic Transportation, Inc. requests regulatory guidance with respect to the following fact situation: shipment loaded into the vehicle is 11,000 Ibs. of a single Table 2 Hazardous Material, in this A vehicle is loaded at the carrier's facility with several shipments from different shippers. The first instance, "Flammable Liquid." The shipment is in non-bulk packaging, from one shipper to one consignee and is the only hazardous material on board. Given the presence of other freight, the driver is instructed to display FLAMMABLE placards on the vehicle. Flammable Liquid in the vehicle... The driver makes deliveries of all of the non-hazardous shipments, leaving only the 11,000 Ibs. of now also be marked with the I.D. number of the hazardous material on board? May the vehicle continue to the last delivery point with only the FLAMMABLE placards, or must it We request that a written interpretation or guidance be issued. We have had drivers questioned against our vehicle in such a situation. on it on previous occasions. Recently, an Out-of Service order was issued by the state of Illinois We appreciate your attention to this request. Yours truly, Samuel V. Yardumian Hazardous Materials Specialist Experience 100% GUARANTEED™• Heat Fleet® • Next Day, Regional & National • Partial Truckioad • Real Real-Time™ Tracing • Breakbulk-Free#