{"operation":"document","citation":"04-0015","title":"Jevic Transportation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-02-02","effective_on":null,"summary":"04-0015 response to Jevic Transportation concerning 172.301.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0015.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0015.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0015","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040015.pdf","body":"<<<PAGE 1>>>\n\n•U.S. Department\nof Transportation\n400 Seventh St., S.W.\nSpecial Programs\nResearch and\nWashington, D.C. 20590\nAdministration\nFEB 2\n2004\nMr. Samuel V. Yardumian\nHazardous Materials Specialist\nRef. No. 04-0015\nJevic Transportation\n700 Creek Road\nDelanco, NJ 08075\nDear Mr. Yardumian:\nThis is in response to your letter dated January 9, 2004 requesting guidance pertaining to large\nquantities of a single hazardous material transported in non-bulk packages, as established under\n§ 172.301(a)(3) of the Hazardous Materials Regulations (HMR: 49 FR Parts 171-180). Specifically,\nyou state that a shipper loads 11,000 pounds of flammable liquid, that is marked with the same\nidentification number and proper shipping name, at one loading facility. Further, you state that you are\nnot required to mark the transport vehicle on each side and each end with the identification number\nbecause there is other freight present on the vehicle when the flammable liquid is loaded. However, you\nask if a driver is required to affix the identification number corresponding to 11,000 pounds of\nflammable liquid on the transport vehicle.\nflammable liquid if he delivers all of the non-hazardous freight, leaving only the 11,000 pounds of\nThe answer is no. The marking requirement found in § 172.301(a)(3) is applicable to the material\nwithin the transport vehicle at the time that a large quantity of a single hazardous material in non-bulk\npackages is loaded. In your example, the transport vehicle contains other freight when the flammable\nliquid is loaded; therefore, the transport vehicle is not required to be marked with the identification\nnumber of the flammable liquid. In our opinion, so long as the shipping paper indicates that the vehicle\nthe duration of the deliveries.\nonce held other freight and the driver is familiar with § 172.301(a)(3), these provisions would apply for\nAdditionally, the identification number may be permissively displayed on the transport vehicle on each\nside and each end. This practice would identify the material and alleviate the potential for a frustrated\nshipment.\nI hope this satisfies your request.\nSincerely,\nInac Sio\nSusan Gorsky\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials Standards\nДИНИННІМ\n172.301la)(3)\n040015\n\n<<<PAGE 2>>>\n\nDVIC\nDUPR$PA / OHMS\nUNIT\n700 Creek Road\nSevic Transportation\n04 JAN 21 PM 5:28\n800.257.042711\nDelanco, NJ 0B075\n888-GoJevic (465-3842\nSupko\nwww.jevic.com\nMr. Delmer F. Billings, Chief, Standards Development\nResearch & Special Programs Administration DHM-11\n$3112.301 (a)(3)\n400 7' St. S.W.\nU.S. Department of Transportation\nMarking for\nWashington, D.C. 20590-0001\nnon-bulk packaging\nJanuary 9, 2004\n04-0015\nRef: 49 CFR 172.301(a)(3).\nDear Mr. Billings:\nJevic Transportation, Inc. requests regulatory guidance with respect to the following fact situation:\nshipment loaded into the vehicle is 11,000 Ibs. of a single Table 2 Hazardous Material, in this\nA vehicle is loaded at the carrier's facility with several shipments from different shippers. The first\ninstance, \"Flammable Liquid.\" The shipment is in non-bulk packaging, from one shipper to one\nconsignee and is the only hazardous material on board. Given the presence of other freight, the\ndriver is instructed to display FLAMMABLE placards on the vehicle.\nFlammable Liquid in the vehicle...\nThe driver makes deliveries of all of the non-hazardous shipments, leaving only the 11,000 Ibs. of\nnow also be marked with the I.D. number of the hazardous material on board?\nMay the vehicle continue to the last delivery point with only the FLAMMABLE placards, or must it\nWe request that a written interpretation or guidance be issued. We have had drivers questioned\nagainst our vehicle in such a situation.\non it on previous occasions. Recently, an Out-of Service order was issued by the state of Illinois\nWe appreciate your attention to this request.\nYours truly,\nSamuel V. Yardumian\nHazardous Materials Specialist\nExperience\n100% GUARANTEED™• Heat Fleet® • Next Day, Regional & National • Partial Truckioad • Real Real-Time™ Tracing • Breakbulk-Free","truncated":false,"body_characters":4098}