HB Fuller Company — Hazardous Materials Safety Interpretation

Page 1Transportatic S. Departme Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Hazardous Materials Safety Administration JUN 30 2006 HB Fuller Company Mr. Eugene J. Secor Ref. No. 06-0072 2710 Bellingham Drive, Suite 100 Troy, Michigan 48083 Dear Mr. Secor: This is in response to your letter requesting clarification of the limited quantity exceptions under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask us to confirm your understanding that a shipment of limited quantity hazardous materials is excepted from the labeling requirements, and from the placarding requirements when the shipment exceeds 1,001 pounds. You ask whether you would be in violation of the HMR if you placarded such a shipment. You also ask whether the driver of such a shipment or other shipments not subject to the placarding requ rements requires a hazmat endorsement on the commercial drivers license (CDL). With respect to the labeling and placarding requirements, your understanding of the materials are not required to be labeled or placarded. The exception from placarding HMR is correct. Under § 172.500(b)(3), shipments of limited quantities of hazardous weight. In addition, packagings containing limited quantities are not included when includes a shipment of limited quantities that exceeds 1,001 pounds aggregate gross determining the aggregate gross weight of other hazardous materials (see Placarding violation of the HMR to placard such a shipment, the answer is no. Section 172.502(c) Table 2 in § 172.504). In response to your question asking whether it would be a provided the placarding conforms to the requirements in Subpart F of Part 172. states that placards may be displayed for a shipment that does not require placarding Questions regarding current requirements for hazmat endorsements on CDLs should be directed to the Federal Motor Carrier Safety Administration (FMSCA), Office of Motor Carrier Safety, 400 7" St., S.W., Washington, D.C. 20590, or telephone 202/366-6121. FMCSA issues the regulations that require a driver who transports hazardous material 172:500(B)3) 060072 173.154#

Page 2shipments to obtain a hazmat endorsement on a CDL. However, the requirement for a hazmat endorsement applies only to shipments for which a placard is required under the questions. I hope this information is helpful. Please contact this office should you have additional Sincerely, Hattie L. Mitchell Office of Hazardous Materials Standards Chief, Regulatory Review and Reinvention#

Page 3MCIntyre $172.500(b)(3) H.B. Fuller Company $173-154 2710 Bellingham Drive, Troy, Michigan 48083 Suite 100 Placarding 06 - 0072 February 21, 2006 Pipeline and Hazardous Materials Administration 400 Seventh Street, S.W. Room 8410 Washington, D.C.20590 Gentlemen: We have two questions that are somewhat peripherally related. 1) Often we have carriers, including rail carriers, that demand placards when we have a shipment of Limited Quantity commodities that exceed the 1001 gross pound threshold indicated on the Table 2 placarding chart. It seems these carriers or their drivers are totally unaware of the excec Jon given at 172.500(b)(3) and reiterated under the limited quantity exception for the given commodity (in this case 173.154 for Corrosives, nos). A recent example of this is illustrated on the attached BL where the shipment was refused even though the BL indicated Limited Quantity. Packaging is a 1H2 outer with appropriate inner receptacles to create a combination package. Since 173.154 also excepts us from labeling, there are no hazard labels on the outer package but the PSN and ID number are included as required by the regulations. Is there an existing interpretation that covers this specific subject? If not, could we get a letter stating that the above is true and correct? Even though the combination packages do not have hazard labels, would we be in violation if we offered placards? 2) Although we are not required to check driver's CDL for the hazmat endorsement, is there ever a case when the driver can#

Page 4pick up a hazmat shipment w/o the hazmat endorsement such as non-placardable quantities? Would Paragraph 391.62 of FMSCA regulations provide an Exemption to the hazardous material endorsement rule? Thanking you in advance for attention to this matter. teve Éugene J. Secor EHS/Transportation Specialist HB Fuller Company 2710 Bellingham Drive, Suite 100 Troy, Michigan 48083 Phone: 248-526-4783 FAX: 248-585-3699 e-mail: gene.secor@hbfuller.com File: DOT/letters to Dept/Placarding & CDL Hazmat Endorsement#

Page 502/19/2006 20:03 8477764350 TEC DISTR CTR ILL PAGE 82/82 STRAIGHT BILL OF LADING Emergency Contact NOT NEGOTIABLE Chemtrec 1-800-424-9300 Order / B/L No.: SHIPPER: specialty Construction Brands, Inc. 0341205/B3969833 315 South Hicks Road Palatine, IL 60067-6972 SHIPPED TO: 1913 NORTHWEST GOTH LANE TEC INCORPORATED GAINESVILLE, FL 32653 Shipment Date 02/26/06 Contact Name_ Contact Phone Number 352 372 3931 •FOR TERMS 6 S T CORP FOB SHIPPING PT, ERT PREPAID 02006686 NO. OF PROS TYPE OF PACKAGES HM PARTICULARS OF THE GOODS, MARKS AND EXCEPTIONS WEIGHT (SUBIL TO COAR., 4-21606-001 LBS the following la crouled for Urdled Sinter ripments only. 1071 PCS 37650 UB stalement. ICRATES.. DRUMS. PAIIS OR TOTES. 72 PCS TRIAMINE, CORROSIVE LIQUIDS, TETRAETHYLENEPENTAMINE), N.O.S. (DIETHYLENE- 2825 LE pages are ten de prepaid, wile or stamp here. To be (Signature of Consignor) 8, UN1760, II, ITEM #156240 CLASS 50, PLASTIC MATERIALS LIMITED QUANTITY Chargea Advoc To be Prepaid OTHER THAN EXPANDED, ITEM 46030, IN BOXES, LIQUID, NOI, CRATES, DRUMS OR O/T *If the shipme quires thing the bill of lading shall sinte whether it in "conle wai betwan two ports by wattt the lo PACKAGES 2440, 2445. 2516 OR 2522. 5GALLOD CDs Wrent PAILS reguled to state roused nose i predependent on lie chipe a spedically stalled by the chipper to be not exceeding Tre agrene or declared valun of the property in hersby property cassified described, packagnu, marked and laboled and in in proger condition to appliable negulationa de the Departnicat of Tearaportation. • transportation according la die 1143 •SUBTOTAL SUBTOTAL• 40476 LE Fiacards provided Messages 372 3931 LESS THAN TRUCKLOAD ORDERS WILL MUST CALL THRS BEFORE DELIVERY AT 352 and: ll other enquirments of Carolidaled Poulght Clasification., PP IC BE COMBINED FOR FULL TRUCKLOAD BY TEC Protect from fxeezing 2057 # / ) pallets PROTECT FROM FREEZING PALE Said to contain ) pieces # Total weight SHIPPER: TEC DATE:_ _SEAL NO.: Per: ROUTE: CARRIER: Car/Vehicle No.: Per: RESPONSIBLE TO SIGN FOR THE NUMBER OF PACKAGES RECEIVED ON THIS BILL THIS BILL OF LADING IS TO BE SIGNED BY THE SHIPPER AND CARRIER ALL DRIVERS ARE of packapa unknown) marked, conslaned and destined as indicated below, which tha carrier agrees to carry and to deliver to leceived at the point of origin on the date specified, from the consignor mentioned herein, the property herein described, in apparent good order, except is noter (contents and conditions of conben! H.B. Fulier Company Send Prepaid Freight Bill To: PO Box 5159 C/O Menlo Worldwide Logistics Portland, OR 97208 24 HOUR MEDICAL NUMBER: 1-888-853-17: FORM NO. 24!#