{"operation":"document","citation":"06-0072","title":"HB Fuller Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-06-30","effective_on":null,"summary":"06-0072 response to HB Fuller Company concerning 172.500.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0072.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0072.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0072","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060072.pdf","body":"<<<PAGE 1>>>\n\nTransportatic\nS. Departme\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and\nHazardous Materials Safety\nAdministration\nJUN 30 2006\nHB Fuller Company\nMr. Eugene J. Secor\nRef. No. 06-0072\n2710 Bellingham Drive, Suite 100\nTroy, Michigan 48083\nDear Mr. Secor:\nThis is in response to your letter requesting clarification of the limited quantity\nexceptions under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nSpecifically, you ask us to confirm your understanding that a shipment of limited quantity\nhazardous materials is excepted from the labeling requirements, and from the placarding\nrequirements when the shipment exceeds 1,001 pounds. You ask whether you would be\nin violation of the HMR if you placarded such a shipment. You also ask whether the\ndriver of such a shipment or other shipments not subject to the placarding requ rements\nrequires a hazmat endorsement on the commercial drivers license (CDL).\nWith respect to the labeling and placarding requirements, your understanding of the\nmaterials are not required to be labeled or placarded. The exception from placarding\nHMR is correct. Under § 172.500(b)(3), shipments of limited quantities of hazardous\nweight. In addition, packagings containing limited quantities are not included when\nincludes a shipment of limited quantities that exceeds 1,001 pounds aggregate gross\ndetermining the aggregate gross weight of other hazardous materials (see Placarding\nviolation of the HMR to placard such a shipment, the answer is no. Section 172.502(c)\nTable 2 in § 172.504). In response to your question asking whether it would be a\nprovided the placarding conforms to the requirements in Subpart F of Part 172.\nstates that placards may be displayed for a shipment that does not require placarding\nQuestions regarding current requirements for hazmat endorsements on CDLs should be\ndirected to the Federal Motor Carrier Safety Administration (FMSCA), Office of Motor\nCarrier Safety, 400 7\" St., S.W., Washington, D.C. 20590, or telephone 202/366-6121.\nFMCSA issues the regulations that require a driver who transports hazardous material\n172:500(B)3)\n060072\n173.154\n\n<<<PAGE 2>>>\n\nshipments to obtain a hazmat endorsement on a CDL. However, the requirement for a\nhazmat endorsement applies only to shipments for which a placard is required under the\nquestions.\nI hope this information is helpful. Please contact this office should you have additional\nSincerely,\nHattie L. Mitchell\nOffice of Hazardous Materials Standards\nChief, Regulatory Review and Reinvention\n\n<<<PAGE 3>>>\n\nMCIntyre\n$172.500(b)(3)\nH.B. Fuller Company\n$173-154\n2710 Bellingham Drive,\nTroy, Michigan 48083\nSuite 100\nPlacarding\n06 - 0072\nFebruary 21, 2006\nPipeline and Hazardous Materials Administration\n400 Seventh Street, S.W.\nRoom 8410\nWashington, D.C.20590\nGentlemen:\nWe have two questions that are somewhat peripherally related.\n1) Often we have carriers, including rail carriers, that demand\nplacards when we have a shipment of Limited Quantity\ncommodities that exceed the 1001 gross pound threshold\nindicated on the Table 2 placarding chart. It seems these\ncarriers or their drivers are totally unaware of the excec Jon\ngiven at 172.500(b)(3) and reiterated under the limited quantity\nexception for the given commodity (in this case 173.154 for\nCorrosives, nos). A recent example of this is illustrated on the\nattached BL where the shipment was refused even though the\nBL indicated Limited Quantity. Packaging is a 1H2 outer with\nappropriate inner receptacles to create a combination package.\nSince 173.154 also excepts us from labeling, there are no\nhazard labels on the outer package but the PSN and ID number\nare included as required by the regulations.\nIs there an existing interpretation that covers this specific\nsubject? If not, could we get a letter stating that the above is\ntrue and correct? Even though the combination packages do\nnot have hazard labels, would we be in violation if we offered\nplacards?\n2) Although we are not required to check driver's CDL for the\nhazmat endorsement, is there ever a case when the driver can\n\n<<<PAGE 4>>>\n\npick up a hazmat shipment w/o the hazmat endorsement\nsuch as non-placardable quantities? Would Paragraph 391.62\nof FMSCA regulations provide an Exemption to the hazardous\nmaterial endorsement rule?\nThanking you in advance for attention to this matter.\nteve\nÉugene J. Secor\nEHS/Transportation Specialist\nHB Fuller Company\n2710 Bellingham Drive, Suite 100\nTroy, Michigan 48083\nPhone: 248-526-4783\nFAX: 248-585-3699\ne-mail: gene.secor@hbfuller.com\nFile: DOT/letters to Dept/Placarding & CDL Hazmat Endorsement\n\n<<<PAGE 5>>>\n\n02/19/2006 20:03\n8477764350\nTEC DISTR CTR ILL\nPAGE 82/82\nSTRAIGHT BILL OF LADING\nEmergency Contact\nNOT NEGOTIABLE\nChemtrec 1-800-424-9300\nOrder / B/L No.:\nSHIPPER:\nspecialty Construction Brands, Inc.\n0341205/B3969833\n315 South Hicks Road\nPalatine, IL\n60067-6972\nSHIPPED TO:\n1913 NORTHWEST GOTH LANE\nTEC INCORPORATED\nGAINESVILLE, FL 32653\nShipment Date 02/26/06\nContact Name_\nContact Phone Number\n352 372 3931\n•FOR TERMS\n6 S T CORP\nFOB SHIPPING PT, ERT PREPAID\n02006686\nNO. OF PROS TYPE OF PACKAGES\nHM\nPARTICULARS OF THE GOODS, MARKS AND EXCEPTIONS\nWEIGHT (SUBIL TO COAR.,\n4-21606-001\nLBS\nthe following la crouled for Urdled Sinter ripments only.\n1071\nPCS\n37650 UB\nstalement.\nICRATES.. DRUMS. PAIIS OR TOTES.\n72\nPCS\nTRIAMINE,\nCORROSIVE LIQUIDS,\nTETRAETHYLENEPENTAMINE),\nN.O.S.\n(DIETHYLENE-\n2825\nLE\npages are ten de prepaid, wile or stamp here. To be\n(Signature of Consignor)\n8, UN1760, II,\nITEM #156240 CLASS 50, PLASTIC MATERIALS\nLIMITED QUANTITY\nChargea Advoc\nTo be Prepaid\nOTHER THAN EXPANDED,\nITEM 46030, IN BOXES,\nLIQUID, NOI,\nCRATES, DRUMS OR\nO/T\n*If the shipme\nquires thing the bill of lading shall sinte whether it in \"conle\nwai betwan two ports by wattt the lo\nPACKAGES 2440, 2445.\n2516 OR 2522.\n5GALLOD\nCDs Wrent\nPAILS\nreguled to state\nroused nose i predependent on lie chipe a\nspedically stalled by the chipper to be not exceeding\nTre agrene or declared valun of the property in hersby\nproperty cassified described, packagnu, marked and laboled\nand in in proger condition to\nappliable negulationa de the Departnicat of Tearaportation.\n• transportation according la die\n1143\n•SUBTOTAL\nSUBTOTAL•\n40476\nLE\nFiacards provided\nMessages 372 3931 LESS THAN TRUCKLOAD ORDERS WILL\nMUST CALL THRS BEFORE DELIVERY AT 352\nand: ll other enquirments of Carolidaled Poulght\nClasification.,\nPP IC\nBE COMBINED\nFOR\nFULL TRUCKLOAD BY TEC\nProtect from fxeezing\n2057\n# / ) pallets\nPROTECT FROM FREEZING\nPALE\nSaid to contain\n) pieces\n#\nTotal weight\nSHIPPER: TEC\nDATE:_\n_SEAL NO.:\nPer:\nROUTE:\nCARRIER:\nCar/Vehicle No.:\nPer:\nRESPONSIBLE TO SIGN FOR THE NUMBER OF PACKAGES RECEIVED ON THIS BILL\nTHIS BILL OF LADING IS TO BE SIGNED BY THE SHIPPER AND CARRIER ALL DRIVERS ARE\nof packapa unknown) marked, conslaned and destined as indicated below, which tha carrier agrees to carry and to deliver to\nleceived 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!\nH.B. Fulier Company\nSend Prepaid Freight Bill To:\nPO Box 5159\nC/O Menlo Worldwide Logistics\nPortland, OR 97208\n24 HOUR MEDICAL NUMBER: 1-888-853-17:\nFORM NO. 24!","truncated":false,"body_characters":7276}