Taylor Express, Inc. — Hazardous Materials Safety Interpretation

Page 1Transportatio .S. Departmer 1200 New Jersey Avenue, SE Washington, D.C. 20590 Pipeline and Hazardous Administration Materials Safety SEP 17 2007 Mr. Roderick MacLean Ref. No.: 07-0124 P.O. Box 1806 Taylor Express, Inc. Hope Mills, NC 28348 Dear Mr. MacLean: This is in response to your letter dated June 8, 2007 concerning the placarding requirements of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and required to be displayed on 2,500 Ib. super sacks containing sulfur powder when offered driver licensing and endorsement requirements. Specifically, you ask (1) if placards are for transportation in commerce; and, (2) if a driver carrying this hazardous material must have a commercial driver's license (CDL) with a hazmat endorsement. A bulk packaging containing sulfur is not required to be placarded if it is marked with the appropriate identification number as required by Part 172, Subpart D (see § 172.102, special provision 30). In addition, Class 9 placards are not required to be displayed for domestic transportation (see § 172.504(f)(9)). Requirements for drivers to possess a CDL with a hazmat endorsement are maintained by the Federal Motor Carrier Safety Administration (FMCSA) in 49 CFR Part 383. Questions regarding FMCSA regulations should be directed to the appropriate FMCSA field office. A list of FMCSA field offices and contact information is available at: http://www.fmcsa.dot.gov/about/contact/offices/displayfieldroster.asp. I hope this information is helpful. Sincerely, Chief, Standards Development Office of Hazardous Materials Standards 172.101 172.504(7X(9) 11.1 070124#

Page 2Eichenlaub TAYLOR $ 172.101 * Eli * EXPRESS, INC. $171.1 * * * Tailored to Your Transportation Needs Direct to All Points Applicabiliti 17-0124 MC-198974 Research and Special Programs Administration, Office of Hazardous Materials Standards U.S. Department of Transportation Attn: DHM-10, 400 7* Street S.W. Washington, DC 20590-0001 8 July 2007 Dear Sir, requirement for placarding and the need for a Commercial Driver's License Hazardous Material I would like to request an interpretation of Title 49 CFR § 172.101 and § 172.102 and the Endorsement. I have spoken to a member of your staff at the Hazardous Materials Information Center (1-800-467-4922) DOT agent interprets the regulation differently from what I have been advised und received a verbal answer from him. However we would like to have a written document on hand in cass In accordance with Special Provision 30 (§172. 102) "Sulfur is not subject to the requirements of this pellets, pastilles, or flakes). subchapter if transported in a non-bulk packaging or if formed to a specific shape (e g. prills, granules, packaging or (b) if it was shaped as above then there was no requirement to be placarded nor for a HAZMAT In my conversation with the Hazardous Materials Information Center I was told that (a) if it is in non-bulk domestically there was no requirement to placard or have a CDL endorsement. This is the ruling that some endorsement on the CDL. Although the product is in bulk packaging I was advised that for transportation other companies are accepting and following. In order to prevent our liability in failing to follow the regulation I am questioning this interpretation. With the information provided above I would appreciate an interpretation that states whether or not placarding is required and whether a CDL Hazmat endorsement is required for the driver. Sincerely, Mall Malea Roderick MacLean Training and Safety Supervisor Post Office Box 1806 • Hope Mills, NC 28348 • (910) 423-2114 • Fax (910) 423-4168 US/NC Wats (800) 624-5919 • E-Mail: mail@taylorexpressinc.com#