{"operation":"document","citation":"07-0124","title":"Taylor Express, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-09-17","effective_on":null,"summary":"07-0124 response to Taylor Express, Inc. concerning 172.504.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0124.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0124.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0124","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070124.pdf","body":"<<<PAGE 1>>>\n\nTransportatio\n.S. Departmer\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nPipeline and Hazardous\nAdministration\nMaterials Safety\nSEP 17 2007\nMr. Roderick MacLean\nRef. No.: 07-0124\nP.O. Box 1806\nTaylor Express, Inc.\nHope Mills, NC 28348\nDear Mr. MacLean:\nThis is in response to your letter dated June 8, 2007 concerning the placarding\nrequirements of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and\nrequired to be displayed on 2,500 Ib. super sacks containing sulfur powder when offered\ndriver licensing and endorsement requirements. Specifically, you ask (1) if placards are\nfor transportation in commerce; and, (2) if a driver carrying this hazardous material must\nhave a commercial driver's license (CDL) with a hazmat endorsement.\nA bulk packaging containing sulfur is not required to be placarded if it is marked with the\nappropriate identification number as required by Part 172, Subpart D (see § 172.102,\nspecial provision 30). In addition, Class 9 placards are not required to be displayed for\ndomestic transportation (see § 172.504(f)(9)).\nRequirements for drivers to possess a CDL with a hazmat endorsement are maintained by\nthe Federal Motor Carrier Safety Administration (FMCSA) in 49 CFR Part 383.\nQuestions regarding FMCSA regulations should be directed to the appropriate FMCSA\nfield office. A list of FMCSA field offices and contact information is available at:\nhttp://www.fmcsa.dot.gov/about/contact/offices/displayfieldroster.asp.\nI hope this information is helpful.\nSincerely,\nChief, Standards Development\nOffice of Hazardous Materials Standards\n172.101\n172.504(7X(9)\n11.1\n070124\n\n<<<PAGE 2>>>\n\nEichenlaub\nTAYLOR\n$ 172.101\n*\nEli\n* EXPRESS, INC.\n$171.1\n*\n*\n*\nTailored to Your Transportation Needs\nDirect to All Points\nApplicabiliti\n17-0124\nMC-198974\nResearch and Special Programs Administration,\nOffice of Hazardous Materials Standards\nU.S. Department of Transportation\nAttn: DHM-10,\n400 7* Street S.W.\nWashington, DC 20590-0001\n8 July 2007\nDear Sir,\nrequirement for placarding and the need for a Commercial Driver's License Hazardous Material\nI would like to request an interpretation of Title 49 CFR § 172.101 and § 172.102 and the\nEndorsement.\nI have spoken to a member of your staff at the Hazardous Materials Information Center (1-800-467-4922)\nDOT agent interprets the regulation differently from what I have been advised\nund received a verbal answer from him. However we would like to have a written document on hand in cass\nIn accordance with Special Provision 30 (§172. 102) \"Sulfur is not subject to the requirements of this\npellets, pastilles, or flakes).\nsubchapter if transported in a non-bulk packaging or if formed to a specific shape (e g. prills, granules,\npackaging or (b) if it was shaped as above then there was no requirement to be placarded nor for a HAZMAT\nIn my conversation with the Hazardous Materials Information Center I was told that (a) if it is in non-bulk\ndomestically there was no requirement to placard or have a CDL endorsement. This is the ruling that some\nendorsement on the CDL. Although the product is in bulk packaging I was advised that for transportation\nother companies are accepting and following. In order to prevent our liability in failing to follow the\nregulation I am questioning this interpretation.\nWith the information provided above I would appreciate an interpretation that states whether or not\nplacarding is required and whether a CDL Hazmat endorsement is required for the driver.\nSincerely,\nMall Malea\nRoderick MacLean\nTraining and Safety Supervisor\nPost Office Box 1806 • Hope Mills, NC 28348 • (910) 423-2114 • Fax (910) 423-4168\nUS/NC Wats (800) 624-5919 • E-Mail: mail@taylorexpressinc.com","truncated":false,"body_characters":3706}