{"operation":"document","citation":"08-0038","title":"Materials Handling Group, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-04-16","effective_on":null,"summary":"08-0038 response to Materials Handling Group, Inc. concerning 172.504.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0038.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0038.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0038","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080038.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nAPR 1 6 2008\nMr. Jeffrey M. Welsh.\nMaterials Handling Group, Inc.\n5200 Martin Luther King Jr. Highway\nGreenville, NC 27834\nRef. No.: 08-0038\nDear Mr. Welsh:\nThis is in response to your February 6,2008 letter concerning the placarding\nrequirements of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171 - 180) and\ndriver licensing and endorsement requirements. Specifically, you ask (1) if placards are\nrequired to be displayed for shipments of forklifts described on a shipping paper as\n\"UN3 1 7 1, Battery-powered vehicle, 9,\" or \"UN3 166, Vehicle, flammable gas (or\nflammable liquid) powered, 9\"; and, (2) if a driver carrying these forklifts must have a\ncommercial driver's license (CDL) with a hazmat endorsement.\nBased on the information in your letter, battery-powered and flammable gas (or liquid)\npowered forklifts are appropriately described as Class 9 (Miscellaneous) hazardous\nmaterials. For Class 9 (Miscellaneous) hazardous materials, placards are not required to\nbe displayed for domestic transportation, including that portion of international\ntransportation, that occurs within the United States (see § 172.504(0(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:\nhtt~://~~~.fmcsa.dot.~ov/about/contact/offices/displayfieldroster.asp\nI hope this information is helpful. Please contact us if you require additional assistance.\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nB\nN CCO MATERIALS HANDLING GROUP, INC.\n5200 Martin Luther King Jr. Highway\nGreenville, NC 27834\n252-931 -5274, Fax 252-931 -5355, e-mail: aniwelsh@nmh~.com hmld\n5 1 7 ~ ~ 5 o d f ' q m\nFebruary 6,2008\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration (PHMSA)\nPHH-10\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nRe: Request for l~iterpretation\nDear Ms. Mitchell:\nNACCO Materials Handling Group, Iric. is a manufacturer of fork lift trucks. When placed with a\ncarrier for transportation, the forklifts are listed on the bill of lading as either Class 9 hazardous\nmaterials - \"Battery-Powered Vehicle\" (UN 31 71) or \"Vehicle, Flammable Gas (or Liquid)\nPowered\" (UIV3166), depending upon the type of forklift. A carrier has notified us that it is their\nunderstanding of the regulations that the drivers used for these loads must possess a hazardous\nmaterials license to transport forklift trucks (which would result in increased transportation costs).\nIt is our understanding that requirements for commercial drivers licenses (CDLs) are contained in\nregulations issued by the Federal Motor Carrier Safety Administration (FMCSA) under 49 CFR\nPart 383 et. seq. Ttiese regulations require drivers who transport hazardous materials shipments\nfor which a placard i's required under the' Hazardous Materials Regulation to obtain a CDL with a\nhazardous matepais endorsement. 49 CFR Part 172.504(f)(9) states \"For Class 9, a placard is\nnot required for doinestic transportation, including that portion of international transportation,\ndefined in § I 71.8, which occurs within the United States.\"\nAccordingly, we are requesting an interpretation of these regulations. Is a CDL with a hazardous\nmaterials endorsement required for transporting forklift trukks containing a batlesy or internal\ncornbltsti6n engirre? Or based on the regl~latiens referenced above, may forklift trucks, classified\nunder Ciass 9, be transported without a piacard and thus by a <river without a hazardous\nmaterial endorsement on the driver's CBLr?\nThank you for ?our assistznce. Please let me know if I may provide additional detail concerning\nthis inquiry. Your prompt response would be appreciated.\nSincerely,\nSenior s a M y and Environmental Engineer","truncated":false,"body_characters":4252}