Crown Technology, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave, S.E. Washington, D.C. 20590 MAY 5 2009 Mr. Jeff Buckner Vice President, Finance Crown Technology, Inc. 75 13 E. 96th Street Indianapolis, IN 46256 Ref. No. 09-0077 Dear Mr. Buckner: This responds to your April 6,2009 request for clarification.of the placarding requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1 - 1 80) and the commercial drivers license (CDL) requirements under 49 CFR 383.93. Specifically, you ask if the $ 172.504(0(9) placarding exception for Class 9 materials also excepts your drivers from the hazardous materials endorsement requirement of 49 CFR 383.93 of the Federal Motor Carrier Safety Regulations (FMCSRs). The answer is yes. In accordance with § 172.504(0(9), placarding is noi required for Class 9 materials when shipped domestically. In accordance with the FMCSRs, only drivers of vehicles transporting hazardous materials that are required to be placarded in accordance with Subpart F of Part 172 of the HMR must have a hazardous materials endorsement to their CDL. Thus, a hazardous materials endorsement is not required for a driver transporting Class 9 materials. I hope this answers your inquiry. Sincer ly, f~Jf h d e s E. Betts Chief, Standards Development Office of Hazardous Materials Standards#

Page 22J a IS0 9001:2000 CERTIFIED Since 1946 July 14,2008 Shelley Negrete Hazardous Materials Program Manager U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration East Building, 2nd Floor 1200 IVew Jersey Ave., SE Washington, DC 20590 Dear Ms. Negrete: We respectfully request an interpretation clarifying the following scenario that is critical to the shipment of product produced by one of our divisions. Crown Technology manufactures and ships ferrous sulfate heptahydrate: Proper Shipping Name: Environmentally hazardous substances, solid, n.o.s., 9, III, UN3077 (ferrous sulfate) Reportable Quantity: 1000# Bulk Packaging: 2000# bulk bags Markings: 172.302(a)(2) "on two opposing sides" Mode of Transportation: Transport Vehicles, are semi-trucks with 48' & 53' trailers PLACARD EXEMPTION: 49 CFR $172.504(f)(9) of the HMR states, "For domestic transportation, a class 9 placard is NOT required. A bulk packaging containing a Class 9 material must be marked with the appropriate identification number displayed on a Class 9 placard, an orange panel or a white- square-on-point display configuration required by subpart D.. ." of part 172 of the HMR. This exemption applies to ferrous sulfate as ferrous sulfate is a Class 9 material and it is being shipped domestically. The bulk bags are marked on two opposing sides appropriately. NO HAZMAT ENDORSEMENT REWIRED Because there is not a requirement for placarding Class 9 material in domestic transportation, drivers transporting this material do not have to obtain or possess a hazardous material endorsement. Additionally, $383.93 (Endorsements) in conjunction with $383.5 (Definition of Hazardous Materials) clearly reiterates that the endorsement is required only if the hazardous material "is required to be placarded under subpart F of 49 CFR part 172.. .." 7513 E. 96th Street P.O. Box 50426 Indianapolis, IN 46250-0426 (31 7) 845-0045 Fax: (31 7) 845-9086#

Page 3IDENTIFICATION NUMBER REQUIREMENT 49 CFR $172.331 (c) states "For a bulk packaging contained in or on a transport vehicle or freight container, if the identification number marking on the bulk packaging (e.g., an IBC) required by 172.302(a) is not visible, the transport vehicle or freight container must be marked as required by $172.332 on each side and each end with the identification number specified for the material in the $ 172.101. Of the three options available to meet the requirements of 5 172.332 Identification Number Markings, $ 172.332(a)(c) "placarding" is permissible and is the lowest cost option for our company. Locating non-hazmat endorsed drivers is a key component to maintaining lower costs with regard to shipping ferrous sulfate. Hired drivers are questioning whether or not they require a hazmat endorsement when: They are transporting a product that states "Environmentally hazardous substance.. . . . ." on the shipping papers and The bulk packaging is marked and The drivers are then given placards to put on their vehicles for a load that is exempt from placarding Could you please verify in a written response that the above scenario is permissible under the current regulations, i.e., that drivers transporting ferrous sulfate in 200W bulkbags appropriately marked and for domestic transportation only, are allowed to place placards on their vehicles and still not be required to have a hazmat endorsement? Thank you in advance for your assistance. I look forward to your prompt response. Sincerely, Jeff Buckner VP-Finance Crown Technology, Inc. 75 13 E. 96th Street Indianapolis, IN 46256 (317) 845-0045 ~ 3 1 4 jbuckner@crowntech.com 751 3 E. 96'"treet Since 1946 P.O. Box 50426 Specialty Chemicals Indianapolis, IN 46250-0426 ferrous Sulfate (31 7) 845-0045 Fax: (31 7) 845-9086 Dust Control Products Environmental Controls#