Reynolds Transport — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration SEP 1 4 2011 1200 New Jersey Avenue. SE Washington. DC 20590 Mr. Aaron Carr Fleet Manager Reynolds Transport Orleans, IN 47452 Reference No. 11-0171 Dear Mr. Carr: This responds to your July 15,2011 request for clarification of the requirements of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as they apply to the transport ofa material you classify as a Class 9 (miscellaneous) hazard material based on the material meeting the definition ofa hazardous substance (§ 171. 8). You seek confirmation that your drivers are not required to ha;ve a hazardous materials endorsement to their commercial driver's licenses (CDLs) in order to transport this material. Your understanding is correct that the transportation ofyour material is subject to shipping paper and labeling requirements. Regarding placarding, in accordance with § 172.504(f)(9), placarding is not required for transportation ofClass 9 material when shipped domestically, however, a bulk packaging must be marked with the appropriate identification number on a Class 9 placard, an orange panel, or a white square-on-point display configuration. You may display the identification number on a Class 9 placard even though a placard is not required. Display of the identification number on a placard does not, however, make your drivers subject to the endorsement requirement under 49 CFR 383.93 ofthe Federal Motor Carrier Safety Regulations (FMCSR). In accordance with the FMCSR, a driver ofa commercial motor vehicle transporting hazardous material subject to placarding under the HMR must obtain a hazardous materials endorsement to his or her CDL. Thus, because a placard is not required for domestic transportation of a Class 9 material under the HMR, a hazardous materials endorsement to the CDL is not required. I trust this satisfies your inquiry. Please contact us if we can be of further assistance. «Z'Sc4Ben Supko Acting Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2Reynolds, Inc. ___________________ Municipal & Industrial Pipeline Installations • Treatment Plants -INLINEK Trenchless Sewer Rehabilitation • Well Construction . De r kIYJclereYl July 15, 2011 9/7/. I Mr. Charles E. Betts Office of Hazardous Material Standards ~ J12 • 6>0 tF' U.S.DOT / PHMSA (PHH-l0) Applieo;b,l;hJ 1200 New Jersey Ave, SE East Building 2nd Floor II-DI11' Washington, DC 20590 ~11Z./OI Dear Mr. Betts: I would like to respectfully request an interpretation regarding a shipment of a cured in place pipe liner our company transports. The product we manufacture is a cured in place pipe liner: Proper Shipping Name: Environmentally hazardous substances (Styrene). solid. n.o.s., Class 9. Packing Grciup'lII; UN3077. Could you please confirm our understanding and application of the FMCSRs and HMRs to the following points? , " , , t 1.' ,. ' , ~ • Placard'with a Class 9, UN307-7 ilulk placard - becaliseotldlners'are typicallv.~greater than 1000 pounds, per 172.504. • Our liners are labeled and shipping papers completed per applicable regulations. • Our drivers are NOT required to have hazmat endorsements as per 393.93 & 393.5. We were recently cited in Colorado fo'r the driver not havirighis ha~matendorseme,nt w.hile driving a truck with Class 9. UN3077 placards displayed, and proper shipping papers in the cab. According to our interpretation of the applicable FMCRs and HMRs we believe our current shipping practices are correct. The recent citation from Colorado disagrees with our interpretation. Would you please be so kind as to respond to confirm our interpretation and shipping practices are correct? ' 4520 N. State Road 37 • P.O. Box 186 • Orleans, IN 47452 • 812/865-3232 • Fax 812/865-3075 Orleans, IN • Middletown, OH • Louisville, KY • Birmingham, AL • Fairburn, GA • Indianapolis, IN#

Page 3Municipal & Industrial Pipeline Installations • Treatment Plants -INLINER Trenchless Sewer Rehabilitation • Well Construction Thank you for your assistance. Aaron Carr Fleet Manager Reynolds Transport 4520 NSR 37 Orleans, IN 47452 (812) 865-3232 Ext 114 acarr@reynoldsinc.com 4520 N. State Road 37 • P.O. Box 186 • Orleans, IN 47452 • 812/865-3232 • Fax 812/865-3075 Orleans, IN • Middletown, OH • Louisville, KY • Birmingham, AL • Fairburn, GA • Indianapolis, IN#