{"operation":"document","citation":"12-0085","title":"Brothers Group, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-08-22","effective_on":null,"summary":"12-0085 response to Brothers Group, Inc. concerning 172.504, 172.704.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0085.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0085.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0085","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120085.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\nAUG 2 2 2012\nMr. Kenneth Kelton\nSafety Director\nBrothers Group, Inc.\n513 East Desoto Avenue\nSt. Louis, MO 63147\nReference No. 12-0085\nDear Mr. Kelton:\nThis is in response to your letter postmarked March 21, 2012 requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to marking and\nplacarding of a Class 9 (miscellaneous) hazardous material shipment, and hazardous\nmaterial endorsement requirements on a commercial driver's license (CDL).\nIn your letter, you describe a shipment that consists of 72, 55-gallon drums of\"UN 3082,\nEnvironmentally hazardous substances, liquid, n.o.s. (2,6-Di-tert-butylphenol),\n9 (miscellaneous), PG III, Marine Pollutant,\" has a total weight of 34,603 pounds, and is\nbeing transported in a motor vehicle trailer from St. Louis, MO, to Houston, TX. The drums\nwill be loaded into another container in Houston and transported by motor vehicle to the\ncoast for eventual overseas shipment via vessel transportation. Based on a\nSeptember 14, 2011letter my agency issued under Reference No. 11-0171, you state it is\nyour understanding that because the shipment you describe is not regulated as a hazardous\nmaterial when transported domestically, your company is not required to place placards on\nall four sides of the trailer or container used to transport this shipment while in the United\nStates. You further state it is your understanding that the container of drums must be\nplacarded when offered for transportation by vessel.\nYour understanding is correct. Marine pollutants transported in non-bulk packages are\nexcepted from regulation under the HMR unless they are transported by vessel or meet a\nhazard class definition (see§ 171.4(c)). Therefore, marine pollutants are not subject to the\nrequirements for shipping papers, markings, labels or placards when transported by\nhighway, rail or air. However, please note that §§ 171.22( d) and 171.25( a) provide that a\nhazardous material subject to the requirements of the International Maritime Dangerous\nGoods (IMDG) Code, that is offered or intended for eventual transportation by vessel, but\nnot subject to the HMR may be transported in the U.S. when described, marked and labeled\nin accordance with the IMDG code.\nIn addition, under § 172.504(f)(9), a Class 9 placard is not required for domestic\ntransportation. The HMR defines \"domestic transportation'' as specified in § 171.8, to\ninclude not only transportation exclusively within the United States, but also that domestic\n\n<<<PAGE 2>>>\n\nportion of \"international transportation\" which occurs between places within the United\nStates. Therefore, your driver is not required to display Class 9 placards on a vehicle that\ncontains Class 9 hazardous material while it is within the United States but, if applicable, the\nvehicle may be required to be marked. Section 172.301(a)(3) requires a transport vehicle or\nfreight container that encloses 4,000 kg (8,820 pounds) or more of a single hazardous\nmaterial in non-bulk packages when the entire shipment has the same proper shipping name\nand is loaded at the same facility to be marked on each side and each end with the\nidentification number of the hazardous material. Also, drums containing Class 9 material\nmust be marked with the applicable proper shipping name and identification number and\nlabeled with the Class 9 hazard warning label to comply with§§ 172.301(a) and\n172.400(a)(5) of the HMR.\nYou also state it is your understanding from the Reference No. 11-0171letter that a hazmat\nendorsement is not needed on a CDL when the material you described is transported\ndomestically. Your understanding is correct. Under the HMR, a driver is not required to\nhave a CDL with a hazmat endorsement to transport a Class 9 material by motor vehicle in\nthe United States, even when the eventual destination of the shipment is outside of the\nUnited States. However, the HMR does require that the driver must receive hazardous\nmaterials training (see§§ 177.800(c) and 177.816). This training must include general\nawareness, function-specific, safety, and security awareness training as specified in\n§ 172. 704( a) of the HMR, as well as driver training in the applicable requirements of\nFederal Motor Carrier Safety Regulations (FMCSR; 49 CFR parts 390 through 397) and the\nprocedures necessary for the safe operation of that motor vehicle. Training conducted to\nsatisfy compliance with the current Federal Motor Carrier Safety Administration (FMCSA)\nrequirements for a CDL with a tank vehicle or hazardous materials endorsement, may be\nused to satisfy the training requirements set forth in§ 172.704 to the extent that such\ntraining addresses the training components specified in§ 172.704(a). Where this training\ndoes not satisfy the HMR, the employer or self-employed person performing these tasks\nmust provide additional training that satisfies these requirements (see § 177 .816( c) and (d)).\nIn addition, CDLs and hazardous materials endorsements are regulated by FMCSA in\naccordance with 49 CFR Part 383. Questions regarding FMCSA regulations should be\ndirected to the appropriate FMCSA field office. A list of FMCSA field offices and contact\ninformation is available at \"http://www.fmcsa.dot.gov/about/\ncontact/offices/displayfieldroster.asp,\" or you may contact FMCSA at their headquarters\noffices in Washington, D.C., at (202) 366-6121.\nI hope this satisfies your request.\nSincerely,\n~/~~\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n2\n\n<<<PAGE 3>>>\n\nBROTHERS GROUP INC.\n513 EAST DESOTO AVENUE\nPO BOX 470218\nST. LOUIS, MO 63147\n314 231 0805 FAX 314 231 6875\nUSDOT\nPHMSA Office Of Hazardous Materials Standards\nAttn: PHH-10\nEast Building\n1200New Jersey Ave, SE.\nWashington, DC 20590-0001\nDear Sir Or Madam\nI am requesting a clarification for a shipment of 72 drums 34603 lbs of UN 3082, ENVIRONMENTALLY\nHAZARDOUS SUBSTANCES,LIQUID,N.O.S.\n( 2,6-Dl-TERT-BUTYLPHENOL) 9, III MARINE POLLUTANT\nThis shipment was loaded at one facility with no other product on the trailer. The shipment is going from St\nLouis Mo to Houston TX and from there it will be loaded on a container and taken to the coast for\nshipment over seas. I know it must be placard for the vessel over seas. I believe this shipment can be\ntransported to Houston TX without placards according to 49 CFR 172.504 and I believe that 49CFR\n172.301 (3) does not apply to this shipment because this is not consider a hazardous material when shipped\ndomestically.( 172-301 (3) Large Quantities Of A Single Hazardous Material In Non Bulk Packages)\nsometimes referred to as the 8820 lb rule. According to PHMSA Interpretation # 11-0171 the driver does\nnot need the hazmat endorsement to transport domestically is another reason to believe that I would not be\nrequired to mark the trailer on all 4 sides. If it is decided that I need to mark the trailer does the driver then\nneed the hazmat endorsement? Thank you for your help on this matter.\nBROTHERS GROUP INC\n513 EAST DESOTO AVE\nSTLOUIS MO 63147\nKENNETH KELTON\n~\\!ZC :;. __ ~!~t:/:::i'\nSAFTEY DIRECTOR\n314-805-5003\ne-mail kkelton@brotherstransfer.com","truncated":false,"body_characters":7291}