{"operation":"document","citation":"14-0173","title":"Sika Corporation USA — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-11-21","effective_on":null,"summary":"14-0173 response to Sika Corporation USA concerning 171.8, 172.102, 172.504, 172.704, 173.241, 177.800, 177.816.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0173.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0173.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0173","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2014/140173.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n1200 New Jersey Avenue, SE\nMaterials Safety\nPipeline and Hazardous\nAdministration\nNOV 2 1 2014\nMr. Arthur Van Houten\nSika Corporation USA\n201 Polito Avenue\nLyndhurst, NJ 07071\nRef. No. 14-0173\nDear Mr. Van Houten:\nThis is a response to your September 22, 2014 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) with regard to bulk shipments of Class\n9 hazardous materials. In your letter, you describe shipments which are only regulated for\ntransportation because the liquid material contains a reportable quantity (RQ) of a hazardous\nsubstance listed in Appendix A of § 172.101. Specifically, you request clarification on the\nproper description, marking, packaging, placarding and driver requirements applicable to\nthese shipments. Your questions are summarized and addressed below.\nQ1. Would the description of either \"NA3082, Other regulated substances, liquid,\nn.o.s. (name of reportable quantity material), 9, III, RQ\" or \"UN3082,\nEnvironmentally hazardous substance, liquid, n.o.s. (name of reportable quantity\nmaterial), 9, III, RQ\" be acceptable?\nA1. Yes. In accordance with Special Provision 8 in § 172.102, which is referenced in\nColumn 7 of the Hazardous Materials Table (HMT; § 172.101) for the entry\n\"UN3082, Environmentally hazardous substance, liquid, n.o.s.,\" a hazardous\nsubstance that is not a hazardous waste may be shipped under the shipping description\n\"Other regulated substances, liquid or solid, n.o.s.,\" as appropriate. Note that the\n\"name of reportable quantity material\" referenced in the question should be replaced\nwith the appropriate RQ entry listed in Appendix A of § 172.101.\nQ2. Is a DOT specification cargo tank motor vehicle required to transport this\nmaterial, or may non-DOT specification cargo tank motor vehicles be used?\nA2. No, a DOT specification cargo tank motor vehicle is not required. Bulk\npackaging requirements for NA3082 and UN3082 are found in § 173.241, as\nreferenced in Column 8c of the HMT. In accordance with § 173.241(b), both DOT\nspecification cargo tanks and non-DOT specification cargo tank motor vehicles\nsuitable for transport of liquids may be used\nQ3. Are placards required for this shipment? If not, what are the marking\nrequirements?\n\n<<<PAGE 2>>>\n\nA3. No. In accordance with § 172.504(f)(9), for Class 9, a CLASS 9 placard is not\nrequired for domestic transportation. However, a bulk packaging must be marked\nwith the appropriate identification number on a CLASS 9 placard, an orange panel, or\na white square-on-point display configuration as required by § 172.332.\nQ4. Does the use of a CLASS 9 placard to mark the UN identification number\nconstitute the shipment as \"placarded?\"\nA4. No. While the use of a CLASS 9 placard is permitted as a means to display the\nidentification number on a bulk packaging, the use of the CLASS 9 placard does not\nsubject a shipment to additional requirements in the HMR that would be applicable to\nshipments that require placarding.\nQ5. Does this shipment meet the definition of \"hazardous materials,\" as defined in 49\nCFR § 383.5 because placarding is not required?\nA5. For the purposes of the HMR, this shipment would be considered to be a\n\"hazardous material\" as it meets the defining criteria found in § 171.8. However, for\npurposes of the Federal Motor Carrier Safety Regulations (FMCSR; 49 CFR parts 390\nthrough 397) and the Commercial Drivers' License (CDL) hazmat endorsement, the\nterm \"hazardous materials\" is defined in 49 CFR § 383.5 as a material that has been\ndesignated as hazardous under 49 U.S.C. 5103 and is required to be placarded under\nSubpart F of 49 CFR Part 172; or any quantity of a material listed as a select agent or\ntoxin in 42 CFR Part 73. Therefore, a driver of a commercial motor vehicle\ntransporting a Class 9 hazardous material that is excepted from placarding for\ndomestic transportation is not required to obtain a hazardous materials endorsement to\nhis or her CDL.\nQ6. Is a driver required to have a hazmat endorsement on his/her CDL for this\nshipment?\nA6. No. See A5. Note that the HMR does require that the driver must receive\nhazardous materials training (see §§ 177.800(c) and 177.816). This training must\ninclude general awareness, function-specific, safety, and security awareness training\nas specified in § 172.704(a) of the HMR, as well as driver training in the applicable\nrequirements of FMCSR and the procedures necessary for the safe operation of that\nmotor vehicle.\nI hope this information is helpful. If you have any more questions, please do not hesitate to\ncontact this office.\nSincerely.\nDirk Der Kinderen\nActing Chief, Standards Development\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nSuchak\n172.504 (F) (9)\nGoodall, Shante CTR (PHMSA)\nPlacardis\nFrom:\nCiccarone, Michael CTR (PHMSA)\nSent:\nMonday, September 22, 2014 1:36 PM\n14-0173\nTo:\nHazmat Interps\nSubject:\nFW: Request for interpretation bulk RQ shipments\nAttachments:\nRequest for Interpretation bulk RQ shipments 9-22-14.pdf\nShante and Alice,\nPlease submit this for a formal letter of interpretation. Mr. Van Houten spoke with me, most recently.\nThanks,\nMike\nFrom: Arthur Van Houten [mailto:vanhouten.arthur@us.sika.com]\nTo: PHMSA HM InfoCenter\nSent: Monday, September 22, 2014 10:40 AM\nSubject: Request for interpretation bulk RQ shipments\nTo Whom It May Concern,\nPlease provide me with your interpretation/ clarification for the shipment of bulk materials meeting only the Reportable Quantity\nrequirements.\nRegards,\nBUILDING TRUST\nJika\nArthur Van Houten\nEHS\nCorporate EHS Manager\nSika - US - Lyndhurst\nPhone: +1 201-508-6920 - Mobile: +1 551-265-4557 - Fax: +1 201-933-3070\n875 Vailey Brook Avenue - Lyndhurst New Jersey 07071\nvanhouten.arthur@us.sika.com\n\n<<<PAGE 4>>>\n\nArthur Van Houten\nCorporate EHS Manager\nMobile: 551-265-4557\nPhone: 201-508-6920\nJika\nvanhouten.arthur@us.sika.com\nBUILDING TRUST\nU.S. DOT\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH-10\nEast Building\n1200 New Jersey Avenue, SE\nWASHINGTON, DC 20590-001\nSEPTEMBER 22, 2014\nSubject: Clarification for bulk shipments of Reportable Quantity (RQ) materials\nTo Whom It May Concern:\nSika Corporation (\"Sika\") is seeking a clarification for highway shipments of liquid materials in\nbulk tanker trucks. The materials are regulated for transportation only because they meet\nthe requirements of Reportable Quantities (RQ) as listed in Appendix A to 49 CFR 172.101.\nSika is therefore seeking clarification of the following when shipping bulk quantities of a\nmaterial whose only hazard is meeting the Reportable Quantity requirement making it a\nClass 9 hazard:\n1. The proper shipping name of \"NA3082 Other regulated substances, liquid, n.o.s.,\n(name of hazard inducer), 9, IIIRQ\"\nor \"UN3082, Environmentally hazardous\n2. A DOT specification tank trailer (cargo tank) is not required per 49 CFR 173.241(b).\nsubstance, liquid, n.o.s., (name of hazard inducer), 9, III, RQ\" is acceptable.\n3. Placarding is not required, but rather \"marking\" as per 49 CFR 172.504(f)(9) using a\nCLASS 9 placard, an orange panel, or a white square-on-point display configuration.\n4. Using a CLASS 9 \"placard\" to mark this shipment is not the same as placarding a\nshipment.\n5. Shipments do not meet the definition of \"Hazardous Materials\"\nas defined in 49 CFR\n383.5 because the shipment is not required to be placarded.\n201 Polito Avenue • Lyndhurst, NJ 07071 • USA\nSIKA CORPORATION USA\nPhone: 800 933 SIKA • Fax: 201 933 3070 • www.sikausa.com\n\n<<<PAGE 5>>>\n\nBUILDING TRUST\nlika\nPAGES\nDATE\n2/2\nSeptember 19, 2014\n6. An endorsement to a drivers Commercial Driver's Licience is not required per 49 CFR\n383.93(b)(4) because these shipments do not meet the definition of hazardous\nmaterials as defined under 49 CFR 383.5.\nThank you for your prompt reply.\nSincerely,\nQuito Van Hart\nArthur Van Houten\nCorporate EH&S Manager\nEnclosure\n\n<<<PAGE 6>>>\n\nMaterials shipped as RQ\n1. When the quantity of a Hazardous Substance in a material is equal to or exceeds the\nreportable quantity threshold listed in Appendix A to 172.101, this shipment will be\nhandled as a Hazardous Substance. The proper shipping name we will use is\neither \"NA3082 Other regulated substances, liquid, n.o.s., (name of hazard inducer), 9,\nIII RQ\" or \"UN3082, Environmentally hazardous substance, liquid, n.o.s., (name of\nhazard inducer), 9, III, RQ\"\n2. A coded trailer is not necessary for this material when shipped as either a hazardous\nsubstance or non-hazardous. In Table 101, Packaging column 8(C) of the shipping name\n\"NA3082 Other regulated substances, liquid, n.o.s.\" references 173.241 to determine\nacceptable packaging options. Under 173.241(b) Cargo Tanks, the last portion says:\n\"and non-DOT specification cargo tank motor vehicles suitable for transport of\nliquids.\" (shown below) This gives relief from a DOT specification tanker.\n§173.241 Bulk packagings for certain low hazard liquid and solid materials.\nfollowing bulk packagings are authorized, subject to the requirements of subparts A and B of part 173 of this subchapter\nWhen §172.101 of this subchapter specifies that a hazardous material be packaged under this section. only the\nand the special provisions specified in column 7 of the $172.101 table.\ntank car tanks and AAR Class 203W, 206W, and 211W tank car tanks.\n(a) Rail cars: Class DOT 103, 104, 105, 109, 111, 112. 114, 115, or 120 tank car tanks: Class 106 or 110 multi-unit\nMC 311, MC 312, MC 330, MC 331, DOT 406, DOT 407, and DOT 412 cargo tank motor vehicles; and ron-DOT\n(p) Cargo tanks: DOT specification MC 300, MC 301, MC 302. MC 303, MC 304, МС 305, MC 306, MC 307, MC 310.\nspecification carco tank motor vehicles suitable for transport of liquids.\n3. The Placarding requirements for these materials are found under 172.504(f) (9) below. A\nplacard is not required for domestic transportation, but rather marking.\n§172.504 General placarding requirements.\ntransport vehicle, rail car, freight container or unit load device, only the placard representing the lowest division number\n(f) Additional placarding exceptions. (1) When more than one division placard is required for Class 1 materials on a\nmust be displayed.\ntransportation, defined in $171.8 of this subchapter, which occurs within the United States. However, a bulk packaging\n(9) For Class 9, a CLASS 9 placard is not required for domestic transportation, including that portic of international\npoint display configuration as required by subpart D of this part.\nmust be marked with the appropriate identification number on a CLASS 9 placard, an orange panel. or a white square-on-\n1\n\n<<<PAGE 7>>>\n\n3082\n4. The CLASS 9 placard is being used to \"mark\" the shipment and does not indicated that\nthis shipment is being \"placarded\"\n5. The definition of \"Hazardous Materials\" under the Commercial Driver's License\nStandards found under 49 CFR 383.5 Definitions is shown below. There are two (2)\nrequirements that must be met before a material is considered a \"hazardous material\".\n1) material must be a hazardous material and 2) the material must be placarded. The\nmaterials being shipped do not require placarding, only Marking (see 172.504(9)\nabove). Therefore, they do not meet the definition of a Hazardous Material.\n§383.5 Definitions.\nAs used in this part:\nrequired to be placarded under subpart F of 49 CFR part 172 or any quantity of a materal listed as a select agent or toxin\nHazardous materiais means any material that has been desianated as hazardous under 49 U.S.C. 5103 and is\nin 42 CFR part 73.\n\n<<<PAGE 8>>>\n\n6. Drivers will not need hazardous materials endorsements to their CDL to transport these\nmaterials for the following reason:\nUnder 49 CFR 383.93 Endorsements, an endorsement to a drivers CDL to transport\nhazardous materials is based on the definition of hazardous materials found in\n383.5. Since they do not meet the definition of a Hazardous Material as defined under\n383.5, a endorsement to the CDL is not required.\n§383.93 Endorsements.\nwho operate or expect to operate the types) of motor vehicles described in paragraph (b) of this section must pass\n(a) General. (1) In addition to passing the knowledge and skills tests described in subpart G of this part, all persons\ncomplete the tests.\nspecialized tests to obtain each endorsement. The State shall issue CDL endorsements only to drivers who successfully\n(2) The only endorsements allowed on a CLP are the following:\n(i) Passenger (P):\n(i) School bus (S); and\n(ili) Tank vehicle (N).\n(3) The State must use the codes listed in §383.153 when placing endorsements on a CLP or CDL\ncommercial motor vehicles which are:\n(b) Endorsement descriptions. An operator must obtain State-issued endorsements to his/her CDL to operate\n(1) Double/triple trailers:\n(2) Passenger vehicles:\n(3) Tank vehicles:\n(4) Used to transport hazardous materials as defined in S383.5, or\n(5) School buses.\n(b) of is serenient testing requirements. The following tests are required for the endorsemenis contained in paragraph\n(1) Doubie/Triple Trailers—a knowledge test:\n(2) Passenger—a knowledge and a skills test:\n(3) Tank vehicle-a knowledge test:\n(4) Hazardous Materies—a knowledge test and\n(5) Schoo: bus—a knowledge and a skills test.\n[E3 FR 2765*, vüly 21, 1928, as amended a: 67 FR 49763, Juy 31, 2002: 68 FR 23250. May 5, 2003: 76 FR 26857, May 9. 2011]\n3\n\n<<<PAGE 9>>>\n\nBased on the above, shipments of these materials when exceeding the RQ\nthresholds will:\n1. use the proper shipping name of \"NA3082 Other regulated substances, liquid, n.o.s.,\n(name of hazard inducer), 9, III RQ\" or \"UN3082, Environmentally hazardous substance,\nliquid, n.o.s., (name of hazard inducer), 9, III, RO\";\n2. be Marked as 3082 and NOT Placarded;\n3. not require a Hazardous Material endorsement to a drivers CDL\n4. not require a DOT specified tank vehicle","truncated":false,"body_characters":13832}