{"operation":"document","citation":"18-0075","title":"MH Group, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-03-13","effective_on":null,"summary":"18-0075 response to MH Group, LLC concerning 172.301, 172.332, 172.336, 172.504.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0075.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0075.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0075","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/70761/180075.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPlpellne and Hazardous\nMaterlal1 Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMAR 1 3 2019\nMr. Paul A. Perez\nSafety Director\nMH Group, LLC\n3524 US Highway 57\nEagle Pass, TX 78852\nReference No. 18-0075\nDear Mr. Perez:\nThis letter is in response to your May 10, 2018, letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the shipment of Class 9\nmaterials. You describe a scenario in which a bill of lading is presented to a carrier with an \"X\"\nmarked under the \"HM\" column. The following information is indicated on the bill of lading.\n21 SKIDS UN3268, SAFETY DEVICES CLASS 9, PG III WEIGHT 15,456 LBS\nWe have paraphrased and answered your questions as follows:\nQ 1. You ask if the safety devices are considered hazardous materials and subject to the HMR.\nA 1. The answer is yes. While Class 9 materials are excepted from placarding when being\ntransported domestically in accordance with§ 172.504(f)(9), the safety devices are fully\nregulated hazardous materials and subject to other relevant portions of the HMR, such as\nclassification, packaging, marking, and labeling. For example, as prescribed in\n§ 172.301(a)(3), the transport vehicle may require marking on each side and each end as\nspecified in the§ 172.332 or§ 172.336, with the identification number specified for the\nhazardous material in the § 172.101 Hazardous Materials Table (i.e., 3268), subject to the\nfollowing provisions and limitations:\n(i) Each package is marked with the same proper shipping name and identification\nnumber;\n(ii) The aggregate gross weight of the hazardous material is 4,000 kg (8,820\npounds) or more;\n(iii) All of the hazardous material is loaded at one loading facility;\n(iv) The transport vehicle or freight container contains no other material,\nhazardous or otherwise; and\n(v) The identification number marking requirement of this paragraph (a)(3) does\nnot apply to Class 1, Class 7, or to non-bulk packagings for which identification numbers\nare not required.\n\n<<<PAGE 2>>>\n\nQ2. You ask what placard, marking, or square on point is required on the transport vehicle if\nthe safety devices are considered hazardous materials in Q 1.\nA2. See Al.\nQ3. A3. You ask if the driver of the transport vehicle must have a hazardous materials\nendorsement on a commercial driver's license (CDL) to transport the safety devices.\nThe answer is no. Section 383.93 of the Federal Motor Carrier Safety Regulations\n(FMCSR) states that all persons who operate or expect to operate the type(s) of motor\nvehicles used to transport hazardous materials as defined in§ 383.5 are required to have a\nhazardous materials endorsement on a CDL. Section 383.5 of the FMCSR defines a\nhazardous material as any material that has been designated as hazardous under 49 U.S.C.\n5103 and is required to be placarded under Subpart F of 49 CFR Part 172 or any quantity\nof a material listed as a select agent or toxin in 42 CFR Part 73. Because Class 9\nmaterials are excepted domestically from placarding in§ 172.504(f)(9) of the HMR, a\nhazardous material endorsement on a CDL is not required to transport the safety devices.\nPlease note that while these Class 9 materials do not require placarding and are not\nsubject to a hazardous materials endorsement on a CDL, as established in Answer Al,\nthey are still considered hazardous materials. As such, they are subject to the Minimum\nLevels of Financial Responsibility for Motor Carriers as provided in 49 CFR Part 387. In\naccordance with§ 387.9, the transportation of these Class 9 materials requires the motor\ncarrier to have$ 1,000,000 public liability coverage.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n2\n\n<<<PAGE 3>>>\n\nMH GROUP, LLC\nTo whom it may concern:\nI am writing you, PHMSA, in hopes of receiving guidance and clarification pertaining to this\nsubject.\nLet me state that I am a carrier and not the shipper of the material. The shipper has presented\nme with a \"Bill of Lading\" mark with X under the HM column, they have described the material\nas\n21 SKIDS UN3268, SAFETY DEVICES CLASS9, PGIII Weight 15,456 LBS\nThe shipment is for domestic transportation and is a bulk shipment.\nThe shipper has referred 49CFR172.504(f)(9), stating that this is not a hazardous material and\ndoes not require placarding nor a HAZMAT CDL endorsement.\nQuestion 1- ls this material subject to the requirements of the HMR?\nQuestion 2 - is this material hazardous material ?\nQuestion 3 -172.504(f)(9) appears to address placarding requirements, what is the required\nplacard, marking or square on point needed on outside of the transport vehicle? ( If this\nmaterial is a hazardous material it appears to need to be marked with a white square on point\nor orange label. )\nQuestion 4- ls a hazardous material endorsement on a commercial driver's license (CDL)\nrequired to transport this material? (FM CSA 49CFR397.1 (a) The rules in this part apply to each\nmotor carrier engaged in transportation of hazardous material by a motor vehicle which must\nbe MARKED or PLACARDED in accordance to 177.823 ofthis title.)\nPaul A Perez/ Safety Director\np~~~,~/ 915-300-9799","truncated":false,"body_characters":5333}