National Motor Freight Traffic Association, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 April 7, 2020 Lisa O’Donnell National Motor Freight Traffic Association, Inc 1001 North Fairfax Street, Suite 600 Alexandria, VA 22314 Reference No. 20-0019 Dear Ms. O’Donnell: This letter is in response to your March 3, 2020, email and phone conversation requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the non-bulk package aggregate gross weight placarding exception. Specifically, you describe a scenario in which non-bulk packages, such as drums, containing a hazardous material listed on Table 2 of § 172.504(e) are strapped to a pallet. You state that the gross weight of the hazardous material and non-bulk packages is under 1,001 lbs.; however, when the pallet and straps are considered in the shipment, the weight exceeds 1,001 lbs. You ask whether the weight of the pallet must be considered when determining the applicability of the 454 kg (1,001 lbs.) aggregate gross weight placarding exception in § 172.504(c) for non-bulk packages. The answer is no. The § 172.504(c) exception is based on the gross weight of the packaging and the hazardous materials being transported. Section 171.8 defines gross weight as “the weight of a packaging plus the weight of its contents.” Packaging means a receptacle and any other components or materials necessary for the receptacle to perform its containment function. In the scenario you described, the packaging is the non-bulk packaging. Thus, the pallet and straps are part of an overpack used for convenience in handling the packages or consolidating the packages together, they are not part of the packaging. Therefore, the weight of the overpack should not be considered when calculating the gross weight to determine whether it equals or exceeds the threshold amount of 454 kg (1,001 lbs.). I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Shane C. Kelley Shane Kelley Director, Standards and Rulemaking Division Office of Hazardous Material Standard#

Page 2P c ~~ 20-00 19 Dodd, Alice (PHMSA) From: Sent: To: Subject: Attachments: INFOCNTR (PHMSA) Tuesday, March 3, 2020 4:05 PM Hazmat lnterps FW: Formal Letter of Interpretation Request Interpretation Request on 49 CFR 172.504.pdf; ODonnel_LOl-3-3-20.docx Hello Alice and lkeya, Please see attached for letter of interpretation request. Thank you, Kathryn (HMIC) From: Lisa O'Donnell [mailto:Lisa.ODonnell@nmfta.org] Sent: Tuesday, March 3, 2020 3:05 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Formal Letter of Interpretation Request To Whom it May Concern: Please forward the attached request to PHH-10 so that we may receive a formal letter of interpretation. Thank you! Lisa Lisa O'Donnell National Motor Freight Traffic Association, Inc. 1001 North Fairfax Street, Suite 600 Alexandria, VA 22314 703-838-1838 MFTA National Motor Freight Traffic Association, Inc. 1#

Page 3National Motor Freight Tr affic Association, Inc. March 3, 2020 Mr. Shane Kelley Director, Standards and Rulemaking Division U.S. DOT/PHMSA (PHH-10) 1200 New Jersey Avenue, SE East Building, 2nd Floor Washington, DC 20590 RE: Application of 49 CFR §172.504{c) to Palletized Shipments of Hazardous Materials Dear Mr. Kelley: A National Motor Freight Traffic Association, Inc (NMFTA) carrier member received a pallet load of drums containing a hazardous material in a Hazard class or Division listed in §172.504(e), Placarding Table 2. While the aggregate gross weight of the hazardous material contained in drums plus the pallet was 1,001 pounds or greater, which precludes the use of the placarding exception specified in 49 CFR §172.504{c), the aggregate gross weight of the hazardous material contained in drums minus the pallet was under 1,001 pounds. Municipalities throughout the United States often impose more stringent requirements on transport vehicles containing hazardous materials that are placarded than on transport vehicles that are not placarded. These requirements, which include route restrictions, added fees and limited delivery hours, often cause delays or otherwise frustrate the transportation of hazardous materials. In this scenario, is there guidance PHMSA can provide to the carrier or the offerer to enable them to comply with the Hazardous Materials Regulations and, at the same time, permit the use of the placarding exception specified in 49 CFR §172.504{c)? Any help you can provide would be greatly appreciated. Sincerely, ~ /<J DDrmndL Lisa O'Donnell National Motor Freight Traffic Association, Inc. 1001 North Fairfax Street, Suite 600 Alexandria, VA 22314 odonnell@nmfta.org 703-838-1838 1001 North Fairfax Street, Suite 600 ♦ Alexandria, VA 22314-1798 ♦ ph: 703.838.1810 ♦ fax: 703.683.6296 web: www.nmfta.org • email: nmfta@ nmfta.org#