{"operation":"document","citation":"24-0068","title":"Excel Drayage, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2025-06-27","effective_on":null,"summary":"24-0068 response to Excel Drayage, LLC concerning 172.504, 173.220.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0068.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0068.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0068","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2025-06/240068.pdf","body":"<<>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nJune 27, 2025\nJustin Valanos\nExcel Drayage, LLC\n15501 Texaco Ave\nParamount, CA 90723\nReference No. 24-0068\nDear Mr. Valanos:\nThis letter is in response to your July 23, 2024 email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the hazardous materials\n(hazmat) endorsement on a commercial driver’s license (CDL) and other transportation\nrequirements. You describe a scenario in which your company transports shipping containers\nthat each have one to three electric or hybrid vehicles from ports to customer locations and back\nto the ports. Your understanding is that these vehicles are classed as Class 9 hazmat. You ask\nseveral questions regarding the transportation of these containerized vehicles.\nWe have paraphrased and answered your questions as follows:\nQ1. Are my company hazmat drivers required to have a hazmat endorsement on their CDL, or\nany specialized training in order to deliver the containers to and from the port?\nA1. The endorsement requirements for a commercial driver’s license (CDL) (See 49 CFR\nPart 383) are under the purview of the Federal Motor Carrier Safety Administration\n(FMCSA). FMCSA is the lead Federal government agency responsible for regulating and\nproviding safety oversight of commercial motor vehicles. You may wish to contact\nFMCSA should you require clarification of any requirements relevant to CDLs.\nRegarding any required specialized training, this depends on how the vehicles are\nclassified by the shipper, how they are offered to your company as the carrier, and\nwhether exceptions to the HMR apply. For example, vehicles classified and described as\n“UN3171, Battery-powered vehicle” are subject to packaging and transportation\nrequirements of § 173.220. When transported by motor vehicle, shipments made under\n§ 173.220 are generally not subject to any requirements of the HMR other than those in\nthat section. Otherwise, hazmat employees such as drivers and persons who load and\nunload transport vehicles are subject to training requirements. Please review information\n\n<<>>\n\non training requirements at https://www.phmsa.dot.gov/training/hazmat/training-\nrequirements-industry.\nQ2. Are the shipping containers required to display placards?\nA2. No. In accordance with § 172.504(f)(9), a Class 9 placard is not required for domestic\ntransportation of Class 9 materials, including the portion of international transportation\nthat occurs in the United States. Furthermore, as stated in answer A1, motor vehicle\nshipments of vehicles that meet the packaging and transportation requirements of\n§ 173.220 are generally not subject to any other requirements of the HMR, including\nplacarding, when transported by motor vehicle. Therefore, if properly classified and\ndescribed by the shipper and transported in accordance with § 173.220, the shipping\ncontainers would also not be required to display placards under this section.\nQ3. Must the hazmat driver carry any documentation such as a shipping paper or emergency\nresponse information while moving these containers?\nA3. See answers A1 and A2.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nCardez\n24-0068\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Intemperate Request - Class 9 Hazard / Non-Bulk\nDate: Monday, August 5, 2024 10:28:43 AM\nHi Alice,\nPlease see the below interpretation request.\nLet me know if you have any questions on anything.\nRegards,\n-Breanna\nFrom: Justin Valanos \nSent: Tuesday, July 23, 2024 4:43 PM\nTo: INFOCNTR (PHMSA) \nSubject: Intemperate Request - Class 9 Hazard / Non-Bulk\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\nPHMSA Hazardous Materials Information Center\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nDear PHMSA:\nI represent a company that does drayage trucking in the Long Beach/San Pedro ports.\nWe pick up shipping containers from the ports and deliver them to our customers and\nthen return said containers back to the port. We handle both import and export\ncontainer loads.\nOne of our main customers does internation automobile shipping, so the containers\neach have 1-3 automobiles in them when going on or off the vessel.\n\n<<>>\n\nMy question is now that we are running into more and more \"electric and hybrid\" cars - I\nknow they are classified as a class 9 non-bulk hazard.\n1. Are my drivers required to have a Hazmat endorsement on their CLD, or any\nspecialized training in order to deliver the containers to and from the port?\n2. Are the containers required have placards?\n3. Is there any documentation the driver will need while moving these containers?\nThank you,\nJustin Valanos\nExcel Drayage LLC\n562-204-6685\n714-371-3936(Cell)\nUSDOT#3973399\nMC#1485491\nCA#620239","truncated":false,"body_characters":5302}