Minnesota Department of Transportation — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington. D.C. 400 Seventh Street, SW 20590 Special Programs Research and Administration MAR 20 1998 Mr. Michael Ritchie Office of Motor Carrier Services Minnesota Department of Transportation 1110 Centre Pointe Curve Mendota Heights, MN 55118 Dear Mr. Ritchie: This is in further reference to your August 7, 1997 letter and my January 16, 1998 response concerning the placarding requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). The response to "Q1" was in error and is corrected. Also, the response to "Q3" is revised for clarity. Q1. A truck in interstate commerce is carrying 800 pounds of "Chlorine, 2.3, UN1017", a poisonous gas with subsidiary hazard Class 8 (corrosive), in non-bulk cylinders with no other hazardous material on board. What placard(s) are required? A1. The POISON GAS placard is required, as prescribed by § 172.504(e), Table 1. Q2. A truck in interstate commerce carries 1,500 pounds of "Chlorine, 2.3, UN1017," a poisonous gas with subsidiary hazard Class 8 (corrosive), in non-bulk cylinders with no other hazardous material on board. What placard(s) are required? Since the load exceeds 454 kg. has the placarding requirement changed because of the subsidiary hazard? A2. The answer is the same as in Al. The fact that the load exceeds 454 kg does not alter the placarding requirement. Q3. A truck in interstate commerce, carries in non-bulk packagings, 800 pounds of "Bromine, 8, UN1744, PG I," a poisonous-by-inhalation Hazard Zone A material that is corrosive and has a subsidiary hazard class of Division 6.1 (poisonous material). What placard(s) are required? :#

Page 2• A3. Both CORROSIVE and POISON INHALATION HAZARD placards are required, as prescribed by § 172.504(e) Table 2, and § 172.505(a), respectively. The 454 kg (1,001 pounds) exception in § 172.504(c) does not apply to a material such as bromine, which is required to display a subsidiary POISON INHALATION HAZARD placard in accordance with § 172.505(a). I hope this information is helpful. Should you have further questions, please contact us. Sincerely, Hathe Z. Mitchell Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards ...=... .... ...: 2#

Page 3• of Transportation US Department "w...... Research and Administration Special Programs ж: ! 7 1035 President Mr. John V. Currie • Currie Associates 1601 Bay Road Lake George, NY 12845-9742 Dear Mr. Currie: This is in response to your letter dated August 17, 1994, requesting clarification of the placarding requirements in 49 any once for the delay in responding and hope that it has not caused you CFR 172.504. any inconvenience. Paragraph (c) of § 172.504 has been revised to allow the 454 kg (1,001 pounds) placarding exception for any material covered in Table 2 other than those materials that are poisonous-by-inhalation. requirement to placard for the other Table 2 hazardous materials on a This eliminates the transport vehicle, but have an aggregate gross weight of less than 454 kg (1,001 pounds). that is poisonous-by-inhalation and also meets another hazard class must be For example, as prescribed in § 172.505(a), any material placarded in accordance with § 172.504, regardless of the aggregate gross weight. If we can be of further assistance, please feel free to contact us. Sincerely, sima -Biding Delmer F. Billings Chief, Office of Hazardous Materials Standarads Regulations Development : ! • 181/177.504 :#

Page 41 . ; 1 • Transportatic Deportme Research and Special Programs Administration • MAR 20 1998 Mr. Michael Ritchie Office of Motor Cartier Services • 1110 Centre Pointe Curve Minnesota Department of Transportation Mendota Heights, MN 55118 Dear Mr. Ritchie: This is in further reference to your August 7, 1997 letter and my January 16, 1998 response concerning the placarding requirements under the Hazardous Materials Regulations (ÉMIR; 49 to patis revised for Tarirespons eo ', was in eror and is corrected, Also, the response Q1. A truck in interstate commerce is carrying 800 pounds of "Chlorine, 2.3, UN1017", a poisonous gas with subsidiary hazard Class 8 (corrosive), in non-bulk cylinders with no other hazardous material on board. What placard(3) are required? A1. The POISON GAS placard is required, as prescribed by § 172,504(c), Table 1. Q2. A truck in interstate commerce carries 1,500 pounds of "Chlorine, 2.3, UN1017," a poisonous gas with subsidiary hazard Class 8 (corrosive), in non-bulk cylinders with no ther hazardous material on board. What placard (s) are required? Since the loac xceeds 454 kg, has the placarding requirement changed because of the subsidiar A2. The answer is the same as in Al. The fact that the load exceeds 454 kg does not alter the placarding requirement. 03. A truck in interstate commerce, carries in non-bulk packagings, 800 pounds of "Bromine, 8, UN1744, PG1," a poisonous-by-inhalation Hazard Zone A material tha i cor pacan ae ae ulelia y hazard clas or Divion 6. (poisonous material). ** 11331 -[545 995 202 - **0** - *****////*****//******** 200/200 28095/259T = X0 700 SWAN WODON ON 940 AWEN NOTLULS •ON aNCHda E1 'ON 20 N 3 80:0 02-204=003 20:002-2=1201S T0:***80:T[W[1**8661-82-X 31 ************ - TuNanr "WDO- ******#

Page 5MINNESOTA Minnesota Department of Transportation Bette Office of Motor Carrier Services GNB Building, MS420 Tie 172.506 271 1110 Centre Pointe Curve 612/405-6060 Mendota:Heights, MN 55118 Sc. 270, TDD: 612/405-6072 Fax: 612/405-6082 August 7, 1997 Thomas G. Allen Deputy Director Office of Hazardous Materials Standards : US DOT/ RSPA 400 Seventh St. S.W Washington, D.C. 20590 Re: Request for interpretation of placarding regulations. 49 CFR 172.504 requires placarding of transport vehicles and freight containers carrying hazardous materials. Paragraph ( c) of that section gives the exceptions from placarding for loads of less than 454 kg.. Paragraph ( C) also states that the "454 kg. exception" does not apply to bulk packagings or hazardous materials subject to section 172.505. My office has received complaints of inconsistent interpretations and enforcement of the placarding requirements for materials that are designated as poison inhalation hazards by the hazardous materials table and section 172,203(m). The complainant is a Minnesota based interstate carner of hazardous materials, who reports they have been inspected and found with no defects in one state, and then crossed a state line with the same exact load and placards and have been cited for improper placarding. They have requested immediate assistance and written clarification of the placarding requirements for hazardous materials with primary or subsidiary PI classifications. They have provided the following examples: 1. A truck in interstate commerce is carrying 800 pounds of "Chlorine, 2.3, UN1017" in 23 non-bulk cylinders. Chlorine has a Class & subsidiary hazard. No other hazmat is on the truck. What placard(s) are required? 2. A truck in interstate commerce carries 1500 pounds of "Chlorine, 2.3, UN1017" in non- 131 bulk cylinders. No other hazmat is carried. What placard(s) are required? Since the load exceeds 454 kg. has the placarding requirement changed because of the subsidiary hazard? 3. A truck in interstate commerce carries 800 pounds of "Bromine, 8, UN1744, PG I' in non-bulk packaging. Bromine has a subsidiary hazard of Division 6.1, and is designated a PIH material in hazard zone A by Special provision 1 on the hazardous materials table. No other hazmat is carried. What placard(s) are required? An equal opportunity employer#

Page 61 ."." The carrier reports they transport Chlorine frequently, and they will comply with all placarding requirements. They intend to carry a copy of the RSPA interpretation letter in their trucks. Thank you for your assistance in this matter. Please send your response to me at the address (612) 405-6120. below, or fax it to me at (612) 405-6082. If you have any questions, my direct telephone is Yours truly, Michael Ritchie Hazardous Material Specialist Minnesota Department of Transportation Office of Motor Carrier Services 1110 Centre Pointe Curve Mendota Heights, MIN 55118#

Page 7" i- :.. MEMORANDUM OF CAL Previous editions usable то: Hattie Drawscheroen aro OF (orgagation) somp. as Friser ? ) 5= PLEASE PHONE D L AUTOVON 262-872-4723 149/000305 L WILL CALL AGAIN L IS WAITING TO SEE YOU MESSAGE RETURNED YOUR CALL WISHES AN APPOINTMENT Re: Michell Ritchie It (1/44/98) belun * US. GPO 1990 - 262-080 by G$A 24002300 210002 i.:" ::744#