Mr. Gerald L. Blase — Hazardous Materials Safety Interpretation

Page 1• of Transportation US. Department Vas singion, D.C. 15.5 20590 Research and Administration special Programs AUG 1 3 1999 Mr. Gerald L. Blase Ref. No. 99-0193 Manager, Asplundh Railroad Division 708 Blair Mill Road Willow Grove, PA 19090-1784 Dear Mr. Blase: This is in response to your letter dated July 20, 1999, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR 171-180) as they relate to the transportation of Class 9 hazardous materials. Specifically, you ask whether a CLASS 9 placard is required to be. displayed for domestic transportation. As provided by § 172.504 (f)(9), the answer is no; a CLASS 9 placard is not required for domestic transportation. This exclusion from the CLASS 9 placarding requirement applies to both non-bulk and bulk packages. Each non-bulk package must be marked with the proper shipping name and identification (ID) number as provided for by § 172.301 and must display a CLASS 9 Label as provided by § 172.400. In addition, if a non-bulk package contains a hazardous substance, the letters "RQ" must be marked on the package in association with the proper shipping name as provided for by § 172.324. Each bulk package must be marked on each side and each end with the appropriate ID number displayed on a placard, orange panel, or when appropriate a white square-on-point configuration. However, if a carrier chooses to display CLASS 9 placards on a bulk package, the ID number may be displayed on the placard or orange panel as provided by § 172.332(c). I hope this information is helpful. Should you have further questions, please contact us. Sincerely, Hatte a mither Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards cc: West Virginia Public Service Commission 8136 172.504 990193#

Page 2ASPLUNDE Belts ASPLUNDH RAILROAD DIVISION 5172.504 708 BLAIR MILL ROAD, WILLOW GROVE, PA 19090-1784 • AREA CODE 215 • TELEPHONE 784-4206 • FAX 784-1366 99-0193 Tuesday, July 20, 1999 US Dept. Of Transportation Resources & Special Projects Adm. A00 Ha. Mat. Standards DHM10 Washington, DC Street 20590 Dear Sir/Madam: suggests I present my problem to you for a determination to be made on In discussions with Mr. Raymond I. LaMagdelaine of your office, he the facts, and a written statement issued. Some of the products which we transport are listed in APPENDIX A and classed as "Other Regulated Substances" which do not require placards. However ID numbers may apply to certain shipments, only if the "RQ".. single container. (in our case 100 lb.) of the active is ingredient is packaged in a bulk containers. None of these products are transported by us in It is our understanding of the regulations, edition) section 172.504 (f) (9). the Identification number in a white. 49. CFR (October: 1, 1998 marking for this shipment, and that a CLASS 9 Placard is NOT REQUIRED : C: square on point display configuration is an acceptable and PROPER FOR DOMESTIC SHIPMENTS. 188S.X33 Our drivers are being cited, and in one instance | see Citation enclosed) the vehicle was placed "Out of Service" for not having a • 0% 00: Class 9 Placard displayed ( the ID # was properly displayed) and Class 9. The Citation also lists not having W.Va. Hazardous Material. remained "out of service" until the driver switched the Placard to a = Credentials which are required for "Bulk Carriers of Haz. Mats. of 3,500 gal or 468 cu.ft. in a single container (which is a State issue) Is my understanding regulations correct? and interpretations of the Class 9 Placard so that my drivers will have it available when they are challenged on Can you please send me a written determination. this issue. Also, is it possible to remove this particular out of vehicle service violation that was properly marked 0101328 since we WERE moving a 177.823A) I appreciate your assistance in this matter. sincerely! Grabel Blase. Gerald L. Blase Manager Asplundh Railroad Division enclosure: WV report # 00227965#