Motor Carrier Compliance Office — Hazardous Materials Safety Interpretation

Page 1U.S. Department 400 Seventh Street, S.W. of Transportation Washington, D.C. 20590 Special Programs Research and Administration DEC 1 7 1999 Motor Carrier Compliance Office Captain Ken Carr Ref. No. 99-0291 Hazardous Materials Enforcement 1815 Thomasville Road Tallahssee, FL 32303-5750 Dear Capt. Carr: This is in response to your letter dated October 11; 1999, regarding permissive placarding under § 173.502 (c) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In your letter you describe the shipment of combustible liquids under § 173.150 (f) (2). Your questions have been paraphrased and answered as follows: Q1. May COMBUSTIBLE placards be displayed on a vehicle transporting a combustible liquid in a non-bulk packaging that is not a hazardous substance, a hazardous waste, or a marine pollutant. A1. The answer is ves. Section $ 172.502 (C) permits the display of placards for a hazardous material, even when not required, if the placards represent the hazard of the material being transported. Q2. If a carrier chooses to display placards on a vehicle transporting combustible liquids under the exception in § 173.150 (f) (2), is there a requirement to comply with other requirements of the HMR? A2. The answer is no. shipping paper, marking, appropriate placards even when not required, is not requirements. 173.150 990291#

Page 2Q3. If shipping papers are provided for a hazardous material that is excepted from the HMR, does any violation exist if the shipping papers are not executed in conformance with the HMR? A3. The answer is yes. If the shipper chooses to provide a hazardous materials shipping paper, the shipper must do so in accordance with all the requirements in Part 172, Subpart C. I hope this satisfies your request. Sincerely, Transportation Regulations Specialist Office of Hazardous Materials Standards#

Page 3BAH Florida Department of Transportation $173.150 JEB BUSH Tallahassee, Florida 32399-0450 605 Suwannee Street THOMAS F. BARRY, JR GOVERNOR SECRETARY 99-0291 October 11, 1999 U.S. Department of Transportation Office of Hazardous Materials Standards - DHM-10 Research and Special Programs Administration 400 Seventh St., S.W. Washington, DC 20590 Re: Request for interpretation. Adimary, the ishapter do compsi be liquid at sed 5 0om) sides quid int toat the packaging..." Simultaneous application of these two subsections appears to allow proper placarding of a vehicle bollutants, in non-bulk packaging, without having to conform to any other requirements such as shipping ransporting combustible liquids which are not hazardous wastes, hazardous substances, or marine papers, marking and labeling. We request written clarification to the following questions: liquids in non-bulk packagings, when they are the appropriate placards for the material and are displayed 1. Are we corréct in assuming that placards may be displayed on a vehicle transporting combustible correctly? 2. If the answer to question 1 is yes, if a carrier chooses to placard a vehicle transporting combustible packagings, is there any requirement that they comply with any other hazardous material transportation liquids which are not hazardous wastes, hazardous substances, or marine pollutants, in non-bulk regulation? 3. If hazardous materials shipping papers are present under circumstances in which they are not required, such as on a vehicle transporting combustible liquids which are not hazardous wastes not executed in conformance with the regulations, i.e., basic description out of sequence, no indication nazardous substances, or marine pollutants, in non-bulk packagings, does any violation exist if they are of amount, missing elements, etc? We appreciate your assistance in providing guidance on these issues. Captain Ken Carr Motor Carrier Compliance Office Hazardous Materials Enforcement 1815 Thomasville Road Tallahassee, FL 32303-5750 (850) 922-0180 kenneth.carr@dot.state.fl.us wp: nonbulk www.dot.state.fl.us * RECYCLED PAPER#