From: judith.hinds@dot.gov
To: dgordon@qccorporation.com
Sent: Tuesday, September 12, 2006 4:33 PM
Subject: [Norton AntiSpam] RE: Clarification of Class 9 Placard Exemption
Hi Don,
Your conclusion is correct and your understanding of the basic facts is mostly correct. (See comments
below in blue.)
Judith Hinds
Safety Program Manager
FMCSA - VT Division
PO Box 568
Montpelier, VT 05601
Tel. (802) 828-4480
Fax (802) 828-4424
(802) 828-4480 FREE
From: Don Gordon
To: Judith Hinds
Cc: Bob Watson ; Jason Gordon
Sent: Tuesday, September 12, 2006 2:55 PM
Subject: Clarification of Class 9 Placard Exemption
Judith,
I spoke with you in mid August this year to clarify the Class 9 placarding exemptions contained in 49 CFR
172.504 (f) (9). As I understand the information that you advised me about, the following facts apply to
Ferrous Sulfate, a 3077 Class 9 material with an RQ 1,000:
1. 49 CFR 172.502 (b)(2) : Exceptions – Prohibited placarding does not apply to the display of an ID
number on a white square on point type marking.
This is true but the correct cite is 172.502(a)(2).
2. An ID number on a white square on point type marking is not considered to be a placard.
(See 172.336 (b)) This is correct.
3. 49 CFR 172.504 (f)(9): Class 9 placards are not required for domestic (USA ground)
transportation. However a bulk package or Bulk Truck (i.e.: a Bulk Truck or bulk bag with
more than a Reportable Quantity of 172.101 Appendix A table 1 material) must be marked
with the ID number on a white square on point display.
This is true. 172.504(f)(9) also permits the ID number to be marked on a placard or an
orange panel, i.e. the white square-on-point is not your only option.
4. FMCSA 383.5: A CMV (commercial motor vehicle) requiring a CDL (commercial drivers license)
with hazardous materials endorsements is any size vehicle used in the transportation of
hazardous materials as defined in section (383) as a hazard under 49 CFR and required to
be placarded under Subpart F of 49 CFR part 172. This is correct.
Does this mean that QC Corp. can mark bulk bags of Iron Sulfate with 3077 on a plain white
diamond that is the same size as a placard (on 2 opposite sides of the bag) and then the truck can
be marked with the same 3077 on a plain white diamond the same size as a placard, and the driver
will NOT need a hazardous materials endorsement on the CDL? It is understood that our Bills of
Lading will have to contain the material description as: “Other regulated substances, solid, N.O.S., 9,
NA 3077, PG III, RQ (Ferrous Sulfate)”. Yes.
Does this also apply to Bulk Trucks (pneumatic or dump trucks) of Ferrous Sulfate (Class 9 material)
as long as the truck is marked with the same 3077 on a plain white diamond the same size as a
placard and drivers will not need a hazardous materials endorsement on the CDL? It is also
understood that our Bills of Lading will still have to contain the material description as: “Other
regulated substances, solid, N.O.S., 9, NA 3077, PG III, RQ (Ferrous Sulfate)”. Yes.
Does this also apply to Railroad Cars (Hopper cars or Box Cars and/or piggyback containers
containing bulk bags) containing Ferrous Sulfate as long as the trucks and/or Railcars are marked
with the same 3077 on a plain white diamond the same size as a placard and over the road
container truck drivers will not need a hazardous materials endorsement on the CDL? It is also
understood that our Bills of Lading will also have to contain the material description as: “Other
regulated substances, solid, N.O.S., 9, NA 3077, PG III, RQ (Ferrous Sulfate)”.
Yes, as far as the truck and CDL rules are concerned. I cannot speak to hopper cars or other RR
cars. I have no expertise in rail transportation. I know the basic rules are the same for all modes, and
I see no "quirks" in the placarding or marking sections regarding transportation of Class 9 by rail, but
I'm not comfortable making statements about railcars.
The confusion by both trucking and railroad carriers stems from the required Bills of Lading
material description of: “Other regulated substances, solid, N.O.S., 9, NA 3077, PG III, RQ
(Ferrous Sulfate)”. They are interpreting the Hazmat regulations as requiring their drivers to
have a CDL with a hazardous materials endorsement because of the Bills of Lading material
description.
Confusion between placarding requirements (172.500 series) and marking requirements
(172.300 series) is common. Hopefully this summary will clarify the difference.
What we need is an "OFFICIAL" interpretation of the 49 CFR and FMCSA 383.5 that we can give to
our carriers for their records. Specifically, we need your confirmation that Class 9 materials DO NOT
require placards (only Markings) nor do they require the truck drivers to have a CDL with hazardous
endorsement, as long as the BOL has the correct description as stated above.
Confirmed. For domestic transportation (within the U.S.).
Can you please accommodate our needs with your (and your Departments') clarification of the above
as soon as possible? Thank you again for your help in this matter.
Regards.
Don Gordon
QC Corporation
800-883-0010x14