how to comply with federal hazardous materials regulations

8/18/2019 How to Comply With Federal Hazardous Materials Regulations

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How to Comply with Federal Hazardous Materials Regulations

http://www.fmcsa.dot.gov/regulations/hazardous-materials/how-comply-federal-hazardous-materials-regulations

This document provides only a general overview of the requirements for transporting hazardousmaterials by highway.

For more specific requirements, carriers and shippers should consult the most current edition of! "F# $arts %&&-%'(. )otor carriers should also consult the Federal )otor "arrier *afety#egulations.

TABLE OF CONTENT

+verview

pplicabilityazardous )aterials *hipper and "arrier #esponsibilitiesazardouos )aterialsazardous )aterials "ommunications #equirementsazardous )aterials Training #equirementsmergency #esponse #equirementsazardous )aterials $acaging"ompatibility and 0loc and 0racing by ighway

ppendi1 - 2efinitionsppendi1 0 - 2irectory of +)" #egional +ffices

ppendi1 " - *ources of $ublications

O!ER!"E#

The *ecretary of the 2epartment of Transportation receives the authority to regulate thetransportation of hazardous materials from the azardous )aterials Transportation ct 3)T4,as amended and codified in ! 5.*.". (%&% et seq. The *ecretary is authorized to issueregulations to implement the requirements of ! 5.*.". The $ipeline and azardous )aterials*afety dministration 3$)*4 3formerly the #esearch and *pecial $rovisions dministration

3#*$44 was delegated the responsibility to write the hazardous materials regulations, which arecontained in ! "F# $arts %&&-%'&. 6n order to accomplish his responsibilities under the )Tthe *ecretary 7...may authorize any officer, employee, or agent to enter upon inspect, ande1amine, at reasonable times and in a reasonable manner, the records and properties of persons tothe e1tent such records and properties relate to: 3%4 the manufacture, fabrication, maring,maintenance, reconditioning, repair, testing, or distribution of pacages or containers for use byany 7person7 in the transportation of hazardous materials in commerce8 or 394 the transportationor shipment by any 7person7 of hazardous materials in 7commerce.7

http://www.fmcsa.dot.gov/regulations/hazardous-materials/how-comply-federal-hazardous-materials-regulations#overview

http://www.fmcsa.dot.gov/regulations/hazardous-materials/how-comply-federal-hazardous-materials-regulations#applicability

http://www.fmcsa.dot.gov/regulations/hazardous-materials/how-comply-federal-hazardous-materials-regulations#hms

http://www.fmcsa.dot.gov/regulations/hazardous-materials/how-comply-federal-hazardous-materials-regulations#hm

http://www.fmcsa.dot.gov/regulations/hazardous-materials/how-comply-federal-hazardous-materials-regulations#hmc

http://www.fmcsa.dot.gov/regulations/hazardous-materials/how-comply-federal-hazardous-materials-regulations#hmt

http://www.fmcsa.dot.gov/regulations/hazardous-materials/how-comply-federal-hazardous-materials-regulations#err

http://www.fmcsa.dot.gov/regulations/hazardous-materials/how-comply-federal-hazardous-materials-regulations#hmp

http://www.fmcsa.dot.gov/regulations/hazardous-materials/how-comply-federal-hazardous-materials-regulations#compatibility

http://www.fmcsa.dot.gov/regulations/hazardous-materials/how-comply-federal-hazardous-materials-regulations#appendixa

http://www.fmcsa.dot.gov/regulations/hazardous-materials/how-comply-federal-hazardous-materials-regulations#appendixb

http://www.fmcsa.dot.gov/regulations/hazardous-materials/how-comply-federal-hazardous-materials-regulations#appendixc

http://www.fmcsa.dot.gov/regulations/hazardous-materials/how-comply-federal-hazardous-materials-regulations#applicability

http://www.fmcsa.dot.gov/regulations/hazardous-materials/how-comply-federal-hazardous-materials-regulations#hms

http://www.fmcsa.dot.gov/regulations/hazardous-materials/how-comply-federal-hazardous-materials-regulations#hm

http://www.fmcsa.dot.gov/regulations/hazardous-materials/how-comply-federal-hazardous-materials-regulations#hmc

http://www.fmcsa.dot.gov/regulations/hazardous-materials/how-comply-federal-hazardous-materials-regulations#hmt

http://www.fmcsa.dot.gov/regulations/hazardous-materials/how-comply-federal-hazardous-materials-regulations#err

http://www.fmcsa.dot.gov/regulations/hazardous-materials/how-comply-federal-hazardous-materials-regulations#hmp

http://www.fmcsa.dot.gov/regulations/hazardous-materials/how-comply-federal-hazardous-materials-regulations#compatibility

http://www.fmcsa.dot.gov/regulations/hazardous-materials/how-comply-federal-hazardous-materials-regulations#appendixa

http://www.fmcsa.dot.gov/regulations/hazardous-materials/how-comply-federal-hazardous-materials-regulations#appendixb

http://www.fmcsa.dot.gov/regulations/hazardous-materials/how-comply-federal-hazardous-materials-regulations#appendixc

http://www.fmcsa.dot.gov/regulations/hazardous-materials/how-comply-federal-hazardous-materials-regulations#overview



The hazardous materials regulations have changed significantly over the last several years. Thesechanges were first introduced in 2ocet )-%'% which provided for the harmonization of the5nited *tates hazardous materials regulations with international standards in order to facilitateforeign trade and maintain the competitiveness of 5.*. goods.

The applicability of the hazardous materials regulations was e1tended to all intrastate shipmentsof hazardous materials by highway effective +ctober %, %!!', as published in the final rule,2ocet )-9&& dated ;anuary ', %!!<. This final rule also provided e1ceptions for 7materials of trade7, 7agricultural operations7 and certain non-specification pacaging used in commerce.

*pecial agents of the 2epartment of Transportation can not be denied reasonable access to thoseareas that fall within the official scope of their duties. The *ecretary has delegated this authorityto the Federal viation dministration 3F4, Federal )otor "arrier *afety dministration3F)"*4, Federal #ailway dministration 3F#4, $ipeline and azardous )aterials *afetydministration 3$)*4, and the 5nited *tates "oast =uard 35*"=4.

The =overnment $rinting +ffice has made the Federal #egister and ! "F# available on the6nternet. The >eb site for the Federal #egister is http://www.gpoaccess.gov/fr/inde1.html. The>eb site address for ! "F# ishttp://www.gpoaccess.gov/cfr/inde1.html. "larifications of therequirements contained in the Federal azardous )aterials #egulations and the )otor "arrier*afety #egulations may be found at http://www.fmcsa.dot.gov/rulesregs/fmcsrhome.htm.

A$$L"CAB"L"T%

The hazardous materials regulations are applicable to the transportation of hazardous materials incommerce and their offering to:

%. 6nterstate, intrastate, and foreign carriers by rail car, aircraft, motor vehicle and vessel.

9. The representation that a hazardous material is present in a pacage, container, rail car,aircraft, motor vehicle or vessel.

?. The manufacture, fabrication, maring, maintenance, reconditioning, repairing or testingof a pacage or container which is represented, mared, certified or sold for use in thetransportation of hazardous materials 3! "F# %<%.%3a44

&ENERAL 'OT HA(AR'O) MATER"AL RE&)LATOR% RE*)"REMENT

7@o person may offer or accept a hazardous material for transportation in commerce unless that person is registered in conformance with subpart = of $art %&< of this chapter, if applicable, andthe hazardous material is properly classed, described, pacaged, mared, labeled, and incondition for shipment as required or authorized...73! "F# %<%.93a44

5nderlined in the preceding e1tract from the azardous )aterials #egulations are threeimportant terms8 7person,7 7offeror7 and 7commerce7 3*ee ppendi1 2efinitions4. The wordshipper is frequently used by industry in place of the word 7offeror.7 For the purpose of this

http://http/www.gpoaccess.gov/fr/index.html


http://http/www.gpoaccess.gov/cfr/index.html

http://www.fmcsa.dot.gov/rules-regulations/administration/fmcrshome.htm



http://http/www.gpoaccess.gov/cfr/index.html




document only, the term shipper and 7offeror7 are used interchangeably. These three words areimportant in that they define when you are subAect to the Aurisdiction of the 2epartment ofTransportation. dditionally, you may be subAect to the requirements of other Federal and/or*tate Baws.

FE'ERAL &O!ERNMENT AN' &O!ERNMENT CONTRACTOR

)ost Federal gencies including the 2epartment of 2efense are considered 7offerors7 when theyship hazardous materials by commercial carriers. 6n those rare instances where governmentalagencies transport hazardous materials in commerce on government vehicles/aircraft, the agencyis also considered a carrier. "ontractors are fully subAect to the requirements of the Federalhazardous materials transportation law.

The 5niformed *ervices of the 5nited *tates generally are not subAect to the commerce clause of the "onstitution. Therefore, military shipments, transported on military vehicles or aircraft arenot subAect to Federal Aurisdiction. owever, many states require military movements by

highway to conform to ! "F# or compatible state regulations. 2+2 and *ervice #egulationsalso require compliance with ! "F# $arts %&&-%'&. >hen in peacetime, the military services procure commercial transportation, 3offering into commerce4, the military is engaged incommerce and required to comply with ! "F#

HM RE&"TRAT"ON

7$ersons7 who offer for transportation, or transport in foreign, interstate or intrastate commerce:3a4 any highway route controlled quantity of a "lass < 3radioactive4 material8 3b4 more than 9( g3(( lbs.4 of a 2ivision %.%, %.9, or %.? 3e1plosive4 material in a motor vehicle, rail car or freightcontainer8 3c4 more than % B per pacage of a material e1tremely poisonous by inhalation8 3d4 a

hazardous material in a bul pacaging having a capacity of ?,(&& gals. for liquids or gases, ormore than C' cubic feet for solids8 3e4 a shipment in other than bul pacaging of (,&&& lbs.gross weight or more of one class of hazardous material for which the transport vehicle requires placarding8 3f4 any quantity of materials requiring placarding. The following are e1cepted fromthe registration requirement:

%. n agency of the Federal =overnment

9. *tate gency

?. n agency or political subdivision of a *tate

. n employee of 3%4-3?4

(. hazmat employee 3including an owner operator of a motor vehicle leased to aregistered motor carrier for ?& days or more4.

C. person domiciled outside the 5nited *tates who offers ) solely from outside the5nited *tates. 3*ee ! "F# %&<.C&C3a43C4 for e1ceptions and reciprocity.4



<. #egistration is required annually and includes a fee. For additional information on theregistration requirement, you may call %-'&&-C<-!99 or 39&94 ?CC-%&!.

) $#)6TT6@= - ! "F# ?'(.&&

fter ;anuary %, 9&&(, the Federal )otor "arrier *afety dministration 3F)"*4 requires motor carriers to obtain a azardous )aterials *afety $ermit 3)*$4 prior to transporting certainhighly hazardous materials. n )*$ is required to transport any of the following materials:

%. highway route-controlled quantity of a "lass < 3radioactive4 material8

9. )ore than 9( g 3(( pounds4 of a 2ivision %.%, %.9, or %.? 3e1plosive4 material or anamount of a 2ivision %.( 3e1plosive4 material requiring placarding under ! "F# %<98

?. )ore than one liter 3%.&' quarts4 per pacage of a 7material poisonous by inhalation,7that meets the criteria for 7hazard zone 78

. 7material poisonous by inhalation,7 that meets the criteria for 7hazard zone 0,7 in a bul pacaging 3capacity greater than C& B 3%%! gallons448

(. 7material poisonous by inhalation,7 that meets the criteria for 7hazard zone ",7 or7hazard zone 2,7 in a pacaging having a capacity equal to or greater than %?,9' B3?,(&& gallons48 or

C. shipment of compressed or refrigerated liquefied methane or liquefied natural gas, orother liquefied gas with a methane content of at least '( percent, in a bul pacaginghaving a capacity equal to or greater than %?,9' B 3?,(&& gallons4.

)otor carriers will be required to apply for a )*$ the ne1t time they are scheduled to file the)"*-%(& form after ;anuary %, 9&&(. ll motor carriers, including interstate, intrastate andforeign carriers must comply with this regulation. For more information you may call 9&9-?CC-C%9%.

ENFORCEMENT

The )odal gencies have established their own programs to prioritize their inspection activitiesof transporters of hazardous materials. $ipeline and azardous )aterials *afety dministration,in addition to the )odal gencies have selection criteria for shippers8 7offerors7, that are similar

i.e. 3%4 6nvestigation of nown shipper violations discovered during carrier audits, 394 @on-frivolous written complaints alleging violations of the Federal azardous )aterials #egulations,3?4 @#" and 2+T ('&&.%, spill and hazmat incident reports, 34 #eferrals from othergovernmental agencies and special investigations targeting high ris hazardous materials such ase1plosives and certain radioactive materials. 6n almost all instances these shipper inspections areunannounced.



6n the event that inspection of your hazardous materials operations discloses violations of thehazardous materials regulations, you may be subAect to civil and/or criminal penalties.

$ENALT"E $ER !"OLAT"ON +,-./01

C"!"L )D6)5) E<(,&&&.&&

CR"M"NAL2

"N'"!"')AL 304,5,,,.,,

"+#$+#T6+@ E(&&,&&&.&&

E(&.&& if related to Training E%<(,&&&.&& if violation resulted in death, serious illness or severe inAury to any person orsubstantial property damage

3Bevels of fine from %' 5.*.". and includes provision for imprisonment for not more than (years.4

lthough the Federal =overnment is e1empt from the penalty provisions, 3*ee definition of7person7 on page 9C of this .+.4 employees of the federal government are not e1empt under the)T.

HA(AR'O) MATER"AL H"$$ER RE$ON"B"L"T"E

• 2T#)6@ >T# )T#6B

)T* T 2F6@6T6+@ +F

7G#2+5* )T#6B7

• $#+$# *6$$6@= @)

• "B**/26H6*6+@

• 62@T6F6"T6+@ @5)0#

• G#2 >#@6@= B0B

• $"I=6@=

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6@F+#)T6+@

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• "#T6F6"T6+@

• "+)$T606B6TJ

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• )$B+J T#6@6@=

• *"5#6TJ $B@

• 6@"62@T #$+#T6@=

Bisted above are the maAor responsibilities of ) shippers.=eneral shipper responsibilities are contained in ! "F# $art%<?. 6dentification of a hazardous material is the first step, andfrequently the most difficult. +f all the shippers 3offerors4responsibilities, the requirement to properly classify ahazardous material is very important. 6t is from the properidentification of the hazardous materials that the other

requirements are based on. list of all material regulated by the 2+T is located in section%<9.%&%

The current ! "F# is consistent with the international requirements. owever, there are somedifferences in the requirements for shipment by international air, international vessel, andshipments to and from "anada. The )# addresses the requirements for the movement ofshipments prepared in accordance with the international and "anadian regulations in ! "F#sections %<%.%9 and %<%.99.

HA(AR'O) MATER"AL CARR"ER RE$ON"B"L"T%

• *6$$6@= $$#

• $B"#2 @2 )#I H6"B

• B+26@= @2 5@B+26@=

• "+)$T606B6TJ

• 0B+"I6@= @2 0#"6@=

• 6@"62@T #$+#T6@=

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• )$B+J T#6@6@=

This list above contains some of the maAor responsibilities of ) carriers. "arrier and offeror3shipper4 responsibilities frequently overlap. >hen a motor carrier performs a shipper function,the carrier is responsible for performing that function in accordance with ! "F#. The cargospace of the vehicle should be suitable for the material being shipped. The vehicle itself must be



in sound mechanical condition. The carrier must chec to insure that the material offered by theshipper is properly described and pacaged. 6n addition to the provisions of ! "F# $arts %&&-%'&, interstate motor carriers of placarded loads must comply with the hazardous materialsrequirements in ! "F# $art ?!<.

"NC"'ENT RE$ORT"N&

6mmediate notification of a hazardous materials incident by a carrier is required at the earliest practical moment for incidents that occur during the course of transportation 3including loading,unloading, and temporary storage4 in which as a direct result of the hazardous materials any oneor more of the following occurs:

%. person is illed8

9. person receives an inAury requiring admittance to a hospital8

?. The general public is evacuated for one hour or more8

. maAor transportation artery or facility is closed or shut down for one hour or more8 or

(. Fire, breaage, spillage, or suspected radioactive contamination occurs involving aradioactive material8

C. Fire, breaage, spillage, or suspected contamination occurs involving an infectioussubstance other than a diagnostic specimen or regulated medical waste8

<. release of a marine pollutant occurs in a quantity e1ceeding (&B 3%%! gallons4 for a

liquid or && g 3''9 pounds4 for a solid8 or

'. situation e1ists of such a nature 3e.g., a continuing danger to life e1ists at the scene ofthe incident4 that, in the Audgment of the person in possession of the hazardous material,it should be reported to the @ational #esponse "enter even though it does not meet theother criteria.

ach notice shall be given telephonically to the 2epartment at 3'&&4 9-''&9. 6ncidentsinvolving etiologic agents may be made to the "2" at 3'&&4 9?9-&%9. For content of report andadditional information, please see %<%.%(.

written report shall be submitted on 2+T Form F ('&&.% for all incidents involving thetransportation of hazardous materials unless e1cepted. 2etailed reporting requirements arecontained in %<%.%C.

HA(AR'O) MATER"AL TABLE

Table of azardous )aterials and *pecial $rovisions



The purpose of the table is to assign proper shipping names, class and division, and guidance for pacaging and handling requirements for hazardous materials. 6t is important to remember toread the instructions contained in front of table %<9.%&% when using this section. )any violationsoccur because individuals fail to review these instructions. 6nformation that is available from theTable consists of: symbols that determine applicability, proper shipping name and shipping

description, hazard class or division, identification number, pacing group, label3s4 required,special provisions, pacaging authorizations, quantity limitations aboard aircraft, and vesselstowage requirements.

HA(AR'O) MATER"AL

The definition of G#2+5* )T#6B* includes thosematerials designated by the *ecretary of the 2epartment ofTransportation as posing an unreasonable threat to the publicand the environment. The term 7azardous )aterials7 includesall of the following: 3%4 azardous *ubstances, 394 azardous

>astes, 3?4 )arine $ollutants, 34 levated Temperature)aterial 3(4 )aterials identified in %<9.%&%, and 3C4 )aterialsmeeting the definitions contained in $art %<?.

) #=5BT2 0J 5.*. 2.+.T.

CLA + E6$LO"!E

26H6*6+@ %.% )** D$B+*6H G#226H6*6+@ %.9 $#+;"T6+@ G#226H6*6+@ %.? )** F6# G#2

26H6*6+@ %. )6@+# D$B+*6+@ G#226H6*6+@ %.( H#J 6@*@*6T6H D$B+*6H*26H6*6+@ %.C DT#)BJ 6@*@*6T6H D$B+*6H*

1plosives were formerly classified as "lass , 0, " or 0lasting gent. comparison of the oldand new classification system is contained in %<?.(?.

6n addition to the change in classification systems we are now concerned with compatibilitygroups which are designated by alpha characters: %.%, %.92, etc. 6nformation on the differentcompatibility groups are contained in ! "F# %<?.(9.

CLA 0 &AE

26H6*6+@ 9.% FB))0B =**26H6*6+@ 9.9 @+@-FB))0B =**26H6*6+@ 9.? $+6*+@+5* +# T+D6"

This class includes materials that are "ompressed, 2issolved under $ressure, or $ressurized"ryogenic Biquids, and Biquefied =ases



CLA / FLAMMABLE L"*)"'

6ncludes materials whose Flash $oint 3F$4 is not more than %%F

@+T: *ee "ombustible Biquids below

CLA 7 FLAMMABLE OL"'

26H6*6+@ .% FB))0B *+B6226H6*6+@ .9 *$+@T@+5*BJ "+)05*T60B )T#6B26H6*6+@ .? 2@=#+5* >@ >T

CLA 4 O6"'"("N& )BTANCE8 OR&AN"C $ERO6"'E

26H6*6+@ (.% +D626G#26H6*6+@ (.9 +#=@6" $#+D62

CLA 9 $O"ONO) :TO6"C; AN' "NFECT"O) )BTANCE

26H6*6+@ C.% $+6*+@+5* 3T+D6"4 )T#6B26H6*6+@ C.9 6@F"T6+5* *50*T@"

CLA - RA'"OACT"!E MATER"AL

CLA < CORRO"!E

CLA 1 M"CELLANEO) 'AN&ERO) &OO' 2

"ategory includes nvironmentally azardous *ubstances, levated Temperature )aterial,azardous >astes, and )arine $ollutants.

"+)05*T60B B6K562* )aterials whose F$ is greater than %% F but less than 9&&F arestill regulated domestically as combustible liquids. )aterials transported domestically only,whose F$s are %&& F up to %% F may be reclassified as combustible in accordance with%<?.%9&3b4.

"+)05*T60B B6K562 which does not sustain combustion is not subAect to therequirements of the )#s. *ee ppendi1 , $art %<? for the required tests.

ORM='

7+#)-2 materials7 are materials such as a consumer commodity, which although is subAect tothe regulations presents a limited hazard during transportation due to its form, quantity and pacaging. ach +#)-2 material and category of +#)-2 material is listed in the ! "F#%<9.%&% Table and %<?.%.



CON)MER COMMO'"T"E

"onsumer commodities are materials that are pacaged and distributed in a form intended for, orsuitable for sale through retail sales. 6n order to determine if a particular hazardous material mayqualify as a consumer commodity, refer to the section number in $art %<? identified in column '

of the %<9.%&% Table for that material.

E6CE$T"ON>

gricultural +perationsThe transportation of agricultural products 3see ! "F#%<%.'4 by highway may be e1cepted fromsome or all of the provisions of the azardous )aterials #egulations when transported inaccordance with the provisions of ! "F# %<?.(.

)aterials of TradeThe transportation of materials of trade 3see ! "F# %<%.'4 by highway may be e1cepted from

many of the requirements of the azardous )aterials #egulations when transported inaccordance with the procedures contained in ! "F# %<?.C.

HA(AR'O) MATER"AL COMM)N"CAT"ON

$art %<9 of ! "F# contains the hazardous materials communication requirements in addition tothe hazardous materials table, emergency response requirements, training, and security plan. Theterm hazardous materials communications commonly refers to shipping papers, maring,labeling and placarding.

hipping $apers

*hipping paper requirements are contained in ! "F# $art %<9 *ubpart ". For the purpose of thehazardous materials regulations, a shipping paper is any shipping document whose purpose is tocommunicate a hazard, and conforms to the requirements contained in this *ubpart. ach personwho offers hazardous materials for transportation shall describe the hazardous materials on ashipping paper that conforms to the requirements of the )#. @o carrier may transport ahazardous material unless it is accompanied by a shipping paper that is prepared in accordancewith the )#.

The description of hazardous materials on a shipping paper is contained in section %<9.9&9. The basic description now includes proper shipping name, hazard class, identification number, and

pacaging group. The class names, 6)+ class and division numbers, or subsidiary hazard classesmay be entered in parentheses. ntries are required for number and type pacaging and weight3net or gross4.

6t is important to remember that e1cept for materials in the 5. @. #ecommendations, the 6"+Technical 6nstructions, or the 6)2= "ode, a material that is not a hazardous material accordingto this sub-chapter may not be offered for transportation or transported when its description on ashipping paper includes a hazard class or an identification number specified in ! "F# %<9.%&%.



This provision is most frequently violated when the shipments involve non-#"# >aste, whichis not considered 2+T hazardous materials.

2epending on the material being transported additional information requirements to be enteredon the shipping paper are contained in ! "F# %<9.9&?. #ecent changes include entries for:

Technical names for n.o.s. and other generic descriptions, +rganic pero1ides to includeconcentration, ll poisonous materials subAect to %<9.9&?3m4 where the poisonous constituent isnot mentioned in the proper shipping name, for materials meeting the definition of poison-inhalation hazard, 3see %<%.'4 7$oison-6nhalation azard7 as provided in %<9.9&?3m4 and thewords 7azard Gone ,7 7azard Gone 0,7 7azard Gone "7 or 7azard Gone 27 as appropriate.3lso, see %<?.%??3b4.4

The regulation requires an emergency response telephone number to be placed on the shipping paper. The telephone number must be monitored at all times when the material is intransportation to include storage incidental to transportation. The number must be of a personwho is nowledgeable of the hazardous materials being shipped and the appropriate emergency

response procedures, or a person who has immediate access to a person who has suchnowledge. 6f you use the number for a service provider such as ")T#" you must have avalid contract in force with the service provider. This telephone number must be readilyidentifiable on the shipping paper.

problem with some 0ills of Badings are the numerous emergency numbers for various types of problems, such as requests for delivery times or requests for safe havens. mergency respondersmay have trouble identifying the 2+T emergency response telephone number.

The 2+T does not dictate who signs the certification on the shipping papers. The individual whosigns the certification should be the individual most nowledgeable of the shipment.

$ublic Baw %&?-?%% amended ! 5.*.". (%%& to require retention of hazardous materialsshipping papers for % year.

Mar?ing

The requirements for maring of pacages are contained in !"F#, *ubpart 2, $art %<9. The basic maring requirementconsists of the proper shipping name and identification numberof the hazardous materials contained in the pacage. )aringsshould be durable, in nglish, and not obscured by other

marings or labels. 2epending on the material there may beadditional maring requirements. For non-bul pacaging,technical names must be mared in parenthesis in associationwith the proper shipping name if required by %<9.9&?34.

6dentification numbers are not required for +#)-2 and limited quantities.

0ul pacaging requirements are in section %<9.?&9. 6dentification @umbers must be on eachside and each end for pacages ?<'( B 3%,&&& gals4 or more and for cylinders permanently



mounted on tube trailer motor vehicles. 6dentification @umbers on two opposing sides for pacages less than ?<'( B 3%,&&& gals4. Technical names are not required for bul pacages.

Jou may not offer or transport a container unless the ) marings apply to the materialcontained in the pacage. There is an e1ception for empty containers if: 3%4 6n a vehicle or freight

container, the pacage is not visible, and is loaded and unloaded by the shipper or consignee, or394 The marings are securely covered during transport.

The @ollowing is a listing o@ additional mar?ing reuirements>

uthorized bbreviation levated temperature material

"lass < 3radioactive4 materials $ortable tans

Biquid azardous )aterials in

@on-0ul $acaging"argo tans

$oisonous azardous

)aterialsTan cars and multi-unit tan car tans

+#)-2

0ul pacagings other than portable tans, cargo tans, tan

cars, and multi-tan car tans 6dentification number marings

1plosive azardous )aterial

)arine $ollutant

azardous *ubstances in non-

bul pacagings

LABEL"N&

=eneral labeling requirements are contained in ! "F# subpart $art %<9. ach person whooffers for transportation or transports a hazardous material shall ensure the pacage is properlylabeled. There are a number of e1ceptions to the labeling requirements contained in %<9.&&a.$rohibited labeling is contained in %<9.&%. The following is a list of additional requirements:

dditional labeling Babel *pecifications

"lass < 3radioactive4

material

There is a separate section for each of the authorized labels that gives

an e1ample of the label and describes the label. *ections %<9.%%

through %<9.(& contain the required design for each label.Babels for mi1ed and

consolidated

pacagings



uthorized label

modifications

$lacement of labels

$LACAR'"N&

=eneral placarding requirements are contained in ! "F# *ubpart F $art %<9. ach person whooffers for transportation any hazardous materials subAect to the )# shall comply with theapplicable placarding requirements. pplicability of placarding requirements %<9.(&&:$lacarding is not required for infectious substances, +#)-2, limited quantities, small quantityshipments, and combustible liquids in non-bul pacages. $lacards may not be displayed on any pacaging, freight container, unit load device, motor vehicle or rail car unless the placardrepresents a hazardous material loaded into or onto the conveyance unless the shipment is inaccordance with the T2= #egulation, the 6)2= "ode or the 5@ #ecommendations.

=eneral placarding requirements are contained in %<9.(&. ach bul pacaging, freightcontainer, unit load device, transport vehicle, or rail car containing any quantity of hazardousmaterials must be placarded on each side and each end with the placards specified in Tables %and 9.

%<9.(& contains a number of notes and e1ceptions to these requirements. >hen two or moreTable 9 materials are contained in the same transport vehicle, the 2angerous7 placard may beused instead of the specific placard required for each hazard class. owever, when %,&&& g39,9&( lbs.4 or more of a single category of ) is loaded on a transport vehicle, the placardspecified for that material must be displayed.

%<9.(&3c4 contains an e1ception from the placarding requirement for shipments that contain less( g 3%,&&% pounds4 of Table 9 materials. frequent problem encountered involves the %,&&%lbs. e1ception. The %,&&% lbs. is aggregate gross weight. ggregate gross weight is the totalweight of all hazardous materials and its pacaging loaded on a single transport vehicle. Fore1ample, if a vehicle has %,(&& lbs. of "lass ? materials and (& lbs. of "lass ' materials, youwould have to placard for both "lass ? and "lass '.There are additional requirements for placarding such as:

$lacarding for subsidiary hazard 0ul pacages

$roviding and affi1ing placards byighway

Hisibility and display of placards

*pecial placarding provisions by

ighway=eneral specifications for placards

$roviding and affi1ing placards by There is a section for each placard that gives an



#ail

e1ample and describes it.

*pecial placarding provisions by

#ail

Freight containers and aircraft unitload devices

@+T: F+# *$"6F6" #K56#)@T* F+# $#$#T6+@ +F *6$)@T* J+5)5*T 5* T )+*T "5##@T 26T6+@ +F ! "F#.

HA(AR'O) MATER"AL TRA"N"N&

6n addition to the communications requirements that too effecton +ctober %, %!!?, hazmat employers must have trained

hazmat employees hired prior to &</&9/!?. For completedefinition of hazmat employer and hazmat employee please seedefinitions contained in appendi1 .

TRA"N"N& RE*)"RE'

&eneral awareness@amiliarization> =eneral awareness andfamiliarization training is intended to raise the hazmatemployees awareness of the )# and the purpose andmeaning of the hazard communication requirements. llhazmat employees must have this training.

Funtion=spei@i training> Function specific training isintended to teach the necessary nowledge, sills and abilities

for an individuals Aob function.

a@ety training> This training provides information concerning the hazards posed by materials inthe worplace and personal protection measures. The training may include basic emergencyresponse procedures but is not intended to satisfy the requirements of 9! "F# %!%&.%9&.

eurity Training> ach hazmat employee must receive security awareness training. Thistraining must include an awareness of security riss associated with hazardous materials

transportation and methods designed to enhance transportation security. fter )arch 9(, 9&&?,hazmat employees must receive this training at their ne1t scheduled recurrent training, but in nocase later than )arch 9, 9&&C. @ew hazmat employees must receive this training within !& daysof employment.

6n addition to the above security awareness training, hazmat employees of employers that arerequired to have a security plan must receive in-depth security training on the security plan andits implementation.



Modal spei@i reuirements> ny additional training required by ! "F# $#T* %<, %<(,%<C, or %<<.

The regulation does not specify sources of training. The 5* 2epartment of Transportation doesnot designate sources of training nor certify training courses, instructors and/or schools. 6t is the

hazmat employers responsibility to determine the adequacy of the training being presented.Training may be in any appropriate format including lecture, conference, self paced instruction,interactive video, etc.

LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL

"N"T"AL TRA"N"N&

new hazmat employee who changes Aob functions may perform those functions prior tocompletion of training, provided the employee performs those functions under the directsupervision of a properly trained and nowledgeable hazmat employee8 and the training is

completed within !& days after employment or Aob function.

REC)RRENT TRA"N"N&

mployees must receive the required training every three years or any time there is a change in Aob function.

RECOR'DEE$"N& RE*)"REMENT

record of current training, inclusive of the preceding three years, inaccordance with this subpart, shall be created and retained by each

hazmat employer for each hazmat employee for as long as that employeeis employed by that employer as a hazmat employee and for !& daysthereafter. The record shall include: 3%4 The hazmat employees

name8 394 The most recent training completion date of the hazmat employeestraining8 3?4 description, copy or the location of the training materialsused to meet the requirements8 34 The name and address of the person providing training8 and 3(4 "ertification that the hazmat employee has beentrained and tested as required by this subpart.

The records required by this rule must be produced upon reasonabledemand by an authorized employee of the 2epartment of Transportation. #ecords may be in any

format such as paper or electronic files as long as they contain the required information and arereadily available.

"ompliance with the current requirements for a "2B with a tan vehicle or hazardous materialsendorsement provides a driver with the general nowledge and sills necessary to safely operatea commercial motor vehicle with hazardous materials cargo. This may satisfy the hazardousmaterials training requirements. s a hazmat employee, additional specialized training may berequired based on the Aob function and material-specific requirements related to the handling of



hazardous materials. The hazmat employer must determine the e1tent to which the "2Bendorsement satisfies all training requirements.

EMER&ENC% RE$ONE "NFORMAT"ON

•T )#=@"J #*$+@*

TB$+@ @5)0# )5*T 0)+@6T+#2 T BB T6)*

>6B T *6$)@T 6* 6@ T#@*6T.

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6@F+#)T6+@ TT )5*T$$# +@ T *6$$6@= $$# +# 6@ *$#T 2+"5)@T )6@T6@2 >6TT *6$$6@= $$#:

o 2*"#6$T6+@ +F T )

o 6))26T G#2* T+ BT

o 6))26T )T+2* F+# @2B6@= *)BB +# B#= F6#* @2

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o $#B6)6@#J F6#*T 62 )*5#*

The requirement for mergency #esponse information is contained in ! "F#, $art %<9, *ubpart=. The number must be maintained at all times that a shipment is in transit. The use of beepers,

answering machines and switchboards is not authorized. The phone number must be to someonecapable of providing information on the material.

>ritten emergency response information must be appropriate for the hazardous material beingtransported. 6f the carriers equipment has an emergency response guide or similar document on board there is no requirement to provide a separate emergency response document.

For transportation by highway, if a transport vehicle contains hazardous materials for which ashipping paper is required and the transport vehicle is separated from its motive power and pared at a location other than a facility operated by the consignee, consignor, or carrier, thecarrier shall 3%4 )ar the transport vehicle with the telephone number of the motor carrier on the

front e1terior near the brae hose or electrical connection8 or 394 have the shipping paper andemergency response information readily available on the transport vehicle. This requirementdoes not apply if the identification number for each hazardous materials contained therein ismared on the outside of the vehicle on an orange panel or white square on point placard.

EC)R"T% $LAN



The security plan requirements in $art %<9 *ubpart 6 of the azardous )aterials #egulations3)#4 require each hazmat employer subAect to the security plan requirements to establish andimplement a security plan. The employer is also required to train their hazmat employees on thesecurity plan. The purpose of these requirements is to enhance the security of hazardousmaterials transported in commerce. mployers must establish and implement their security plan

by eptemer 045 0,,/, and by 'eemer 005 0,,/, each employee must receive training on thesecurity plan and its implementation.

Security Plan Applicability. ach person who offers for transportation in commerce or transportsin commerce one or more of the following hazardous materials must develop and adhere to atransportation security plan for hazardous materials that conforms to the requirements of thissubpart. s used in this section, 7large bul quantity7 refers to a quantity greater than ?,&&& g3C,C% pounds4 for solids or ?,&&& liters 3<!9 gallons4 for liquids and gases in a single pacagingsuch as a cargo tan motor vehicle, portable tan, tan car, or other bul container.

%. ny quantity of a 2ivision %.%, %.9, or %.? material8

9. quantity of a 2ivision %., %.(, or %.C material requiring placarding in accordance withsubpart F of this part8

?. large bul quantity of 2ivision 9.% material8

. large bul quantity of 2ivision 9.9 material with a subsidiary hazard of (.%8

(. ny quantity of a material poisonous by inhalation, as defined in M%<%.' of thissubchapter8

C. large bul quantity of a "lass ? material meeting the criteria for $acing =roup 6 or 668

<. quantity of desensitized e1plosives meeting the definition of 2ivision .% or "lass ?material requiring placarding in accordance with subpart F of this part8

'. large bul quantity of a 2ivision .9 material meeting the criteria for $acing =roup 6or 668

!. quantity of a 2ivision .? material requiring placarding in accordance with subpart F of this part8

%&. large bul quantity of a 2ivision (.% material in $acing =roups 6 and 668 perchlorates8or ammonium nitrate, ammonium nitrate fertilizers, or ammonium nitrate emulsions,suspensions, or gels8

%%. ny quantity of organic pero1ide, Type 0, liquid or solid, temperature controlled8

%9. large bul quantity of 2ivision C.% material 3for a material poisonous by inhalation see paragraph 3(4 above48



%?. select agent or to1in regulated by the "enters for 2isease "ontrol and $revention under 9 "F# part <? or the 5nited *tates 2epartment of griculture under ! "F# part %9%8

%. quantity of uranium he1afluoride requiring placarding under M%<9.(&(3b48

%(. 6nternational tomic nergy gency 364 "ode of "onduct "ategory % and 9materials including ighway #oute "ontrolled quantities as defined in ! "F# %<?.&?or nown radionuclides in forms listed as #)-K" by the @uclear #egulatory"ommission8

%C. large bul quantity of "lass ' material meeting the criteria for $acing =roup 6.

Exceptions. Transportation activities of a farmer, who generates less than E(&&,&&& annually ingross receipts from the sale of agricultural commodities or products, are not subAect to thissubpart if such activities are:

%. "onducted by highway or rail8

9. 6n direct support of their farming operations8 and

?. "onducted within a %(&-mile radius of those operations.

$ACDA&"N&

#hat is $er@ormane Oriented $a?aging

6t is a pacaging construction system based on performance standards developed in the form of

#ecommendations by the 5nited @ations "ommittee of 1perts on the Transport of 2angerous=oods 35@ #ecommendations4. The 5@ standards have general requirements for materials,construction and a ma1imum capacity. "ontainers must pass or be capable of passing a series of performance tests before they are authorized for the carriage of hazardous materials. Theinternational standards have general requirements for materials, construction and a ma1imumcapacity as compared to detailed 2+T specifications for non-bul pacagings formerly containedin ! "F#, $art %<'.

$acaging requirements are based on the $acing =roup of the material, its vapor pressure, andchemical compatibility between the pacage and the ). @on-bul pacaging standards are based upon a number of performance tests. 6n addition to 5@ #ecommendation performance

oriented tests, a vibration test for non-bul pacaging is required domestically. #euse of plasticand metal is drums based on minimum thicness requirements. 3This substitutes for the lac of performance tests in 5@ standards with regard to puncture resistance, abrasion resistance andmetal fatigue4. $acage manufacturers must provide written notification to customers of anyspecification shortfalls or steps to be taen to conform with applicable specification.$erformance tests for 5@ pacaging, including design qualification tests and periodic retests, areincluded in $art %<'.



$a?ing &roups

The pacing group designated in the %<9.%&% Table, column (,indicates the degree of danger presented by the material. Theshipper is responsible for determining the appropriate pacing

group.

$acing =roup 2egree of 2anger

6 =reat

66 )edium

666 )inor

6f more than one pacing group is indicated for an entry, the pacing group for the ) isdetermined using the criteria in ! "F#, $art %<?, *ubpart 2.

$a?aging Responsiilities

=eneral requirements are contained in ! "F# %<%.93g4. @o person may represent, certify, mar,sell or offer a pacaging or container as meeting the requirements of the )#, governing its usein transportation of a hazardous material, whether or not it is used or is intended to be used fortransportation of a hazardous material, unless the pacaging or container is manufactured,fabricated, mared, maintained, reconditioned, repaired or retested, as appropriate, in accordancewith the )#.

The shippers responsibility is to classify and describe the ) in accordance with $arts %<9 and%<?. The shipper must determine that the pacaging or container is an authorized pacaging,including all special requirements, and that the pacage has been manufactured, assembled andmared in accordance with the )#. The shipper may accept the manufacturers certification,specification, approval or e1emption maring in determining the pacaging compliance. 0asedon written instructions by the manufacturer N%<'.93c4O, the shipper performs all actions whichneed to be taen for the pacaging to conform to the requirements of $art %<'. The shipper must perform any pacaging functions required by %<?.9, %<?.9a, and %<?.9b for which the shipper is responsible such as filling limits, compatibility between the ) and container, and securingand cushioning.

6t is the responsibility of the pacaging manufacturer and the person who offers hazardousmaterials for transportation, to the e1tent that assembly functions including final closure are performed by the latter, to assure that each pacage is capable of passing the prescribed tests.

$er@ormane Tests - The following tests are performed as appropriate for each type of pacage:2rop Test, %<'.C&?8 Beaproofness Test, %<'.C&8 ydrostatic pressure Test, %<'.C&(8 *tacingTest, %<'.C&C8 "ooperage Test for 0ung-type >ooden 0arrels, %<'.C&<8 "hemical "ompatibilityTest for $lastic #eceptacle, %<'.C&'8 Hibration *tandard, %<?.9a3a43(4.



NOTE> ach section must be consulted to determine the applicable test for each type ofcontainer.

$ACDA&E TET"N& consists of the following: 2esign Kualification Testing, %<'.C&%3c43%48$eriodic #etesting, %<'.C&%3c43948 $roduction Testing, %<'.C&%3c43?48 Frequency of $eriodic

Testing, %<'.C&%3e48 Test *amples, %<'.C&%3f4.

The person who manufactures a pacage subAect to the requirements of the hazardous materialsregulations is responsible to insure the pacage is in conformance with the requirementscontained in ! "F#, $art %<'. >hen a pacage is required to be mared with a 5@ standard or2+T specification, the pacage must meet all the requirements of the regulation, includingtesting. The manufacturer or person certifying that the pacage is in compliance with $art %<'must inform in writing each person to whom the pacaging is transferred of all requirements of$art %<' not met at time of transfer, and all actions that need to be taen for the pacage toconform to requirements of $art %<'. The written statements must be retained by themanufacturer for at least one year per ! "F# %<'.93c4. >hen filling pacages with hazardous

materials the shipper must comply with these written instructions.

$er@ormane Oriented $a?age Mar?ing

The )anufacturers )aring #equirement is contained in ! "F# %<'.(&?.

• The 5nited @ations symbol.

• $acaging identification code consisting of:

o Type of pacaging

o )aterial of construction

o "ategory of pacaging 3when

appropriate4

• letter identifying the performance standard.

• D - )eeting pacing group 6, 66 and 666 tests.

• J - )eeting pacing group 66 and 666 tests.

• G - )eeting only pacing group 666 tests.

• *pecific gravity or mass.



*pecific gravity for pacaging without inner linings designed to hold liquids roundeddown to the first decimal for those nonviscous liquids having a specific gravity greaterthan %.9.

)a1imum gross mass in ilograms for viscous liquids, solids, or inner pacagings.

• letter 7*7 for pacaging intended only for solids or inner pacagings, test pressure in

ilopascals of the hydrostatic test pressure.

• The last two digits of the year of manufacture.

• The letters indicating the country of origin 3e.g., 75*74.

• The name and address or symbol of the person applying the mars.

• +ther marings: )onth of manufacture for plastic drums 3%4 and Aerricans3?4. )ay be

mared in a different location. )inimum thicness of pacaging material in millimeters3mm4 for metal or plastic drums or Aerricans intended for reuse. Tare weight preceded by7T>7 for pacaging intended for nitric acid.

• #econditioned pacaging. 6tems %-C and thicness in millimeters must be applied in a

permanent manner able to withstand reconditioning.

The following additional marings are required:

@ame of the country in which the reconditioning was performed.

@ame and address or symbol of the reconditioner.

)onth and last two digits of the year of reconditioning.

The letter 7#7.

The letter 7B7 for pacaging passing a leaproofness test.

LOA'"N& AN' )NLOA'"N&

! "F# $arts %<-%<< contain additional modal requirements for transporting hazardousmaterials by rail, water, air and highway. $art %<< for highway contains a number of general andspecific requirements for loading and unloading hazardous materials in %<<.'?-%<<.'(.

BLOCD"N& AN' BRAC"N&

azardous materials pacages should be secured in a transport vehicle to prevent damage duringtransportation. The motor carrier is responsible for blocing and bracing ) for shipment by



highway. Therefore a carrier who removes and or alters blocing and bracing material installed by the shipper is not necessarily in violation of federal law. 6f the hazardous materials leas orspills during transport due to insufficient blocing and bracing, the motor carrier is at fault.

COM$AT"B"L"T%

0oth shippers and carriers are responsible for compatibility. The requirement for shippers tocomply with compatibility considerations is contained in ! "F# %<?.99. 6n order to determinecompatibility for shipments by highway, shippers and carriers should refer to ! "F# %<<.'' -*egregation of hazardous materials.

This section applies to: $acages that require labeling, multi-compartmented cargo tans, and portable tans loaded in transport vehicles or freight containers. 6f a vehicle is to be transportedaboard a vessel, other than a ferry, and is loaded with hazardous materials, that vehicle mustmeet the compatibility requirements of $art %<C. #egardless of the hazard class, cyanide andcyanide mi1tures can not be transported with acids.

6n order to determine compatibility you are now required to be familiar with two tables whichare:

*egregation Table for azardous )aterials is used for all materials. owever, this table is onlyused for "lass % materials when comparing "lass % with other classes/divisions of hazardousmaterials.

"ompatibility Table for "lass % 31plosive4 )aterials is used for determining compatibility forone "lass % material and another "lass % material.

>hen using the aforementioned tables be sure to read the entire section, %<'.'', and be awarethat there are special instructions and e1ceptions listed. 6n addition to this section, shippers andcarriers should chec sections %<<.'? through %<<.'( for any additional handlingrequirements.

A$$EN'"6 A

'EF"N"T"ON

A&R"C)LT)RAL $RO')CT >

n agricultural product means a hazardous material, other than a hazardous waste, whose enduse directly supports the production of an agricultural commodity including, but not limited to afertilizer, pesticide, soil amendment, or fuel. n agricultural product is limited to a material in"lass ?, ', or !, 2ivision 9.%, 9.9, (.%, or C.%, or an +#)-2 material.

COMMERCE >



The term 7commerce7 means trade, traffic, commerce, or transportation within the Aurisdiction of the 5nited *tates.

34 between a place in s *tate and any place outside of such *tate, or 304 which affects trade,traffic, commerce, or transportation described in subparagraph 34. ! 5*" (%&% et seq.

CONTRACTOR>

ny person who, under contract with any department, agency, or instrumentality of thee1ecutive, legislative, or Audicial branch of the Federal =overnment, transports, or causes to betransported or shipped, a hazardous material or manufactures, fabricates, mars, maintains,reconditions, repairs, or tests a pacage or container which is represented, mared, certified, orsold by such person as qualified for use in transportation of hazardous materials shall be subAectto and comply with all provisions of the Federal azardous )aterial Transportation Baw, or theregulations issued thereunder.

HA(MAT EM$LO%ER>

person who uses one or more of its employees in connection with: transporting hazardousmaterials in commerce8 causing hazardous materials to be transported or shipped in commerce8or representing, maring, certifying, selling, offering, manufacturing, reconditioning, testing,repairing or modifying containers, drums, or pacaging as qualified in the transportation ofhazardous materials. This term includes an owner-operator of a motor vehicle which transportshazardous materials in commerce. This term includes any department, agency, or instrumentalityof the 5nited *tates, a *tate, a political subdivision of a *tate, or an 6ndian tribe described in thefirst sentence of this definition.

HA(MAT EM$LO%EE>

person who is employed by a hazmat employer and who in the course of employment directlyaffects hazardous materials transportation safety. This term includes an owner-operator of amotor vehicle which transports a hazardous material in commerce. This term includes anindividual, including a self-employed individual, employed by a hazmat employer who, in thecourse of employment: 3%4 Boads, unloads, or handles hazardous materials8 394 )anufactures,tests, reconditions, or repairs, modifies, mars, or otherwise represents containers, drums, or pacages as qualified for use in the transportation of hazardous materials8 3?4 $repares hazardousmaterials for transportation8 34 6s responsible for safety of transporting hazardous materials8 or3(4 +perates a vehicle used to transport hazardous materials.

MATER"AL OF TRA'E

)aterials of Trade means a hazardous material, other than a hazardous waste, that is carried on amotor vehicle--3%4 For the purpose of protecting the health and safety of the motor vehicleoperator or passengers8 394 For the purpose of supporting the operation of a motor vehicle3including its au1iliary equipment4 or8 3?4 0y a private motor carrier 3including vehicles operated



by a rail carrier4 in direct support of a principal business other than transportation by a motorvehicle.

OFFEROR>

The term offeror means any person who performs, or is responsible for performing, any of the pre-transportation functions required under the )# for transportation of a hazardous material8tenders or maes a hazardous material available to a carrier for transportation in commerce8 or both performs, or is responsible for performing, pre-transportation functions and tenders ormaes a hazardous material available to a carrier for transportation

$ERON> As o@ ,+070,,4

$erson means an individual, firm, copartnership, corporation, company, association, or Aoint-stoc association 3including any trustee, receiver, assignee, or similar representative48 or agovernment or 6ndian tribe 3or an agency or instrumentality of any government or 6ndian tribe4

that transports a hazardous material to further a commercial enterprise or offers a hazardousmaterial for transportation in commerce. $erson does not include the following:

%. The 5nited *tates $ostal *ervice.

9. ny agency or instrumentality of the Federal government, for the purposes of ! 5.*.".(%9? 3civil penalties4 and (%9 3criminal penalties.4.

?. ny government or 6ndian tribe 3or an agency or instrumentality of any government or6ndian tribe4 that transports hazardous material for a governmental purpose.

H"$$ER>

The word 7shipper7 is not specifically defined in the )# 3! "F# $arts %<&-%<!4, due primarily to the fact that it is not possible for the 2epartment to account for the numerouscommercial arrangements that may e1ist under that concept, lthough the word 7shipper7 doesappear, it is used in an ordinary laymans manner rather than as a specific, technical term of art."onsequently, responsibilities generally are placed on 7offerors7 for performance of the functionsassociated with 7offering7 hazardous materials for transportation 3e.g., see the general duty andapplicability provisions in ! "F# %<%.%, %<%.9, %<9.?, and %<?.%4.

TRAN$ORT >

The term 7transports7 or 7transportation7 means any movement of property by any mode, andany loading, unloading, or storage incident thereto.

TRAN$ORTAT"ON "N COMMERCE ON A $)BL"C H"&H#A%>

Transportation on 3across or along4 roads outside of =overnment properties generally istransportation in commerce. 6f a road is used by members of the general public 3including



dependents of =overnment employees4 without their having to gain access through a controlledaccess point, transportation on 3across or along4 a road on =overnment properties is incommerce. +n the other hand if access to a road is controlled at all times through the use of gatesand guards, transportation on that road is not in commerce.

The "+))#"6B )+T+# H6"B *FTJ "T +F %!'C required 2+T to establishFederal standards for *tates to test and license truc and bus drivers, establish uniform penalty provisions, and establish a data system containing data on drivers.

"+))#"6B 2#6H#* B6"@* #=5BT6+@ $$B6"06B6TJ :

THE R)LE "N TH" $ART A$$L% TO E!ER% $ERON #HO O$ERATE A

COMMERC"AL MOTOR !EH"CLE "N "NTERTATE5 FORE"&N5 OR "NTRATATE

COMMERCE AN' TO ALL EM$LO%EE OF )CH $ERON.

COMMERC"AL 'R"!ER L"CENE>

Does not apply to active duty military drivers.

2oes apply to =overnment "ivilian mployees.

MOTOR CARR"ER AFET% ACT OF +11, >

maAor provision of this legislation prohibits Federal agencies from using motor carriers ratedunsatisfactory to transport hazardous materials in quantities requiring placarding.

*FTJ #T6@=* @2 "##6# $#+F6B* are public information and may be obtained

on the 6nternet on a system called *F# 3*afety and Fitness lectronic #ecord4at http://safersys.org

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lasa 3!&<4 9<%-&C'

rizona 3C&94 ?<!-C'(%"alifornia 3!%C4 !?&-9<C&

"olorado 3<9&4 !C?-?%?&

awaii 3'&'4 (%-9<!&

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@evada 3<<(4 C'<-(??(

@orth 2aota 3<&%4 9(&-?C

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*outh 2aota 3C&(4 99-'9&9

5tah 3'&%4 !C?-&&!C>ashington 3?C&4 <(?-!'<(

>yoming 3?&<4 <<9-9?&(

*amoa 3'&'4 (%-9<&&

=uam 3'&'4 (%-9<&&

@orthern )arianna 3'&'4 (%-9<&&







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$)BL"CAT"ON O)RCE

"opies of the regulations may be purchased from the nearest =overnment $rinting +ffice

0oostore. Jou may also view an electronic version of the "F# at:http://ecfr.gpoaccess.gov/. For more information or to as questions related to the hazardous materials regulations call %-'&&-C<-!99 or contact $)* at:

$ipeline and azardous )aterials *afety dministration%9&& @ew ;ersey venue *, $-(&>ashington, 2.". 9&(!&-&&&%6nternet $)*.2+T.=+H

5pdated: >ednesday, 2ecember %<, 9&%

http://www.fmcsa.dot.gov/redirect/aspx?page=http://ecfr.gpoaccess.gov/

http://www.fmcsa.dot.gov/redirect/aspx?page=http://ecfr.gpoaccess.gov/

how to comply with federal hazardous materials regulations

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