Q&A: Where do I indicate the use of a State authorization on the IATA DGD?

I get questions from around the world! Like this one on February 16, 2021:

Hello,

Let me introduce myself,

I am <<Name>> from Belgium. I’m trying to understand the DGR to help a friend who is about to take her IATA category 6 exam. I have no experience in the transportation of dangerous goods.

I found your site by chance while doing a search on the Q Value. Your explanation is interesting. Read: Calculating the “Q” Value for Different Dangerous Goods in a Single Outer Packaging (All Packed in One)

On the other hand, I have a question: in practice, where to indicate on a DGD, that we have an official state authorization to proceed with the air transport of a certain dangerous good. In my example, I am talking about the State variation BEG-02 of Belgium (regarding Class 1) which is also included in the DGR (8.1.6.9.4 Fourth Sequence – Authorizations). Is it in the Authorization column or in the Additional handling information box ?

Because there is no example on the DGR and I did not find any example on the Internet. Enclosed, you’ll find my fillable DGD for my question.

And in general, when the same Special provision applies to different dangerous goods in the same shipment, do I have to write the same number of the Special provision for each UN number ? For example A802. Do I have to write it as many times as it applies to different dangerous goods.

Thank you for taking the time to answer my question. And I apologize for my low level of English. I am French-speaking.

My answer that day:

Note: This answer is derived from the 62nd Edition of the IATA Dangerous Goods Regulation, effective for calendar year 2021 only.

I will try to answer your questions below.

  • 8.1.6.9.4 requires only one of the following 16 Special Provision codes to be displayed in 4th Sequence Authorization of the Shipper’s Declaration for Dangerous Goods if applicable to that consignment: A1, A2, A4, A5, A51, A81, A88, A99, A130, A190, A191, A201, A202, A211, A212, & A331.
  • Other Special Provision codes may be included in 4th Sequence Authorization but are not required to be displayed.
  • Per 8.1.6.9.4(b), if a consignment is being shipped under any governmental authorization a statement that the approval is attached to the Declaration must be included in 4th Sequence Authorization. The authorization(s) must include:
    • quantity limitations;
    • packaging requirements;
    • aircraft type, if applicable;
    • any other relevant information.
  • BEG-02 requires a governmental authorization. Therefore, a copy of the approval should include the required information and be attached to the Declaration. A reference to it must be included in 4th Sequence Authorizations of the Shipper’s Declaration for Dangerous Goods. Note: BEG-02 is one of many State variations and operator variations that effect 8.1.6.9.4.
  • Your last question about how many times to write the Special Provision code is more difficult to answer. There is no clear indication in the IATA DGR. However, my reading of the DGR beginning at 8.1.6.9 tells me that the description is for the entire consignment, not each individual dangerous good. Therefore, the display of the Special Provision Code or other information in 4th Sequence Authorizations would be just once to represent the entire consignment. (This may warrant further research).

I hope this helps. Please contact me with any other questions.

Contact me the next time your USDOT, IATA (air), or IMO (vessel) training is due to expire.
That seemed to do it:

Thank you, Sir, for taking the time to answer my questions.

I understand now.

I will get back to you later if I have any questions.

Regards,

Conclusion:

The IATA Dangerous Goods Regulations – like the Dangerous Goods Code of the International Maritime Organization – are truly international. States, e.g., Belgium, Mexico, China, &etc., and air carriers (operators) have variations to the regulations, but otherwise, the regulations for the international transport of dangerous goods by air are the same in Belgium as they are in the U.S. Learn more about IATA Dangerous Goods Training.

Q&A: Am I required to register with USDOT based on the HazMat I receive at my facility?

Q&A: Am I required to register with USDOT based on the HazMat I receive at my facility?

A question from a previous trainee (12.09.20):

Hi Daniel. I was wondering if you’d be able to answer another question for me. I took your class a few months ago, and still trying to wrap my head around all of this. We do not ship from our site any HazMat that requires registration. However, we receive 190 proof ethyl alcohol, do we need to register as a hazmat handler?

My reply that same day:

No. Registration is only required for persons who offer for transportation (shipper) or transport in commerce (carrier) a shipment containing any one of the categories specified at 49 CFR 107.601. The registration requirement does not apply to the hazardous materials received at a facility.

Read: Have you Registered with the USDOT/PHMSA as a Shipper or Carrier of Hazardous Materials?

Proper use of the Cargo Aircraft Only Label

Proper use of the Cargo Aircraft Only Label

Purpose:

The purpose of this article is to explain the use, restrictions, requirements, & limitations for the display of the Cargo Aircraft Only label for the air transport of dangerous goods.

Introduction:

Perhaps the most unusual in appearance of all hazard communication used by the transportation regulatory agencies is the Cargo Aircraft Only label. Black letters and images on an orange background. An image of a passenger aircraft (notice the seats?) with a cartoon human figure. The human figure has an outlandishly enlarged hand preventing a pallet of dangerous goods from being loaded on the aircraft. To further convey the point, emanating from the human character is a speech bubble that reads “CARGO AIRCRAFT ONLY”. And, at the very bottom of the label, just to ensure we got the point, it reads: “FORBIDDEN IN PASSENGER AIRCRAFT”. Despite, or perhaps because of, its “cartoony” imagery, this is the hazard communication used by international agencies and USDOT/PHMSA to indicate a hazardous material or dangerous good that is forbidden as cargo on a passenger aircraft and must be transported in a cargo aircraft only.

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Before we begin…
  • The Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA) creates and enforces the Hazardous Materials Regulations (HMR) for the transportation of hazardous materials (HazMat) by all modes (motor vehicle, rail, vessel, & aircraft) to, from, or through the U.S.
  • The Dangerous Goods Regulations of the International Air Transport Association (IATA) are produced in consultation with the International Civil Aviation Organization (ICAO) and are the guide recognized by the world’s commercial airlines for the transportation of dangerous goods by air.
  • USDOT/PHMSA authorizes compliance with the IATA Dangerous Goods Regulations for the transportation of HazMat by air to, from, or through the U.S.
  • The current version of the Cargo Aircraft Only has been in use since January 01, 2013 when it replaced a label with many similarities but lacking a clear message limiting the transport to cargo aircraft only.
  • The HMR also make use of the Cargo Aircraft Only label. Its use under those regulations are not within the scope of this article.
  • Regulations of the HMR specific to lithium batteries at 49 CFR 173.185(c)(1)(iii) allow for the use of alternative markings to the Cargo Aircraft Only label.
  • The IATA Dangerous Goods Regulations identify two different types of labels:
    • Hazard labels (7.2.3) indicate the potential hazards within a package.
    • Handling labels (7.2.4) are used to convey additional information about the dangerous good or its handling restrictions. Handling labels are used alone or in addition to hazard labels. The Cargo Aircraft Only label is a handling label.
Scope and Applicability:

This article will address solely the use of the Cargo Aircraft Only label subject to Edition 63 (Effective January 1, 2022 to December 31, 2022) of the Dangerous Goods Regulations of the International Air Transport Association (IATA).

Specifications:
  • An illustration of the Cargo Aircraft Only label showing its approved design and color is at Figure 7.4.B of the IATA Dangerous Goods Regulations.
  • The minimum dimensions of the Cargo Aircraft Only label are 120 mm wide x 110 mm high. These dimensions may be halved for small packages of Division 6.2 Infectious Substances.

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Applicability (7.2.4.2):

The use of the Cargo Aircraft Only label – its applicability – depends upon the classification of the dangerous good, its quantity per package, the relevant packing instructions, and the presence of any State variations.

  • The Cargo Aircraft Only label must be displayed on a package of dangerous goods if the package contains dangerous goods that are permitted only on cargo aircraft.
    • For the dangerous good: UN1402, Calcium carbide, 4.3, PG I the word “Forbidden” appears in columns I (“Pkg Inst” for Packing Instructions) and J (“Max Net Qty/Pkge” for Maximum Net Quantity per Package) of the List of Dangerous Goods. However, a Packing Instruction number and Maximum Net Quantity per Package are displayed in columns K and L applicable to Cargo Aircraft Only. Therefore, when offered for transport by air a package containing this dangerous good must display the Cargo Aircraft Only label.

  • The Cargo Aircraft Only label must be displayed on a package of dangerous goods if the package contains a quantity of dangerous goods that exceeds the maximum net quantity per package in column J.
    • The dangerous good: UN1264, Paraldehyde, 3, PG III is permitted for transport on both passenger and cargo aircraft. Its maximum net quantity per package for passenger aircraft is 60 L; therefore, a package containing 61 L of paraldehyde is not permitted for transport aboard a passenger aircraft. However, the maximum net quantity per package for transport by cargo aircraft only is 220 L and therefore allows for this quantity of paraldehyde per package. Therefore, when offered for transport by air a package containing more than 60 L of paraldehyde carbide must display the Cargo Aircraft Only label.

4.2 List of Dangerous Goods - UN1264, Paraldehyde

  • The Cargo Aircraft Only label must be displayed on a package of dangerous goods if a State variation requires it to be labelled and transported Cargo Aircraft Only when normally permitted on as cargo on a passenger aircraft.
    • State variations of the USDOT/PHMSA (USG-02, USG-10, & USG-13) forbid the transport of certain dangerous goods on passenger aircraft even if the package is permitted to be transported on passenger aircraft per the IATA Dangerous Goods Regulations.

Q: If a State variation requires the display of the Cargo Aircraft Only label, may that package be transported as cargo on a passenger aircraft outside the jurisdiction of that State?

A: Yes. Per 8.1.6.5.3, if the IATA Dangerous Goods Regulations permit its transport as cargo on a passenger aircraft and it is solely a State variation that requires it to be transported by cargo aircraft only, then outside the jurisdiction of the State with the variation it may be transported as cargo on a passenger aircraft under the following conditions:

    • This text must be included in the Additional Handling Information box of the Shipper’s Declaration for Dangerous Goods: “This shipment may be carried on passenger aircraft outside <<State>> jurisdiction.”
    • The Cargo Aircraft Only label must be removed or obliterated before the package is loaded onto a passenger aircraft. If the package is subsequently carried inside the jurisdiction of the State with the variation, the label must be re-affixed.
  • The Cargo Aircraft Only label should not be displayed on a package of dangerous goods if the packing instruction number and the maximum net quantity per package are the same for passenger and cargo aircraft in the List of Dangerous Goods.
    • UN3082, Environmentally hazardous substance, liquid, n.o.s. has the same packing instruction number (964) in columns I and K and the same maximum net quantity per package (450 L) in columns J and L.

Environmentally hazardous substance in 4.2 List of Dangerous Goods

  • The Cargo Aircraft Only label must not be displayed on a package that is packed according to the passenger aircraft limitations of columns G and H (for limited quantity) or columns I and J even when it is included on a Shipper’s Declaration for Dangerous Goods marked as “Cargo Aircraft Only” because of other packages in the consignment.
    • A package containing 10 L of Chromic acid solution is not permitted as cargo on a passenger aircraft and must display the Cargo Aircraft Only label. A package containing 5 L of Chromic acid solution is permitted as cargo on a passenger aircraft and is not required to display the Cargo Aircraft Only label. If combined in one consignment, the Shipper’s Declaration for Dangerous Goods must be marked to indicate it is Cargo Aircraft Only (due solely to the 10 L package of Chromic acid solution). However, per 7.2.4.2 and 8.1.6.5.2, it is a violation to display the Cargo Aircraft Only label on the 5 L package of Chromic acid solution.

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Conclusion:

It is no exaggeration to say that the Cargo Aircraft Only label is the most recognizable and the most important form of hazard communication used for the air transport of dangerous goods. Make certain you are familiar with the situations you must use it, the times you should not use it, and the times you must not use it.

Q&A: Do I display the HazMat’s identification number on the limited quantity sticker?

Q&A: Do I display the HazMat’s identification number on the limited quantity sticker?

Question (11.23.21):

Hi Daniel,
I saw your video on YouTube and had a couple questions I was hoping you could answer for me. Regarding Limited Quantities, does the UN number get written on the Limited Quantities sticker?

Answer (11.23.21):

Thank you for contacting me. Please see below.

  • No. the ID# for a HazMat is never displayed on the limited quantity mark. Nothing may be displayed on the limited quantity mark.
  • The ID# is not displayed anywhere on a package of a limited quantity unless it is to be transported by air.
  • The only required marks and labels on a limited quantity by highway, rail, or vessel is the following:
    • The limited quantity mark.
    • Orientation arrows (displayed on two opposite vertical sides) if the HazMat is a liquid.

I hope this helps. Please contact me with any other questions.

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Conclusion:

Exceptions to the HazMat transportation regulations – such as the limited quantity exception – provide an opportunity for shippers of HazMat to save time and money when offering HazMat for transportation. However, care must be taken to ensure compliance with the requirements of the exception. My HazMat Employee training focuses on this and other packaging exceptions if applicable to your operations. Just let me know what you need and I will include it in your training.

 

FAQ: Who must receive HazMat Employee training?

FAQ: Who must receive HazMat Employee training?

Before we begin…
  • The Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA) creates and enforces the Hazardous Materials Regulations (HMR) for the transportation of hazardous materials (HazMat) to, from, or through the U.S.
  • According to 49 CFR 171.8 of the HMR, a hazmat employer is “A person who employs or uses at least one hazmat employee on a full-time, part time, or temporary basis.”
  • According to §171.8, a hazmat employee is any employee who is “Employed on a full-time, part time, or temporary basis by a hazmat employer and who in the course of such full time, part time or temporary employment directly affects hazardous materials transportation safety”.

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According to §172.702 of the HMR, “A hazardous materials (HazMat) employer shall ensure that each of its hazmat employees is trained in accordance with the requirements” of the regulations. Training is required for any person engaged in the pre-transportation functions, meaning a function that is required to assure the safe transportation of a hazardous material in commerce, including —

  • Determining the hazard class of a hazardous material.
  • Selecting a hazardous materials packaging.
  • Filling a hazardous materials packaging, including a bulk packaging.
  • Securing a closure on a filled or partially filled hazardous materials package or container or on a package or container containing a residue of a hazardous material.
  • Marking a package to indicate that it contains a hazardous material.
  • Labeling a package to indicate that it contains a hazardous material.
  • Preparing a shipping paper. Including the uniform hazardous waste manifest required by USEPA.
  • Providing and maintaining emergency response information.
  • Reviewing a shipping paper to verify compliance with the HMR or international equivalents.
  • For each person importing a hazardous material into the United States, providing the shipper with timely and complete information as to the HMR requirements that will apply to the transportation of the material within the United States.

Read: Importing Hazardous Materials into the U.S.

  • Certifying that a hazardous material is in proper condition for transportation in conformance with the requirements of the HMR.
  • Loading, blocking, and bracing a hazardous materials package in a freight container or transport vehicle.
  • Segregating a hazardous materials package in a freight container or transport vehicle from incompatible cargo.
  • Selecting, providing, or affixing placards for a freight container or transport vehicle to indicate that it contains a hazardous material.

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Q&A: Must I display the HazMat’s identification number on my vehicle when transporting (essentially empty) IBCs?

Q&A: Must I display the HazMat’s identification number on my vehicle when transporting (essentially empty) IBCs?

A question 11.22.21:

Hello I have been asked to transport IBC containers containing trace (essentially empty) amounts of several types with id #1789/1790/1835/2031 am I correct in assuming they should still be identified by their numbers on the outside of my trailer even though they are in small quantities? I am in New York…

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My answer:

You are correct. A bulk packaging (e.g., IBC or intermediate bulk container) that contains even trace amounts of a HazMat is subject to full USDOT regulations. This includes but is not limited to the following:

  • Placards and the HazMat’s identification number displayed on all four sides of vehicle.
  • Hazard communication including labels & marks on the packaging.

Read: Hazard Communication Options on the Intermediate Bulk Container

Read: USDOT/PHMSA Regulation of Empty Packagings with Residue

Please contact me with any other questions.

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Conclusion:

Another driver with a question. I’m glad he/she contacted me and I’m glad I was able to answer their question. HazMat transportation is too important to risk a non-compliance.

Scope and Applicability:

The above answer is derived from the Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA).

 

FAQ: What’s “in commerce” mean?

Scope and Applicability:

The transportation in commerce of hazardous materials (HazMat) within the U.S. are subject to the Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA).

What is meant in the Hazardous Materials Regulations of USDOT/PHMSA by “in commerce” when establishing the applicability of the HMR?

Let’s begin at the beginning. The very first sentence of the HMR at 49 CFR 171.1 reads, “Federal hazardous materials transportation law (49 U.S.C. 5101 et seq.) directs the Secretary of Transportation to establish regulations for the safe and secure transportation of hazardous materials in commerce,…” So, right from the start we are informed the regulations apply solely to HazMat “in commerce”, but what does that mean?

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Commerce is defined at §171.8:

Commerce means trade or transportation in the jurisdiction of the United States within a single state; between a place in a state and a place outside of the state; that affects trade or transportation between a place in a state and place outside of the state; or on a United States-registered aircraft.

So let’s break that down.

Commerce means trade or transportation…

Notice the definition is not limited just to transportation but also includes trade.

…in the jurisdiction of the United States…

Naturally.

The following are four options where the trade or transportation may take place within U.S. jurisdiction.

(Option 1) …within a single state;

The trade or transportation takes entirely within a single state.

(Option 2) …between a place in a state and a place outside of the state;

The trade or transportation takes place between two or more states.

(Option 3)…that affects trade or transportation between a place in a state and a place outside of the state;

This increases the applicability of the HMR to include not only trade or transportation but activities (trade or transportation) that affect trade or transportation between two or more states.

(Option 4)…or on a United States-registered aircraft.

The trade or transportation takes place on a U.S.-registered aircraft anywhere in the world.

If you like this article, please share it using any of the social media platforms identified at the bottom of this article.

The definition helps, but it doesn’t clearly limit the terms applicability solely to a business nor does it clearly state it is not applicable to a non-business entity like a private homeowner. For that clarification we must refer to USDOT/PHMSA letters of interpretation. Several examples are provided below. Only the relevant text from the LOIs are displayed.

LOI 11-007:

A driver who transports his/her own personal belongings (e.g., battery operated cell phones, medical devices and GPS devices, gas cans, etc.) for personal, non-commercial use is clearly not in commerce. Therefore, in the scenario you describe, those personal belongings are not subject to the HMR. However, any hazardous material that the driver is transporting on behalf of the motor carrier is in commerce and subject to the HMR.

LOI 09-0220:

PHMSA also interprets “in commerce” to mean trade or transportation in furtherance of a commercial enterprise.

And…

(1) an individual who transports his/her own scuba tank for personal, noncommercial use (e.g., recreation, sport fishing) is not subject to the HMR; (2) a scuba instructor who transports scuba tanks for use by his students as part of their instruction is subject to the HMR; and (3) a boat repair facility that uses scuba tanks as part of its examination of a boat’s hull and repair operations is subject to the HMR when it transports the scuba tanks.

LOI 11-0306:

As a general matter, the transportation of a hazardous material by motor vehicle for personal use of the driver is not subject to requirements in the HMR – although it may be subject to other Federal, State, or local requirements.

LOI 22-0003:

The HMR apply to the transportation of hazardous materials in commerce, i.e. in support of a commercial enterprise.

LOI 19-0017:

The transportation of a hazardous material by a private individual for non-commercial personal use is not considered transportation in commerce. Therefore, the requirements of the HMR are not applicable to fillers or private individuals for the use, recharging, or transportation of SCUBA cylinders by private individuals for personal use.

However…

Do not rely on the answer given in LOI 03-0223 as it has been supplanted by changes to the regulations made by the HM-223 final rule. USDOT/PHMSA is considering rescinding this LOI but has not yet done so.

Q: What if the HazMat is transported by a government agency? Is that still considered to be “in commerce”?

A: HazMat transported by a government entity in vehicles operated by government personnel for non-commercial purposes are not subject to the HMR. However, if a government entity contracts a third party to transport a HazMat on their behalf, the exemption would no longer apply.

Read: The Government Employee Exemption to the Hazardous Materials Regulations

And, if you’re interested in any more…

The HMR’s definition of a person at §171.8 includes, “…an individual, corporation,…government, Indian tribe,…that offers a hazardous material for transportation in commerce, transports a hazardous material to support a commercial enterprise, or designs, manufactures, inspects,…a packaging…qualified for use in transporting hazardous material in commerce.

Read: What – or Who – is a Person According to USDOT/PHMSA?

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Conclusion:

If you want the simple answer just leave it with this from LOI 22-0003: “The HMR apply to the transportation of hazardous materials in commerce, i.e. in support of a commercial enterprise.”

If you want the complicated answer go back and read this article again.

Q&A: I’m a homeowner shipping HazMat. Am I subject to USDOT regulations?

Question received 11.22.21:

Hi Daniel,

Wondering if you have time to help with a quick question.

I am an individual homeowner, not contractor or company.

I would like to ship 24 quart cans of leftover paint by ground transport from my City, Arizona home to my City, California home. I found out that this seems to be UN1263 and falls under packing group II or III.

It is not clear if I can claim a small quantity or limited quantity or or ORM-D exclusion, so I am just planning to mail it using UN Specification Packaging:

https://bascousa.com//hazmat-packaging-with-foam-and-quart-paint-cans-4g-4q.html

I was hoping to use UPS Ground, but it is not clear from their website if I need to first establish an account and obtain hazmat shipping clearance for that account before I can use them. Same for Fedex Ground.

Would you know which shipping company might be my best bet?

Thank you,

My reply 11.22.21:

Thank you for contacting me. I will try to answer your questions below.

  • I presume your classification is: UN1263, Paint, 3, PG II or III.
    • The packing group (PG) depends upon the paint’s flash point and initial boiling point which can be found on the safety data sheet.
  • The USDOT regulations for HazMat transportation apply only to transportation of a HazMat when “in commerce”, i.e., “by, or for, a business”.
    • As a homeowner, your self-transport of HazMat, e.g., bringing paint home from the store, is not subject to USDOT regulations.
    • However, transport of your HazMat by UPS or some other commercial carrier makes it “in commerce” and therefore subject to USDOT regulation.

Read: What does USDOT mean by “in commerce”?

  • The type and quantity of HazMat you indicate (24 x 1 qt) is eligible for the limited quantity exception.
  • My understanding of the requirements of commercial carriers such as UPS and FedEx is that a limited quantity of HazMat does not require a commercial account and can be done by a homeowner such as your self.
  • The UN Standard packaging you indicate is not required for a limited quantity by ground, but is not a bad idea. Any strong, sturdy outer packaging will suffice.

I suggest you contact UPS or FedEx and inform them you are non-commercial and have a limited quantity of UN1263 for transport by ground within the U.S. You may also bring it into a UPS or FedEx store – or some other “Pack & Ship” business to assist you.

I hope this helps. Please contact me with any other questions.

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Conclusion:

I usually receive questions from businesses or government agencies. This situation involving a private homeowner was different but still addressed by the Hazardous Materials Regulations of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA).

Q&A: Am I required to display the HazMat’s identification number on the vehicle if its displayed on an IBC in the same manner as a non-bulk packaging?

Q&A: Am I required to display the HazMat’s identification number on the vehicle if its displayed on an IBC in the same manner as a non-bulk packaging?

Before we begin…
Question:

If I opt to label an IBC as opposed to placard, and I mark in accordance with 49 CFR 172.301(a)(1), am I still required to display the UN ID marking on the outside of the transport unit as in §172.331(c)?

Answer:

Thank you for contacting me. Please see below.

  • Yes.
  • 49 CFR 172.331(c) refers to the ID # on a bulk packaging. If the ID # on the bulk packaging is not visible when it is in or on the transport vehicle or freight container, then the ID # must be displayed on all four sides of the vehicle or freight container and be visible from the direction it faces.
  • The reference to §172.302(a) instead of §172.301(a)(1) may be confusing, but it is at §172.302(a) where the requirement to display the ID # on a bulk packaging is found along with, “except as otherwise provided in this subpart…” which opens the door for hazard communication as described at §172.301(a)(1).
  • In the end, the IBC remains a bulk packaging and §172.331(c) is still applicable.

I hope this helps. Please contact me with any other questions.

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

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Follow-up and confirm:

I understand. So regardless of how the IBC was actually marked (labeled instead of placarded for instance) the marking is still not visible from the outside, and thus §172.331(c) applies.

Got it. Appreciate the insights!

Final answer:

That is correct!

Q&A: Can employees use personal vehicles to transport Division 6.2, Category B samples as Materials of Trade?

Question:

Hi Daniel,
Thank you for your help.

I have another issue, I’d like to run by you. I have been allowing trained researcher to use their personal vehicles for single use transportation of exempt samples, patient samples that could be Cat B (NOT Cat B cultures) and unregulated biological samples under MOTS (aka: the Materials of Trade exception). As I interpret the DOT MOTS, that is allowed. Would you agree with this assessment?

Thanks again,

Etiologic Agent LabelMy reply:

Yes. that is OK under the Materials of Trade exception as long as you comply specifically with 49 CFR 173.6(a)(4) and the remainder of §173.6 for packaging, hazard communication, “inform the driver” &etc.

A summary of the Materials of Trade exception for Division 6.2 Infectious substances:
  • Includes:
    • Human or animal samples for research, diagnosis, disease treatment or prevention, &etc.
    • Biological product or regulated medical waste.
    • Sharps
  • Must not be a Category A Infectious Substance (Category B, OK).
  • Packaging:
    • Combination packaging.
    • Leakproof inner packaging for liquids with sufficient sorbent for all liquids in outer packaging.
    • For sharps: inner packaging must be puncture resistant and securely closed.
    • All placed in outer packaging that is strong, tight, securely closed, and secured within vehicle.
  • Quantity limits:
    • For regulated medical waste:
      • One or more inner packagings of no more than 4 kg (8.8 lb) or 4 L (1 gal).
      • Outer packaging of no more than 16 kg (35.2 lb) or 16 L (4.2 gal).
    • All other:
      • One or more inner packagings of no more than 0.5 kg (1.1 lb) or 0.5 L (17 oz).
      • Outer packaging of no more than 4 kg (8.8 lb) or 4 L (1 gal).

Or…

      • One inner packaging of no more than 16 kg (35.2 lb) or 16 L (4.2 gal).

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Conclusion:

The Materials of Trade exception – like other exceptions in the Hazardous Materials Regulations – allows for the transport of HazMat subject to a reduced regulatory burden. Make certain you are aware of the exception available for the transportation of your HazMat.