Question1:

Good Afternoon Daniel,

Our company recently noticed some label changes on a product we use and sometimes ship to our customers. Recently, we’ve begun seeing a class 9 UN3077 label as well as a “marine pollutant” pictogram. I’m aware of the marine pollutant exception in 49CFR 171.4 (c) that states non bulk packages are unregulated unless offered for vessel transport (i.e. on land)

The product in question comes in 5 gallon pails, and weigh ~50 lbs. The product is defined as a “solid” by the manufacturer.

My question is, is the “non-bulk” receptacle weight of 882 lbs per “bucket” or gross weight of all buckets combined? Is there a limit of how many “non-bulk” containers we can ship without being regulated?

Hopefully this isn’t too confusing as I’m trying to make sense of this just to ask my questions.

Thanks,

Answer1:

Thank you for contacting me. You have the right idea. Please see below.

• For transportation on the ground in the U.S. a non-bulk packaging is not subject to regulation as a marine pollutant.
• The determination of a bulk or non-bulk packaging is based on the capacity of an individual packaging. It is not based on the gross weight of the package or the combined weight of the consignment.

So…

• A 5-gallon pail weighing 50 lb – and therefore a non-bulk packaging – can not be a marine pollutant when transported on the ground in the U.S. It does not matter if there is one 5-gallon pail or 500 of them on the truck.
• Read: What is a bulk packaging?
• Read: What is a marine pollutant?

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

Question2:

Thank you Daniel. Now that we have the marine pollutant question out of the way, I have another question. The product is also labeled as a UN3077 Class 9 hazmat. It is of my understanding that class 9 misc. hazmat is exempt from placarding, and all hazmat’s are exempt as long as you transport <1,001 lbs. The only requirements we’d have to comply with are marking the material correct? Would employees need hazmat training and would the shipment have to be shipped with a hazardous materials manifest?

Thank you,

Answer2:

You are partially correct. Please see below.

• You are correct that it is not required to display the Class 9 Miscellaneous placard on a vehicle when operated in the U.S. regardless of the quantity or packaging of the Class 9 Miscellaneous.
• You are not entirely correct that all HazMat is exempt from placarding below 1,001 lb.
  • Some HazMat must be placarded regardless of amount or packaging if they are included in Placard Table 1 (e.g., Dangerous When Wet).
  • Some HazMat must be placarded regardless of amount if in a bulk packaging (even one drop).
  • However, for HazMat in Placard Table 2 (most of ’em) and in a non-bulk packaging, the display of placards is not required if the aggregate gross weight is less than 454 kg (1,001 lb).
• Though not required to display placards, all the remaining HazMat Regulations apply to the transportation of a Class 9 Miscellaneous (and any other HazMat that does not require the display of placards):
  • Package marks & labels.
  • HazMat shipping paper with emergency information.
  • HazMat Employee training for all personnel involved in its transportation. Also, Driver Training for operators of motor vehicles.

I can provide HazMat Employee training including Driver Training.

Please contact me with any other questions.

Conclusion:

Questions about marine pollutants are common. This is, in part, due to the fact that the classification of a Marine Pollutant per the HMR differs from its classification in the dangerous goods regulations of IATA & IMO.

No matter your HazMat / dangerous good or the mode of transport, I can provide the training you need to comply with both domestic and international regulations.

More Information:

• 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.
• 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.
• The International Maritime Organization (IMO) is the source of the Dangerous Goods Code for the international transportation of dangerous goods by vessel.

The Bullet:

Effective January 20, 2021 there are no longer two options for display of the Class 9 Miscellaneous label. As of o1.20.21, the only acceptable Class 9 label design is that without the horizontal line running across the label at its midpoint.

More information:

This change is to the Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA). The final rule was published in the Federal Register at 85 FR 83381, Dec. 21, 2020.

In a final rule published July 20, 2011, HM-218F [76 FR 43510], USDOT/PHMSA revised the Class 9 label design mandated in 49 CFR 172.446(a) by removing the horizontal line running across the label at its midpoint. This line had been previously required to harmonize with international standards and avoid delays or frustration of shipments. This new labeling requirement was to go into effect on August 19, 2011; however, to deplete existing stocks of labels with this horizontal line, USDOT/PHMSA provided at §172.446(c) that labels meeting the requirements in effect before August 19, 2011 could continue to be used until October 1, 2014. That transition period has since expired.

Furthermore, in §172.446(b), USDOT/PHMSA provided the option of using a solid horizontal line dividing the lower and upper half of the label consistent with the transition period specified in §172.446(c). However, with the expiration of the transition period, the solid line is no longer optional or allowed. Therefore, USDOT/PHMSA deleted the last sentence in §172.446(b), which indicated the solid line was optional.

This revision harmonizes the HMR with the international regulations (indicated below) that already mandated the display of the Class 9 label without the horizontal line across the midpoint.

• Dangerous Goods Regulations of the International Air Transport Association (IATA) at 7.3.18.1.
• The Dangerous Goods Code of the International Maritime Organization (IMO) at 5.2.2.2.2.

Conclusion:

If you have any Class 9 Miscellaneous labels that have the horizontal line across the midpoint, throw them away. As of January 20, 2021 they are no longer allowed under any circumstances to be used as hazard communication for a hazardous material or dangerous good in transportation.

A question on June 29, 2020:

Good afternoon,

Does a driver need to be hazmat certified to haul 22 palletized tote bags of ferrous sulphate each weighing 2050 lbs? The shipper offers the rectangular orange four digit placard that says 3077 in black letters, but claims the driver isn’t required to be hazmat endorsed for their loads within the US. Each bag has the diamond shaped 3077, Class 9 placard stamped on it but the load is required to be tarped. Can our non-hazmat drivers take these loads and if so…should they not use placards?

Thank you for your help! I want to make sure we are legally able to use non-hazmat guys before sending them to load.

My reply a few days later:

Thank you for contacting me. Your non-HazMat drivers (drivers without the HazMat endorsement on their CDL) may transport those loads. They may or may not display the Class 9 placard on their vehicle as they wish. Please see below.

• Based on the information provided, the consignment is a Class 9 Miscellaneous hazardous material.
• It is not required to display the Class 9 Placard on a vehicle containing Class 9 Miscellaneous.
  The HazMat endorsement on the CDL is only required if the vehicle is required to display placards. Class 9 Placard not required = HazMat endorsement not required on CDL. Even if the driver chooses to display the Class 9 placard, the HazMat endorsement is not required.
• However, the driver – and anyone else involved in transportation – must have initial and triennial recurrent USDOT HazMat Employee training. In addition, drivers must have Driver Training.

I hope this helps. Please contact me with any other questions or if you wish for me to provide USDOT HazMat Employee training.

Just checking back in (07.06.20):

Do you have any other questions for me? May I be of any further assistance?

The reply that same day:

Thank you very much for your response to my question. I really appreciate you getting back to me. As of right now I don’t have any other questions but I will reach out if anything comes up.

Actually what is the time commitment and cost involved with getting hazmat endorsement?

I could offer some assistance:

I don’t know the time commitment to obtain the HazMat endorsement on the CDL. It is not something I address. It depends on the requirements of your state.

I do provide USDOT HazMat Employee training which is required in addition to the HazMat endorsement if your job has a direct effect on the safe transportation of hazardous materials.

Please contact me with any other questions.

A question through my website May 14, 2020:

Got a question about dangerous placard, today I picked up 10,000 pounds of bulk class 9 3077 1500 pounds non bulk class 3 400 pounds non bulk class 4.1 700 pounds non bulk class 8 30 pounds non bulk class 2.1 and 600 pounds non bulk 6.1 pgll at one facility so I put a bulk 9 3077 and a Dangerous on the trailer but my company said I could not cover the 1500 pounds of class 3 with the Dangerous because it was over 1001 pounds and that I should have put a bulk 9 3077 class 3 and a Dangerous. Who’s right and why?

My reply a few days later on May 20, 2020:

Thank you for contacting me. I will try to answer your question. Please see below.

My summary of your situation:

• All hazardous materials (HazMat) were loaded on one vehicle from one location.
• Consignment includes the following:
  • 10,000 lb of Class 9 Miscellaneous in bulk packagings. Identification number for this HazMat is UN3077.
  • 1,500 lb Class 3 Flammable Liquid in non-bulk packagings.
  • 400 lb Division 4.1 Flammable Solid in non-bulk packagings.
  • 700 lb Class 8 Corrosive Material in non-bulk packagings.
  • 30 lb Division 2.1 Flammable Gas in non-bulk packagings.
  • 600 lb of Division 6.1 Poisonous Material (Packing Group II) in non-bulk packagings.
  • Whew!

Summary of applicable Hazardous Materials Regulations (HMR) of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA):

• Pursuant to 49 CFR 172.504(a) a vehicle transporting any amount of HazMat must display the applicable placards on the vehicle.
• However, §172.504(c) allows for an exception from placarding if a non-bulk packaging of placarding Table 2 HazMat, and in a quantity of less than 454 kg (1,001 lb).
• Pursuant to §172.331(c) if a bulk packaging is contained within a vehicle and the HazMat’s identification number marked on the bulk packaging is not visible, the identification number must be displayed on the vehicle.
• When the HazMat’s identification number is required to be displayed on a vehicle, it may be displayed in any of the following methods per §172.332:
  • On orange panel.
  • On the placard.
  • On a white square-on-point.
• Under §172.502(c), placards may be displayed on a vehicle, even when not required, if the placarding otherwise conforms to the requirements of the HMR. This is known as permissive placarding.
• §172.504(b) allows for the display of the Dangerous placard on a vehicle as an option instead of the individual placards under the following conditions:
  • HazMat is in non-bulk packagings.
  • Vehicle contains two or more categories of HazMat that require placards specified in placarding Table 2. Note: the use of the word “require” here is misleading since, subject to permissive placarding, placards may be displayed on a vehicle even when not required. Therefore, this might better read, “vehicle contains two or more categories of HazMat where a placard type is indicated in placarding Table 2, but not necessarily required by the HMR.”
  • The Dangerous placard may not be used for a HazMat if 1,000 kg (2,205 lb) or more of that HazMat is loaded on a vehicle at one facility. Note: if 1,000 kg (2,205 lb) or more of a single HazMat is loaded on a vehicle at one facility, that portion of the load on the vehicle cannot be represented by the Dangerous placard; instead the placard specified in placarding Table 2 for that HazMat must be displayed.
• Pursuant to §172.504(f)(9) the Class 9 Miscellaneous placard is not required to be displayed on a vehicle in the U.S. It is allowed to be displayed under permissive placarding; and, if in a bulk packaging, the identification number of the HazMat may be displayed on the placard, on an orange panel, or white square-on-point.

  

• This letter of interpretation (LOI 97-0099) is too old to be displayed on USDOT/PHMSA’s website but it indicates the quantity of a Class 9 Miscellaneous is not required to be included when determining the applicability of the placarding exception threshold (454 kg or 1,001 lb). Note: However, under permissive placarding, the quantity of Class 9 Miscellaneous may be included when determining the option to display the Dangerous placard. The HMR is unclear on this point. I submitted a request for a letter of interpretation from USDOT/PHMSA in June of 2020 and will post a link once received.

My answer:

• You are correct.
• Since the Class 9 Miscellaneous is in a bulk packaging, it cannot be covered by the Dangerous placard.
• While the display of the Class 9 Miscellaneous placard is not required within the U.S. it may be displayed subject to permissive placarding. Also, since the Class 9 Miscellaneous is in a bulk packaging it’s identification number (3077) must be displayed on the vehicle. It’s display on the placard is one allowed option.
• Since all of the remaining HazMat loaded at the facility are non-bulk packagings, found in placarding Table 2, and not more than 1,000 kg (2,205 lb), the Dangerous placard may be used to account for the remaining HazMat.

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

Question received March 26, 2018:

Mr Stoehr,

I was doing some research when I came across your website and had a question on the requirement for a Class 9 placard on an international vessel shipment via CTU (Cargo Transport Unit, a type of freight container) on the following:

• UN3480, Lithium Ion Batteries, 9, II  – (21kg. net) 23 kg. Gross
• UN3090, Lithium Metal Batteries, 9, ll – (14 kg. net) 34.45 kg. Gross

I’m familiar with 49 CFR 172.504(f)(9) for no placard required for domestic shipping. Just not clear on international shipments via vessel.

Thank you very much for your time Sir have a great day.

My reply with a partial answer the next day: