From someone within the regulated community through my website on May 12, 2017:
Message Body:
Hi! I ran across your website when I was searching for information on PHMSA HazMat Transportation Regulations. I was hoping that you could confirm what I am thinking.
We purchase one HazMat product from <Supplier> – UN3501, Chemical Under Pressure, Flammable, N.O.S. (Dimethyl Ether and Methyl Acetate), 2.1. We receive a pallet of material at our location and ship out individual boxes of the material as the customer orders via a 3rd party HazMat certified shipper. The product is in a 26.2 lb cylinder (one cylinder per box that meets HazMat packaging requirements all done by <supplier>) with an overpack box that contains all required markings (done by <supplier>). We train our shipping & receiving employees on General Awareness & Safety Training, Dangerous Goods Paperwork DOT Training and Function-specific training to handle the product and complete shipping papers.
Our customer is wanting a lower price on the material. The only way that we can do this is to purchase a larger quantity from <supplier> (4 pallets of material at a time). I want to make sure that we are following all of the rules and double checked the 49CFR. In section 107.601, Subpart G, it talks about registering with the DOT. Please verify my thinking: 1) Since we are not planning on shipping (or offering for shipment) a large or bulk quantity to our customer we do not have to register with DOT (the most we would ever ship to our customer is 1 pallet (628.8 lbs of material) and 2) I am not 100% certain about what is considered bulk product. Since the product is in canisters and has an overpack, it is not considered bulk?
Any clarification you could provide would be very helpful.
Thank you,
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My reply the same day (05.12.17):
I believe I have an answer to your question. Please see below:
- PHMSA requires a shipper – or carrier – to register and pay a fee for certain regulated activities. Read: Are you required to register as a shipper or carrier of HazMat?
- The HazMat you describe does not meet any of criteria of registration identified by USDOT/PHMSA at 49 CFR 107.601. To simplify the regulations for your question:
- It is not a Class 7 Radioactive.
- It is not a Class 1 Explosive.
- It is not Toxic by Inhalation.
- It is not a bulk packaging. Read: What is a bulk packaging?
- The quantity of HazMat does not require the display of placards on the vehicle as it is subject to the placarding exception at 49 CFR 172.504(c).
- An overpack is not a bulk packaging. An overpack is defined at 49 CFR 171.8 as:
Overpack, except as provided in subpart K of part 178 of this subchapter, means an enclosure that is used by a single consignor to provide protection or convenience in handling of a package or to consolidate two or more packages. Overpack does not include a transport vehicle, freight container, or aircraft unit load device. Examples of overpacks are one or more packages:
(1) Placed or stacked onto a load board such as a pallet and secured by strapping, shrink wrapping, stretch wrapping, or other suitable means; or
(2) Placed in a protective outer packaging such as a box or crate.
- Read: Salvage drum v. overpack.
An overpack of HazMat packages
In short, you don’t need to register as a shipper of HazMat based on the quantity and type of HazMat you describe.
Please don’t hesitate to contact me with any questions.
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Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail International and Domestic Daniels Training Services, Inc. 815.821.1550 |
A few days later on May 17, 2017:
Thank you so much Daniel! Your original reply must have go into spam. I appreciate your help and will contact you if we need any USDOT/PHMSA HazMat Employee training done.