Minnesota Department of Transportation, Office of Motor Carrier Services — Hazardous Materials Safety Interpretation

Page 1J.S. Department of Transportatior Washington, D.C. petal rogram dministratio SEP 3 0 2002 Mr. Michael Ritchie Ref. No. 02-0211 Minnesota Department of Transportation office of Motor Carrier Services Mendota Heights, MN 55120 1110 Centre Pointe Curve, Mail Stop 420 Dear Mr. Ritchie: This is in response to your letter dated August 19, 2002, Specifically, you ask if white or orange placard holders, when requesting clarification of the prohibited placarding provisions. placed on a contrasting background, would be prohibited under § 172.502 (a) (2) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You enclosed several photographs of white and orange placard holders. on a transport vehicle or freight container that, by its color, Displaying or affixing a sign, advertisement, slogan, or device design, shape, or content, could be confused with, or mistaken $ 172.502 (a) (2). warning placard is prohibited under potential for dilution of the hazard warning communication that This prohibition is intended to limit the would be provided by an appropriate hazardous materials placard. Based on our review of the photographs that you provided, it is our opinion that the orange placard holders that are affixed to a confused by color, design and shape with an explosive placard. contrasting background, as depicted in your enclosures, could be background are prohibited under $ 172.502 (a) (2). Therefore, the orange placard holders shown on a contrasting The white placard holders that are affixed to a contrasting background, as $ 172.502 (a) (2). depicted in your enclosures, are not prohibited under 172,508 020211#

Page 2It is our opinion that neither the white placard holders nor the orange holders displayed on an orange background would be confused with, or mistaken for, a hazard warning placard and, therefore, neither is prohibited under $ 172.502 (b) (2). I hope this satisfies your inquiry. If we can be of further assistance, please contact us. Sincerely, Director, Materials Office of Hazardous Standards#

Page 3INFOCNTR From: To: Sent: Mike Ritchie [Michael.Ritchie@dot.state.mn.us] Monday, August 19, 2002 3:12 PM Subject: Request for clarification of 49 CFR 172.502 & 172.516 Infocntr, Infocntr <RSPA- "BAHt $172.502 §172.516 ustholland4.JPG tholland08132002.JP Mike Ritchie.vcf Edward Mazzullo Placarding Director, Office of Hazardous Materials Standards USDOT/ RSPA 02-0211 Dear Mr. Mazzuilo, ransportation Program Specialists from out office have issued warning CFR Subpart F. nd tickets on apparent violations of the placarding requirements of 4 172.516 (c) (7) requires placards to be affixed to a background o1 line that contrasts with the background color. ontrasting color, or be surrounded by a border of a dotted or solic The photo titled ustholland4, placard display requirements? The photo titled 1 holland081 shows a side view of a trailer. A hinged holder are displayed on an orange background. Mal or i displayed on an orange peckgron anage lad of Ninet background on an empty placard holder or the Jould display of a class 6 placard on a white background with no borde lacard a violation because it may resemble a class 6 poison placard please contact me. Thank you for your attention to this matter. If you have any questions Yours truly, Hazardous Materials Specialist Michael Ritchie Office of Motor Carrier Services Minnesota Department of Transportation Mendota Heights, MN 55120 1110 Centre Pointe Curve, MS420 michael.ritchie@dot.state.mn.us (651) 405-6120#