CHS Cooperatives — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Research and Washington, D.C. 20590 Special Programs Administration MAR 2 0 2003 Mr. John R. Macpherson Corp. C Manager Ref. No. 02-0263 16682B 245th Street CHS Cooperatives Mason City, IA 50401 Dear Mr. Macpherson, This is in response to your September 23, 2002, letter regarding placarding requirements on a cargo tank motor vehicle under the Hazardous Materials Regulations (HMR; 49 CFR photographs you provided, if you are in violation of Parts 171-180). Specifically, you ask based on the $ 172.516 (c) (4). The placards and markings shown in the provided photographs are 172.516 (c) (4) states that the placard must be located away not in violation of § 172.516 (c) (4). Section from any markings (such substantially reduce its effectiveness and in any case at as advertising) that could displayed next to the placards in the submitted photographs least 3 inches (76.0mm.) away from such marking. The markings are required by § 172.328 and Special Provision 13. markings. Therefore, § 172.516(c) (4) is not applicable to these I hope this satisfies your request. Sincerely, 11808 Transportation Regulations Specialist Office of Hazardous Materials Standards 172516 020263#

Page 2BAH CHS 8112.516 (c)4) COOPERATIVES placardina 02-0268 Cenex Fleet Service Center 16682B 245" Street Mason City, IA 50401 Phone: (641) 422-9346 Fax: 641) 422-9348 September 23, 2002 Mr. Edward T Madzulla US-D.O.I. - RSPA (DHM-10) Director of Hazardous Material Standards Washington, DC 20590-0001 00.7th Street RE: 172.$1560(4) Visibility and display of placards. Dear Mr. Madzulla; Be located away from any marking (such as advertising) that could substantially reduce its effectiveness, Our company is in need of an interpretation of this regulation. This regulation specifically states: and in any case at least 76.0 mm (3 inches) away from such markings. capacities of these vessels range from 9200-gallons to 15,200-gallons. We have encountered a problem We pperate. 350 plus. MC 331 DOT.Cargo transport vessels through out the US and Canada. The pictures of exactly how we are placarding these vessels. The problem we are encountering is that the label with the way we are placarding these vessels in Connecticut and Massachusetts. We have enclosed 4 is to close to the placards. The 2 above mentioned states are issuing citations at a fine of $500 for each one convey a hazard to the public and emergency personnel, we cannot understand how this can reduce the of these on the vessel. There are 4 per vessel for a total fine of $2000 per unit. Since we are trying to associated with the products we are transporting. Please give us your departments interpretation, sowe. effectiveness of the placard and contend that this improves the effectiveness in conveying the hazard have a clear understanding of this regulation. Your quick responșe to thiscatter will be-greaily appreciated. Sincerely: Phone: (641) 422-9346 Fax: Cell: (641) 430-3634, (641) 422-9348#