Hyundai America — Hazardous Materials Safety Interpretation

Page 1J.S. Department of Transportatior Washington, D.C. 20590 400 Seventh St., S.W. Special Programs Research and JAN 1 8 2005 Administration Mr. Herbert Giles Reference No.: 04-0196 Manager, Hazardous Material Hyundai America 1425 Greenway Drive Suite 600 Irving, TX 75038 Dear Mr. Giles: This responds to your letter requesting further clarification of the placarding requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if it is a violation to affix placards to a non-flat surface (e.g.: corrugated) of a freight container. It is difficult for us to evaluate the merits of the specific placard in question without seeing a picture of the placard on the freight container. However, the HMR do not prohibit placards from being placed on a corrugated surface if the placards still comply with the visibility and display requirements specified in § 172.516. I trust this satisfies your inquiry. Sincerely, Hattie Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials : Standards MINANIMII 172.516 040196#

Page 2Satterthumute. 5172.516 HYUNDAI Placarding AMERICA SHIPPING AGENCY, INC. 04-0146 20 December 2004 To: office of Hazardous Material Standards (DHM 10) U. S. Department of Transportation 400 7th Street SW Washington, D. C. 20590 From: Hyundai America Shipping Agency (Hazardous Material Department) Irving, Texas 75038 1425 Greenway Drive, Suite 600 Subj: Letter of Interpretation citation by the Long Beach Police Department alleging that the Recently, one of our in-house trucking companies received a container was not readable and therefore was in violation of section hazardous material placards affixed to the front panel of an intermodal 172.516 (c) (5) 49 CFR. viewed from an angle rather than directly from the direction the In addition, the citation states that when placard faced, only "927" of the ID number 2927 could be viewed from the officer whom wrote the citation was attempting to read the ID the left front and only "292" from the right front. In other words, numbex 2927 from it seems a 45 degree angle. Long Beach policeman cited the trucker, the U. S. Coast Guard Marine Just minutes before the Safety Office had inspected the same container and found no defects or violations of either the 49 CFR or the IMDG Code. placard on a rail car must be clearly visible from the direction it Section 172.516 (a) reads "Each placard on a motor vehicle and each met by the placards displayed on the freight containers or portable faces, etc". This section goes on to state "This requirement may be tanks loaded or a motor vehicle or rail car." 3. My question is: container obscure the visibility of placards, is it a violation of the a. Since the corrugated sides (especially the front) of a freight HMR to affix placards to freight containers that do not have a flat surface welded on each of the four sides specifically for the purpose of affixing placards to its flat surface? 4. I look forward to your response. Best Regards, Halibites Herbert Hyundai Manager, Hazardous Material 972-550-2645 America MERIDIAN BUILDING • 1425 GREENWAY DRIVE, SUITE 600 • IRVING, TX 75038 PHONE: (972) 550-2600 • FAx: (972) 550-2695#