Hyundai America Shipping Agency — Hazardous Materials Safety Interpretation

Page 1400 Seventh Street, S.W. Wastington, D.C. 20590 Pipeline and Hazardous Materials Safety Administration AUG 10 2006 Mr. Herb Giles Reference No.: 06-0074 Hyundai America Shipping Agency Manager, Hazardous Materials 1425 Greenway Drive, Suite 600 Irving, TX 75038 Dear Mr. Giles: Materials Regulations (HMR; 49 CFR Parts 171-180) regarding placarding requirements This is in response to your March 3, 2006 letter requesting clarification of the Hazardous in accordance with the provisions of the International Maritime Dangerous Goods (IMDG) for hazardous material shipments that are being offered for transportation and transported must meet the requirements in § 172.516. You also enclosed a copy of a letter (Ref. No. Code. Specifically, you asked if a shipment prepared in accordance with the IMDG Code 05-0276) that asked for clarification of the placarding requirements under the FMR. I apologize for the delay in responding and hope it has not caused any inconvenience. As provided by § 171.12(b), a hazardous material that is packaged, marked, classed, labeled, placarded, described, stowed and segregated, and certified in accordance with the IMDG Code may be offered and accepted for transportation and transported within the United States subject to the conditions and limitations specified in § 171.12 (b)(1) - (22). The IMDG Code does not specifically prohibit wrapping placards over corrugated surfaces. Thus, a shipment prepared in accordance with the IMDG Code need not meet the requirements in § 172.516. Our response to the above referenced letter is based on the placarding requirements in Subpart F of the HMR, not the IMDG Code. I trust this satisfies your request. Sincerely, Had 3. Mazulle Edward T. Mazzullo Director, Office of Hazardous Materials Standards 171.12() 172.516 060074#

Page 2Corbim 3112.516 $171.12.(b) HYUNDAI Placarding AMERICA SHIPPING AGENCY, INC. 06-0074 16 March 2006 Office of Hazardous Materials Standards Attn: DHM-10, US Department of Transportation Pipeline and Hazardous Materials Safety Washington, DC 20590-0001 400 7th Street SW 1425 Greenway Drive, Ste 600 Hyundai America Shipping Agency Irving, Texas 75038 Re: Markings and PHMSA Interpretation Letter 05-0276 (Visibility of Placarding) (Attached) Department letter requesting PHMSA's interpretation of the proper The subject letter was written in response to a Long Beach Police direction the markings and placarding, specifically being visible from the and placarding face. This is addressed in accordance with the International Maritime Dangerous Goods (IMDG) Code, Section 172.12 specifically states containers placarded in may be transported within the United States. the dangerous goods markings ur placards to be visible from Nothing in the IMDG code the direction they face. Based on the above, I have the following transported internationally, does 172.516 apply or will contairers If the container laden with dangerous goods is being comply with section 171.12? placarded in accordance with the IMDG Code and moving internationally apply placards and/or marking to any freight container without part of situation as it is absolutely impossible to the placards, marking or orange panel used for the display of the ID If this interpretation remains valid, the tens of thousands of number being obscured by the corrugated sides of a freight container. container moving internationally will be in violation. Worse yet, no Best Regards, Lout bilis Manager, Hazardous Materials Giles 972-550-2645 Hyundai America Shipping Agency MERIDIAN BUILDING • 1425 GREENWAY DRIVE, SUITE 600 • IRVING, TX 75038 HONE: (972) 550-2600 • FAx: (972) 550-2695#