Con-way — Hazardous Materials Safety Interpretation

Page 1MAY 30 2006 400 Seventh Street, S.W. Washington, D.C. 20590 azardous Materials Safel ipeline an‹ Administration Mr. Robert Petrancosta Ref. No.: 06-0108 Director, Safety and Environmental Compliance 110 Parkland Plaza Con-way Ann Arbor, MI 48103 Dear Mr. Petrancosta: This is in response to your letter and subsequent conversations with Del Billings concerning the placement of placards on a vehicle under the Hazardous Materials of a placard holder on the side of a transport vehicle. The placard holder is positioned on Regulations (HMR; 49 CFR Parts 171-180). You provided a description and photographs top of multi-colored stripes that run horizontally along the trailer. You ask if the location of the placard, as described and shown in the photographs, is in compliance with the HMR. It is the opinion of this Office that the placement of the placards over the horizontal stripes as described in your letter and shown in your photographs is not a violation of the HMR. In accordance with § 172.502(a)(2), it is prohibited to affix or display any sign, advertisement, slogan, or device that, by its color, design, shape or content, could be confused with any placard prescribed in Part 172, Subpart F. The painted stripe is not a sign, advertisement, slogan, or device and could not be confused with a placard. Additionally, the placard must be displayed away from any marking including painted stripe is seen as a background color rather than a marking and does not advertising) that could substantially reduce its effectiveness (see § 172.516(c)(4)). The in the event a placard shares the same color as a part of the horizontal striped background, substantially reduce the effectiveness of the placard and; therefore, is permissible. Finally, a dotted or solid line outer border may be used when needed to provide contrast with the background color (see § 172.519(b)(2)). I hope this satisfies your request. Sincerely, thae fe Ofett Office of Hazardous Materials Standards Senior Transportation Specialist 172.502 (a)(z) 172.516 c4) 060108#

Page 2BAH Page 1 of 2 8172:502 (a 2) 3/72.516(c4 Drakeford, Carolyn <PHMSA> placardina From: Mazzullo, Ed <PHMSA> 06-8108 Sent: Friday, May 05, 2006 9:14 AM To: Drakeford, Carolyn <PHMSA> CC: Betts, Charles <PHMSA>; Gale, John <PHMSA>; Gorsky, Susan <PHMSA›; Mazzullo, Ed <PHMSA>; Mitchell, Hattie <PHMSA> Subject: FW: Interpretation Carolyn: Please assign for response. Specialist: Del Billings and I spoke to Mr. Petrancosta in person and told him the lacement of placards over a stripe is not a violation of anything. He would like vritten confirmation; please respond by letter to this email and could not be confused with a placard. 172.502 (a) (2): The painted stripe is not a sign, advertisement, slogan, or device 172.516 (c) (4): We view the painted stripe as a background color rather than a marking placard. and in any case something that would not reduce the effectiveness of the 172.519 (b) (2) : of the placard (Dangerous When Wet?) placards have). Ed -----Original Message----- Sent: Thursday, May 04, 2006 5:33 PM From: Petrancosta, Robert G - CTS [mailto:Petrancosta.Robert@con-way.com] Subject: Interpretation To: Mazzullo, Ed <PHMSA> Dear Mr. Mazzullo; come rance to stadada rose 49 R112 c4, the placard holdead musta be in from any marking (such as advertising) that could substantially reduce its "located away effectiveness, and in any case at least 3 inches ... away from such marking'; 172.502 (a) (2), which prohibits the placement on a trailer of "[alny sign, could be confused permits use of "a dotted or solid line outer border with any placard prescribed" in PHMSA's regulations; and 172.519 (b) (2), which full size of a placard that is ... on a background of a non-contrasting color." ... when needed to indicate the I look forward to your response. Thank you. <<Placards.pdf>> 5/8/2006#

Page 3Page 2 of 2 Robert: Petrancosta Con- way Director, Safety and Environmental Compliance 110 Parkland Plaza T: 734-214-5629 Ann Arbor, MI 48103 F: 734-214-5652 petrancosta.robert@con-way.com 5/8/2006#

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