{"operation":"document","citation":"06-0130","title":"A Duie Pyle Companies — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-06-16","effective_on":null,"summary":"06-0130 response to A Duie Pyle Companies concerning 172.506.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0130.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0130.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0130","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060130.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nHazardous Materials Safet)\nPipeline anc\nAdministration\nJUN T6 2006\nMr. Richard D. Kaczynski\nRef. No.: 06-0130\nSafety Manger\nA Duie Pyle Companies\nP.O. Box 564\nWest Chester, PA 19381\nDear Mr. Kaczynski:\nThis is in response to your letter requesting clarification of the placarding requirements\nlocated in § 172.506 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-\n180). Specifically, you ask if an offeror is required to verify that the carrier's vehicle is\nthe offeror's responsibility to furnish placards to the carrier and the carrier's\nproperly placarded prior to leaving his facility. You indicate, that under § 172.506 it is\nresponsibility to affix those placards to the transport vehicle.\nUnder § 172.506(a) each person offering a motor carrier a hazardous material for\ntransportation must provide the motor carrier the required placards for the material being\noffered prior to or at the same time the material is offered for transportation. The HMR\ndo not specify when placards must be applied to or removed from a motor vehicle.\nHowever, § 172.506(a)(1) specifically states that no motor carrier may transport a\nmaterial are affixed thereto. Therefore, if the offeror provides the required placards, it\nhazardous material in a motor vehicle unless the placards required for the hazardous\nbecomes the motor carrier's responsibility to affix those placards or, if other hazardous\nmaterials are already on the motor vehicle, the placards required by Part 172, Subpart F.\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely,\n1 emer Said Doroman.\nOffice of Hazardous Materials Standards\n172.506\n060130\n\n<<<PAGE 2>>>\n\nA Dule Fyle Companies\n610-696-5800 • Web Site: www.pyleco.com • E-mail: sales@pyleco.com\n650 Westtown Road, P.O. Box 564, West Chester, PA 19381-0564\nSupko\nMay 15, 2006\n8172-506\nMr. Edward T. Mazzullo\n3177823(0)\nDirector, Office of Hazardous Materials Standards\n400 7TH Street S. W\nU.S. DOT/PHMSA (PHH-10)\nPlacarding\nWashington, D.C. 20590-0001\n06-01\nDear Mr. Mazzullo;\nI am writing to you in regards to a recent placarding violation my Company received. One of the\ndivisions of our Company is a very busy warehousing and distribution operation. We store a\nvariety of different commodities for various customers and tender them to different carriers as\narranged by our warehouse customer. A while back we tendered a shipment to a carrier that\nconsisted of 11,000 Ibs of class 8 (corrosive) as well as 3,784 Ibs. of class 5.1 (oxidizer) on the .\nrequired for that load. Placards were offered and the carrier was off on his way to Texas. While\nsame truck. Our shipping paper had the required information in addition as to what placards were\ntraveling through Pennsylvania he was stopped by a trooper and inspected. The inspection by the\ntrooper revealed that the vehicle was not properly placarded. The truck only had a corrosive\nplacard on all four sides of the vehicle and failed to display the oxidizer for the 3,784 Ibs. of\nmaterial. Not only was the carrier fined but also so were we as the offeror for failing to be in\ncompliance with 172.500(a).\nMy question for you is are we the offeror required to make sure that the vehicle is properly\nplacarded prior to leaving the facility or is that the driver's ultimate responsibility? Our\ninterpretation under 49 CFR 172.506(a) says that we as the offeror only have to provide the\nplacards and 172.506(b) says that the driver is responsible for affixing them. Furthermore,\nplacarded. Is there anything in 49CFR that says that the offeror has to do anything additionally\n177.823(a) reads to us that the carrier cannot move a vehicle unless it is properly marked and\nother that just providing the placards or are we required to inspect each truck prior to leaving our\nfacilities to make sure that they are placarded properly?\nThanking you in advance for your thoughts and guidance.\nRespectfully,\n20s.\nRichárd D. Kaczynski\nSafety Manager\nP.O. Box 564\nA Duie Pyle Companies\nPH: 610-696-5800 x3182\nWest Chester, PA 19381\nFax; 610-696-2825","truncated":false,"body_characters":4161}