Pilot Chemical Company — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Hazardous Materials Safety Administration JUL 26 2007 Mr. Matthew J. Leary Ref. No.: 07-0081 Corporate EHS Manager Pilot Chemical Company 2744 E. Kemper Road Cincinnati, OH 45241 Dear Mr. Leary: responsible to ensure placards are affixed to an isotainer offered for transportation by This is in response to your letter dated April 12, 2007, requesting clarification as to who is highway to a rail yard under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if the offeror or the carrier has the responsibility to affix placards to the isotainer in the scenario you describe. As provided by § 172.514, each person who offers for transportation a bulk packaging §§ 172.504 and 172.505. In addition to the placards required to be placed on a bulk which contains a hazardous material must affix the placards specified for the material in package by the offeror, each person offering a motor carrier a hazardous material for ransportation by highway must provide the motor carrier with the required placards for he material being offered prior to or at the same time the material is offered for transportation, unless the carrier's motor vehicle is already placarded for the material. A motor carrier may not transport a hazardous material in a motor vehicle unless the placards required for the material are affixed to the motor vehicle (see § 172.506). I hope this information is helpful. Sincerely, Chiet, Standards Development Office of Hazardous Materials Standards 172.514 172.504 070081 172.505#

Page 21 age 1 ul 1 4. 50k §172.514 Jarman, Erin <PHMSA> §173.22 From: Matt J. Leary [mjleary@pilotchemical.com] Placarding Sent: Thursday, April 12, 2007 10:43 AM 07-0081 To: INFOCNTR <PHMSA> Subject: Request for Formal Interpretation To Whom It May Concern: I am writing to request a clarification on who is responsible for placarding. 49CFR 172.506 states "Each person offering a motor carrier a hazardous material for transportation by highway the material is offered for transportation"... whereas shall provide to the motor carrier the required placards for the material being offered prior to or at the same time material, shall affix the placards".... 49CFR 172.514 states "each person who offers for transportation a bulk packaging which contains a hazardous The Situation: An isotainer on a flat bed truck going by highway to a rail yard. he motor carrier or the group offering the material for transportation? Thanks in advance, for your response Based on this situation, which rule takes precedence? Essentially, who is responsible for placarding the isotainer Sincerely, Corporate EHS Manager Matthew J. Leary, CHMM Pilot Chemical Company 2744 E. Kemper Road (Ph) 513-326-0625 Cincinnati, OH 45241 (Fax) 513-326-0601 4/12/2007#