Q. A. Safety — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation pipeline and Hazardous Materials Safety Administration NOV 2 g 2007 1200 New Jersey Avenue, SE Washington, D.C. 20590 Mr. Ray L. Faucheux, Jr. Security Manager Q. A. Safety 5240 Coffee Drive New Orleans. LA 70 1 15 Ref. No.: 07-0201 Dear Mr. Faucheux: This responds to your letter dated October 15,2007, regarding the term "obliterated" as it applies to placard displays on freight containers and transport vehicles under the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1- 180). You enclosed photographs of partial and painted over placard displays for our review. According to your letter, your company's coffee processing plant receives 20-foot shipping containers from all over the world. At times containers arrive at your company's drop lots with placards, partial placards, painted over placards, and sometimes just the placard backing. Your questions are paraphrased and answered as follows: Q1. Is it true that placards must be removed from a freight container and transport vehicle when it does not contain a hazardous material or after the containers have been cleaned? Al. Your understanding is correct. Generally, no person may, by marking or otherwise (e.g., placarding), represent that a hazardous material is present in a package, container, motor vehicle, rail car, aircraft or vessel if the hazardous material is not present ($ 1 7 1.2(k)). Specifically, no person may affix or display on a packaging, freight container, unit load device, motor vehicle or rail car a hazard warning placard unless the material being offered or transported is a hazardous material, the placard represents the hazard of the material, and the placard conforms to the requirements of the HMR (9 172.502(a)(l)). Placards on an empty packaging sufficiently cleaned of residue and purged of vapors to remove any potential hazard must be removed, obliterated, or securely covered in transportation ($ $ 173.29(b)(l) and (2) and 172.5 14(b)(l)).#

Page 242. A2. 43. A3. 44. A4. As the term "obliterated" is used under the HMR, at what point is a container considered not placarded? The term "obliterated", although not specifically defined under the HMR, is intended to mean destroy or eradicate (e.g., by painting over) so as to represent that the container holds a hazardous material in transportation; at which point, a container is not considered placarded. Is it permissible to paint over a placard, or partially remove it? Painting over the placard, if it completely covers it, would be acceptable; however, a partially removed placard display does not conform to the requirements of the HMR and is prohibited under 9 172.502(a)(2)). Isit permissible to have the glue or backing of a placard left on a container? The glue or backing of a placard left on a container is not a violation of the HMR. The HMR do not prescribe methods for cleaning the outside of a freight container or a transport vehicle. I hope this satisfies your inquiry. If we can be of further assistance, please contact us. Office of Hazardous ~aierials#

Page 3From: INFOCNTR <PHMSA> Sent: Monday, October 15,2007 3:28 PM To: Drakeford, Carolyn <PHMSA> Subject: FW: Remnants of Placards in Drop Lot Attachments: Ray Faucheux.vcf; Placard-01 .JPG; Placard-02.JPG; Placard-03.JPG; Placard-04.JPG; Placard-O5.JPG; Placard-06. JPG; Placard-07. JPG Carolyn, Could you process this as an interp letter? The picture attachments need to be included too if possible, preferably in color so that whoever is writing the response can see what he is getting at. Thanks buddy! Erin From: Ray Faucheux [mailto:R.Faucheux@silocaf.com] Sent: Monday, October 15, 2007 3:05 PM To: Ray Faucheux; INFOCNTR <PHMSA> Subject: RE: Remnants of Placards in Drop Lot Please see attached pictures. I would like a definition of obliterated. Thank you, Ray L. Faucheux Jr. From: Ray Faucheux Sent: Monday, October 15,2007 10:53 AM To: 'infocntr@dot.govl Subject: Remnants of Placards in Drop Lot Importance: High DOT Help, Can you please clarify the regulations concerning placarded containers? We are a coffee processing plant, and receive 20 foot shipping containers from all over the world. At times containers arrive at our drop lots with placards, partial placards, painted over placards, and sometimes just the placard backing. The way I read the regulations, the placards must be removed after the containers have been cleaned. It is also against the regulations for a container to be placarded when it does not contain hazardous materials. My questions are at what point is a container considered not placarded? Is it ok to have the placard painted over? Is it ok to have partially removed placards? Is it ok to have the glue or backing of a placard left on a container? I would like clarification to ensure that we maintain compliance with all regulations.#

Page 4Page 1 of 1 Drakeford, Carolyn <PHMSA> From: INFOCNTR <PHMSA> Sent: Monda.y, October 15, 2007 3:28 PM To: Drakeford, Carolyn <PHIVISA> Subject: FW: Remnants of Placards in Drop Lot Attachments: Ray Faucheux.vcf; Placard-01 .JPG; Placard-02.JPG; Placard-03.JPG; Placard-04.JPG; Placard-O5.JPG; Placard-O6.JPG; Placard-07.JPG Ray L. Faucheux Jr. Q.A./Safety/Security Manager 5240 Coffee Dr. New Orleans, LA 70 1 15 Phone: (504) 896-7800 ext. 120 Fax: (504) 896-4352 Cell: (504) 343-3052 R.Faucheuxi~silocaf.com CONF IDENTlALlTY NOTICE: 7-his e-mail rrtessage, incli~cling any attach!nents. is for the sole use of'tl-~e intended recipient(s) arlcl may contain confidential or proprietary information. Afry ~~~lai~tl?orized revmv: use, disclosure or distr~bution is prohibited If you are not the htended recipiei7t, immediately contact tl?e sender by reply e-mail and destroy all copies of the origiiial message.#

Page 54 9CFR17 1.2 (k) No person may, by marking or otherwise, represent that a hazardous material is present in a package, container, motor vehicle, rail car, aircraft, or vessel if the hazardous material is not present. (I) No person may alter, remove, deface, destroy, or otherwise unlawfully tamper with any marking, label, placard, or description on a document required by Federal hazardous material transportation law or the regulations issued under Federal hazardous material transportation law. No person may alter, deface, destroy, or otherwise unlawfully tamper with a package, container, motor vehicle, rail car, aircraft, or vessel used for the transportation of hazardous materials. 49CFR171.l(g). Each person who knowingly violates a requirement of the Federal hazardous material transportation law, an order issued under Federal hazardous material transportation law, subchapter A of this chapter, or a special permit or approval issued under subchapter A or C of this chapter is liable for a civil penalty of not more than $50,000 and not less than $250 for each violation, except the maximum civil penalty is $100,000 if the violation results in death, serious illness or severe injury to any person or substantial destruction of property, and a minimum $450 civil penalty applies to a violation relating to training. When a violation is a continuing one and involves transporting of hazardous material or causing them to be transported, each day of the violation is a separate offense. Each person who knowingly violates §171.2(1) or willfully or recklessly violates a provision of the Federal hazardous material transportation law, an order issued under Federal hazardous material transportation law, subchapter A of this chapter, or a special permit or approval issued under subchapter A or C of this chapter, shall be fined under title 18, United States Code, or imprisoned for not more than 5 years, or both, except the maximum amount of imprisonment shall be 10 years in any case in which a violation involves the release of a hazardous material which results in death or bodily injury to any person. 173.9 Transport vehicles or freiqht containers containinq ladins which has been fumiaated. (b) No person may offer for transportation or transport a rail car, freight container, truck body, or trailer in which the lading has been fumigated or treated with any material, or is undergoing fumigation, unless the FUMIGANT marking specified in paragraph (e) of this section is prominently displayed so that it can be seen by any person attempting to enter the interior of the transport vehicle or freight container. (e)(l) The FUMIGANT marking must consist of red or black letters on a white background that is at least 30 cm (11.8 inches) wide and at least 25 cm (9.8 inches) high. (e)(2) The "*" shall be replaced with the technical name of the fumigant. (g) For international shipments, transport documents should indicate the date of fumigation, type and amount of fumigant used, and instructions for disposal of any residual fumigant, including fumigation devices. (h) Any person subject to the requirements of this section, solely due to the fumigated lading, must be informed of the requirements of this section and the safety precautions necessary to protect themselves and others in the event of an incident or accident involving the fumigated lading.#

Page 6SILOCAF OF NEW o m s , WC. PROCEDURG #: PROBos015 TITLE Drop Lot Container k\spechon TOTAL # OF PAGES: 10 EFFECTWE DATE:#/ 29/2007 The Hazardous Materials Regulations (HMR) require most vehicles h~rling hazardous materials to be placarded - and stioulate the emo oval of olacards from any vehicle not car1 Yin~ hazardous materials. 49CFRl72.502(a)Prolibifed pIucatQi~~g No person may affix or display 011 a pacbgmg, fireight container, unit load device, motor vehcle or rad car- * (aK1) Any placard described iu this subpart unless (a)(l)(i) The material being offered or transported is a h m d o u s inaterial . 49CFR172.514 Btslkpocka~~gs @) Each bulk packaging tlmr is required to be placerded when it contains a hazardous mterial, must remain placarded when it is emptied, unless it- * (Wt) Is s~fficieatly clemed of residue and purged of vapors to I remove any potential hazard I Contalllers contahlg placards, or remnants of placards \vil1 be rejected (Glue or outline will be accepted) Sec~u-ity will notify appropriate pasotll~ei when placarded coirtainer are rejected, and when container is accepted after placard or remmits have been removed. The container will be placed on HOLD uutil a Certificate of Cleanliness is received for that container. Container can OhZY be haken after receipt of C d c a t e of Clembess.#