{"operation":"document","citation":"07-0201","title":"Q. A. Safety — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-11-29","effective_on":null,"summary":"07-0201 response to Q. A. Safety concerning 172.500, 172.502.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0201.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0201.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0201","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070201.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\npipeline and Hazardous\nMaterials Safety\nAdministration\nNOV 2 g 2007\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMr. Ray L. Faucheux, Jr.\nSecurity Manager\nQ. A. Safety\n5240 Coffee Drive\nNew Orleans. LA 70 1 15\nRef. No.: 07-0201\nDear Mr. Faucheux:\nThis responds to your letter dated October 15,2007, regarding the term \"obliterated\" as it\napplies to placard displays on freight containers and transport vehicles under the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 17 1- 180). You enclosed photographs of partial\nand painted over placard displays for our review.\nAccording to your letter, your company's coffee processing plant receives 20-foot shipping\ncontainers from all over the world. At times containers arrive at your company's drop lots\nwith placards, partial placards, painted over placards, and sometimes just the placard\nbacking. Your questions are paraphrased and answered as follows:\nQ1. Is it true that placards must be removed from a freight container and transport vehicle\nwhen it does not contain a hazardous material or after the containers have been\ncleaned?\nAl. Your understanding is correct. Generally, no person may, by marking or otherwise\n(e.g., placarding), represent that a hazardous material is present in a package,\ncontainer, motor vehicle, rail car, aircraft or vessel if the hazardous material is not\npresent ($ 1 7 1.2(k)).\nSpecifically, no person may affix or display on a packaging, freight container, unit\nload device, motor vehicle or rail car a hazard warning placard unless the material\nbeing offered or transported is a hazardous material, the placard represents the hazard\nof the material, and the placard conforms to the requirements of the HMR (9\n172.502(a)(l)).\nPlacards on an empty packaging sufficiently cleaned of residue and purged of vapors\nto remove any potential hazard must be removed, obliterated, or securely covered in\ntransportation ($ $ 173.29(b)(l) and (2) and 172.5 14(b)(l)).\n\n<<<PAGE 2>>>\n\n42. A2. 43. A3. 44. A4. As the term \"obliterated\" is used under the HMR, at what point is a container\nconsidered not placarded?\nThe term \"obliterated\", although not specifically defined under the HMR, is intended\nto mean destroy or eradicate (e.g., by painting over) so as to represent that the\ncontainer holds a hazardous material in transportation; at which point, a container is\nnot considered placarded.\nIs it permissible to paint over a placard, or partially remove it?\nPainting over the placard, if it completely covers it, would be acceptable; however, a\npartially removed placard display does not conform to the requirements of the HMR\nand is prohibited under 9 172.502(a)(2)).\nIsit permissible to have the glue or backing of a placard left on a container?\nThe glue or backing of a placard left on a container is not a violation of the HMR.\nThe HMR do not prescribe methods for cleaning the outside of a freight container or a\ntransport vehicle.\nI hope this satisfies your inquiry. If we can be of further assistance, please contact us.\nOffice of Hazardous ~aierials\n\n<<<PAGE 3>>>\n\nFrom: INFOCNTR <PHMSA>\nSent: Monday, October 15,2007 3:28 PM\nTo: Drakeford, Carolyn <PHMSA>\nSubject: FW: Remnants of Placards in Drop Lot\nAttachments: Ray Faucheux.vcf; Placard-01 .JPG; Placard-02.JPG; Placard-03.JPG; Placard-04.JPG;\nPlacard-O5.JPG; Placard-06. JPG; Placard-07. JPG\nCarolyn,\nCould you process this as an interp letter? The picture attachments need to be included too if possible,\npreferably in color so that whoever is writing the response can see what he is getting at. Thanks buddy!\nErin\nFrom: Ray Faucheux [mailto:R.Faucheux@silocaf.com]\nSent: Monday, October 15, 2007 3:05 PM\nTo: Ray Faucheux; INFOCNTR <PHMSA>\nSubject: RE: Remnants of Placards in Drop Lot\nPlease see attached pictures.\nI would like a definition of obliterated.\nThank you,\nRay L. Faucheux Jr.\nFrom: Ray Faucheux\nSent: Monday, October 15,2007 10:53 AM\nTo: 'infocntr@dot.govl\nSubject: Remnants of Placards in Drop Lot\nImportance: High\nDOT Help,\nCan you please clarify the regulations concerning placarded containers? We are a coffee processing plant, and\nreceive 20 foot shipping containers from all over the world. At times containers arrive at our drop lots with\nplacards, partial placards, painted over placards, and sometimes just the placard backing. The way I read the\nregulations, the placards must be removed after the containers have been cleaned. It is also against the\nregulations for a container to be placarded when it does not contain hazardous materials.\nMy questions are at what point is a container considered not placarded? Is it ok to have the placard painted\nover? Is it ok to have partially removed placards? Is it ok to have the glue or backing of a placard left on a\ncontainer? I would like clarification to ensure that we maintain compliance with all regulations.\n\n<<<PAGE 4>>>\n\nPage 1 of 1\nDrakeford, Carolyn <PHMSA>\nFrom: INFOCNTR <PHMSA>\nSent: Monda.y, October 15, 2007 3:28 PM\nTo: Drakeford, Carolyn <PHIVISA>\nSubject: FW: Remnants of Placards in Drop Lot\nAttachments: Ray Faucheux.vcf; Placard-01 .JPG; Placard-02.JPG; Placard-03.JPG; Placard-04.JPG;\nPlacard-O5.JPG; Placard-O6.JPG; Placard-07.JPG\nRay L. Faucheux Jr.\nQ.A./Safety/Security Manager\n5240 Coffee Dr.\nNew Orleans, LA 70 1 15\nPhone: (504) 896-7800 ext. 120\nFax: (504) 896-4352\nCell: (504) 343-3052\nR.Faucheuxi~silocaf.com\nCONF IDENTlALlTY NOTICE: 7-his e-mail rrtessage, incli~cling any attach!nents. is for the sole use of'tl-~e\nintended recipient(s) arlcl may contain confidential or proprietary information. Afry ~~~lai~tl?orized revmv:\nuse, disclosure or distr~bution is prohibited If you are not the htended recipiei7t, immediately contact tl?e\nsender by reply e-mail and destroy all copies of the origiiial message.\n\n<<<PAGE 5>>>\n\n4 9CFR17 1.2 (k) No person may, by marking or otherwise, represent that a hazardous material is\npresent in a package, container, motor vehicle, rail car, aircraft, or vessel if the hazardous material\nis not present.\n(I) No person may alter, remove, deface, destroy, or otherwise unlawfully tamper with any\nmarking, label, placard, or description on a document required by Federal hazardous material\ntransportation law or the regulations issued under Federal hazardous material transportation law.\nNo person may alter, deface, destroy, or otherwise unlawfully tamper with a package, container,\nmotor vehicle, rail car, aircraft, or vessel used for the transportation of hazardous materials.\n49CFR171.l(g). Each person who knowingly\nviolates a requirement of the Federal hazardous material transportation law,\nan order issued under Federal hazardous material transportation law,\nsubchapter A of this chapter, or a special permit or approval issued under\nsubchapter A or C of this chapter is liable for a civil penalty of not more\nthan $50,000 and not less than $250 for each violation, except the maximum\ncivil penalty is $100,000 if the violation results in death, serious illness\nor severe injury to any person or substantial destruction of property, and a\nminimum $450 civil penalty applies to a violation relating to training. When\na violation is a continuing one and involves transporting of hazardous\nmaterial or causing them to be transported, each day of the violation is a\nseparate offense. Each person who knowingly violates §171.2(1) or willfully\nor recklessly violates a provision of the Federal hazardous material\ntransportation law, an order issued under Federal hazardous material\ntransportation law, subchapter A of this chapter, or a special permit or\napproval issued under subchapter A or C of this chapter, shall be fined\nunder title 18, United States Code, or imprisoned for not more than 5 years,\nor both, except the maximum amount of imprisonment shall be 10 years in any\ncase in which a violation involves the release of a hazardous material which\nresults in death or bodily injury to any person.\n173.9 Transport vehicles or freiqht containers containinq ladins which has been\nfumiaated. (b) No person may offer for transportation or transport a rail car, freight container,\ntruck body, or trailer in which the lading has been fumigated or treated with any material, or is\nundergoing fumigation, unless the FUMIGANT marking specified in paragraph (e) of this section is\nprominently displayed so that it can be seen by any person attempting to enter the interior of the\ntransport vehicle or freight container.\n(e)(l) The FUMIGANT marking must consist of red or black letters on a white background that is at\nleast 30 cm (11.8 inches) wide and at least 25 cm (9.8 inches) high.\n(e)(2) The \"*\" shall be replaced with the technical name of the fumigant.\n(g) For international shipments, transport documents should indicate the date of fumigation, type\nand amount of fumigant used, and instructions for disposal of any residual fumigant, including\nfumigation devices.\n(h) Any person subject to the requirements of this section, solely due to the fumigated lading,\nmust be informed of the requirements of this section and the safety precautions necessary to\nprotect themselves and others in the event of an incident or accident involving the fumigated\nlading.\n\n<<<PAGE 6>>>\n\nSILOCAF OF NEW o m s , WC.\nPROCEDURG #: PROBos015\nTITLE Drop Lot Container k\\spechon\nTOTAL # OF PAGES: 10\nEFFECTWE DATE:#/ 29/2007\nThe Hazardous Materials Regulations (HMR) require most vehicles\nh~rling hazardous materials to be placarded - and stioulate the\nemo oval of olacards from any vehicle not car1 Yin~ hazardous\nmaterials.\n49CFRl72.502(a)Prolibifed pIucatQi~~g No person may affix or\ndisplay 011 a pacbgmg, fireight container, unit load device, motor\nvehcle or rad car-\n* (aK1) Any placard described iu this subpart unless\n(a)(l)(i) The material being offered or transported is a h m d o u s\ninaterial .\n49CFR172.514 Btslkpocka~~gs\n@) Each bulk packaging tlmr is required to be placerded when it\ncontains a hazardous mterial, must remain placarded when it is\nemptied, unless it-\n* (Wt) Is s~fficieatly clemed of residue and purged of vapors to\nI remove any potential hazard\nI\nContalllers contahlg placards, or remnants of placards \\vil1 be rejected (Glue or outline will be\naccepted)\nSec~u-ity will notify appropriate pasotll~ei when placarded coirtainer are rejected, and when container is\naccepted after placard or remmits have been removed.\nThe container will be placed on HOLD uutil a Certificate of Cleanliness is received for that container.\nContainer can OhZY be haken after receipt of C d c a t e of Clembess.","truncated":false,"body_characters":10529}