{"operation":"document","citation":"08-0098","title":"HazMat Resources, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-08-05","effective_on":null,"summary":"08-0098 response to HazMat Resources, Inc. concerning 172.504, 172.516.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0098.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0098.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0098","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080098.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Ave.. S.E.\nWashington. DC 20590\nVice President, Business Development\nHazMat Resources, Inc.\n1 0 1 04 Creedmoor Road\nRaleigh, NC 276 15\nRef. No. 08-0098\nDear Mr. Shelton:\nThis is in response to your letter dated April 17,2008, requesting clarification of $ 4 172.504\nand 172.51 6 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171 -1 80).\nSpecifically, you ask whether the display of a placard in a placard holder mounted clear of\nobstructions on the fender of a cargo tank motor vehicle facing the front or rear of the\ntransport vehicle satisfies the requirements of $9 172.504 and 172.516. You reference\nprevious letters of clarification dated August 6, 2004 from John Gale to Charles Phillips (Ref.\nNo. 04-0 164) and May 6, 1999 from Delmer Billings to Bruce Bugg (Ref. No. 99-0048) and\nprovide several photos. You indicate that the letters conflict with one another.\nWhen placarding is required by 5 172.504(a) of the HMR, a transport vehicle must be\nplacarded on each side and each end. The HMR require a placard to be clearly visible from\nthe direction it faces, except fiom the direction of another transport vehicle to which it is\ncoupled (see 5 172.5 16(a)). For purposes of the HMR, a \"transport vehicle\" is a cargo-\ncarrying vehicle, such as a van, tractor, trailer, semi-trailer, tank car, or rail car used for the\ntransportation of cargo by any mode. Each cargo-carrying body is a separate transport\nvehicle. In accordance with 4 171.8, a transport vehicle with no intermediate form of\ncontainment meets the definition of a bulk packaging.\nWe have reviewed the letters and the photos you submitted. The photos you provided are of\nplacards mounted on the front or rear end of semi-trailers used in a truck-tractorltrailer\nconfiguration. The letters you reference were provided by this office in response to very\nspecific.placarding questions. Letter 04-0164 addresses the display of placards on a single\ntransport vehicle (e.g., straight truck) as follows:\n\"Each placard on a motor vehicle must be visiblefrom the\ndirection it faces, except from the direction of \"another\ntransport vehicle\" to which the motor vehicle is coupled\n(1 72.516). In this case, the truck-tractor is not \"another\ntransport vehicle,\" because it is part of a single transport\n\n<<>>\n\nvehicle. Therefore, the obscuredplacard does not meet the\nvisibility requirement in j 1 72.51 6. A placard placed on the\nfront of the truck-tractor in accordance with j 172.516p)\nwould satisfj, the visibility requirement of j 172.51 6(a). \"\nLetter 99-0048 addresses two or more transport vehicles used in combination (e.g., truck-\ntractodsemi trailer) as follows:\n\"Section 172.504 states that a transport vehicle must be\nplacarded on each side and each end. A placard located on the\ntank fender that 'Ifaces\" the front of the tank is not \"on\" the\nfront end, and therefore, the placard does not comply with\n1 72.504. Additionally, the location of the placard does not\nsatisfj, the visibility requirements of 172.51 6(a). \"\nThe letters do not conflict, as you suggest. However, though the intent of letter 99-0048 was\nto prohibit front and rear placards that are not actually on the end of the transport vehicle, the\nlanguage in the letter actually implies that the front and rear placards cannot be on the fenders\neven if they are on the end of the transport vehicle. Placards that are on the end of the bulk\npackage, which includes a transport vehicle that has no intermediate form of containment,\nmay be used to meet the requirements in §$ 172.504(a) and 172.516(a).\nTherefore, this letter clarifies that in the truck-tractorltrailer configuration that you describe, a\nforward or rear facing placard, mounted so that its plane is substantially perpendicular to the\nlongitudinal axis of the vehicle, may be on the fender as long as it is visibly mounted on the\nend of the transport vehicle. You should also note, when the front of a transport vehicle is\nblocked by another transport vehicle (e.g., the truck tractor blocks the front of the semi-\ntrailer) it is our opinion that mounting a placard on the front of the truck-tractor in accordance\nwith 172.5 16(b) is the most effective means of satisfying the visibility requirements in\n172.5 16(a).\nI hope this satisfies your inquiry. If we can be of further assistance, please contact us.\nSincerely,\nDirector\nOffice of Hazardous Materials Standards\n\n<<>>\n\nPage 1 of 3\nDrakeford, Carolyn cPHMSA> 0 172 316.\nFrom: Mazzullo, Ed \nSent: Thursday, April 17, 2008 3:24 PM\nTo: Drakeford, Carolyn \nCc: Gale, John ; Billings, Delmer ; Gorsky, Susan \nSubject: FW: Display of Placards on the Fenders of Cargo Tanks\nAttachments: Texas DPS placard visibility.doc; 172.516 Visibility.pdf; Incoming and outgoing inter May 6,\n1999.pdf\nCarolyn\nPlease assign for response and let me know who gets this. Thanks.\nFrom: Danny Shelton [mailto:dgshelton@nc.rr.com]\nSent: Thursday, April 17, 2008 3:02 PM\nTo: Fritz Mead\nCc: John Conley; Mazzullo, Ed ; Simmons, James \nSubject: Display of Placards on the Fenders of Cargo Tanks\nPlease find attached the information that was transmitted on October\n26, 2004 regarding the requirement that the placard must be attached\nto the cargo tank. The regulations do not s~lpport this requirement\nonly that the placard be attached to the transport vehicle and the\nfender is certainly part of the transport vehicle.\nHere is what needs to happen. Both Highway Transport and Usher\nTransport need to challenge the violation in Data Ques. At the same\ntime I need copies of the roadside inspection reports and I will\ncommunicate this inforn~ation to Mr. TOIII Marlow, Division\nAdministrator for the Georgia Division and provide them the\nopportunity to update Georgia's training c~lrriculum regarding the\ntransportation of hazardous materials in bulk packages.\nEd, I have attached a copy of the 1999 interpretation and an August\n2004 interpretation for your reference. It appears these\ninterpretations conflict with one another. Ed, 1 was not able to find\nan interpretation that rescinded the 1999 interpretation so please\n\n<<>>\n\nPage 2 of 3\nconsider this e-mail as my official request for an interpretation\nregarding the visibility and display of placards on. cargo tank motor\nvehicles and specifically if the display of a placard in a placard holder\nclear of all obstructions mounted on the fender. of the cargo tank\nmotor vehicle facing in the required direction full fills the\nrequirements of the regulation.\nFrom: Shelton, Danny\nSent: Tuesday, October 26, 2004 12:18 PM\nTo: 'John Conley'; 'Clifford Harvison'\nCc: Delorenzo, Joseph; Evans, Joseph; Simmons, James; 'Steve Keppler'; Gorsky, Susan ; 'Jeff '\nSubject: FW: Display of Placards on the Fenders of Cargo Tanks\nFYI\nFrom: Rogers, Mark [mailto:Mark.Rogers@txdps.state.b.us]\nSent: Tuesday, October 26, 2004 11:50 AM\nTo: Sullivan, Steven; Albus, Gary; Cantu, Lambert; Cummings, Tom; Doyle, David; Ladd, Billy; Palmer, David;\nRodriguez 111, Jose; Salinas, Mario; Spencer, James; St. John, Dale; Stafford, Glen; Larocque, John; Longfellow,\nCharles; Moore, Dana; Sellers, Ken\nCc: Baumgartner, Rodney; Shelton, Danny\nSubject: Display of Placards on the Fenders of Cargo Tanks\nGentlemen:\nDuring the recent series of in-service classes that all CVE Service personnel have attended, the\ntopic of how to properly display a placard on a cargo tank was discussed during hazardous\nmaterials re-certification. Several interpretations from RSPA were distributed that specifically\nindicated that the display of a placard on the fender of a cargo tank was not in compliance\nwith 49 CFR 172.504 and 172.516(a).\nAttached is a request from the FMCSA asking that the DPS discontinue enforcement of the\nabove described interpretations. FMCSA is working with RSPA to revise and clarify the above\ninterpretations.\nIn the interim time, while these interpretations are being reviewed by RSPA, please\ndiscontinue enforcement, both arrest citations and warnings, for placards that are simply\nmounted on the fenders of a cargo tank, but remain visible. Enforcement of the provisions of\n49 CFR 172.516(a) - Visibility of Placards - may continue, but or~ly if the placard is mounted on\nthe fender in such a position that it is truly not visible from the direction it is facing at &I\nangles of visibility. Photographs that depict what is acceptable for the display of placards on\nthe fenders of a cargo tank are forthcoming.\nPlease advise all DPS, city, and county personnel involved in our hazardous materials\nenforcement program of this policy change.\n\n<<>>\n\nMark Rogers, Major\nTexas Highway Patrol Division - Chiefs Staff\nCommercial Vehicle Enforcement Service\nPage 3 of 3\n\n<<>>\n\n11760,\nSTOP:\nansport,\nUsher\n700\n03/20/2008\n\n<<>>\n\n03/20/2008\n\n<<>>\n\n8085\n6-03°\n6 2-04 LUC\nVIKT\n1267\nas's\n\n<<>>\n\nThis will confirm our conversation on Tuesday, October 26,2004 regarding the display\nof placards on a motor vehicle. The requirement for the visibility and display of placards\nis located in 49 CFR 8 172.5 16 and paragraph (a) states as follows: Each placard on a\nmotor vehicle and each placard on a rail car must be clearly visible from the direction it\nfaces, except from the direction of another transport vehicle or rail car to which the motor\nvehicle or rail car is coupled. This requirement may be met by the placards displayed on\nthe freight containers or portable tanks loaded on a motor vehicle or rail car. Also\n8 172.504(a) states that each bulk packaging, freight container, unit load device, transport\nvehicle or rail car containing any quantity of a hazardous material must be placarded on\neach side and each end with the type of placards specified in Table 1 and 2 of this section\nand in accordance with other placarding requirements of this subpart, including the\nspecifications for the placards named in the tables and described in detail in 8172.5 19\nthrough 8172.558.\nAdditionally 8 171.8 defines a motor vehicle as a vehicle, machine, tractor, trailer or semi\ntrailer, or any combination thereof, propelled or drawn by mechanical power and used\nupon the highways in the transportation of passengers or property. It does not include a\nvehicle, locomotive, or car operated exclusively on a rail or rails, or a trolley bus operated\nby electric power derived from a fixed overhead wire, furnishing local passenger\ntransportation similar to street-railway service. Also 8 171.8 goes on to define a\ntransport vehicle as a cargo+arrying vehicle such as an automobile, van, tractor, truck,\nsemi trailer, tank car or rail car used for the transportation of cargo by any mode. Each\ncargo~arrying body (trailer, rail car, etc.) is a separate transport vehicle.\nIt is the position of the Federal Motor Carrier Safety Administration (FMCSA) that a\nmotor vehicle and a transport vehicle are one and the same and simply because a placard\nis placed on the fender of a motor vehicle but is visible from the direction it faces, is not\nin violation of either 172.5 16 or 172.504. We are requesting that Federal and State\ncommercial motor vehicle inspectors not cite this violation when the circumstances\ndescribed in this document are present. We are working with the Research and Special\nPrograms Administration (RSPA) to rescind the interpretation dated Mary 6, 1999 which\nstates in part that a placard located on the tank fender that \"faces\" the front of the tanks is\nnot \"on\" the front end, and therefore, the placard does not comply with 172.504 and that\nthe location of the placard does not satisfi the visibility requirements of 172.5 16(a).\nOur position is that RSPA's interpretation needs revisited and we will be working with\nRSPA to revise and clarify that interpretation.\nI hope this information provides\n\n<<>>\n\nU.S.Departrnent\nof Transportation\nResearch and\nSpecial Pmgrams Administration\nMAY 6 1999\nCaptain Bruce Bugg\nHazardous Materials Specialist\nGeorgia Public Service Commission\n47 Trinity Avenue, S W\nAtlanta, GA 30354-5701\n. .\nDear Captain Bugg:\nThis is in response to your letter of F\n1 72.5 1 6 under the Hazardous Materi\nask whether mounting the fiont or re the front of the cargo tank to as much as 24,inches h 56 172.504 and/or 172.516.\n, .\nThe answer is no. Section 172.504\neach end. A placard located on the end, and therefore, the placard does\nplacard does not satisfy the visibility requ\nI. hope this answers your inquiry. If we c\nl lllll llllll l l Ill\n990048 , .\n!\nere from even with\nthe requirements of\ns not \"on\" the fiont\n\n<<>>\n\n. . . . . . . . ..:.\n....... ...\nCOMMISSIONERS:\nCOMMISSIONERS:\nROBERT (BOBBY) BAKER\nROBERT (BOBBY) BAKER\n808 DURDEN\nOEBORAH K. FLANNAGAN\n808 DURBEN DEBORAH K. FLANNAGAN\nLAUREN 'BUBBA' MCOONALD.\nLAUREN 'BUBBA' MCOONALD. JR EXECUTIVE DIRECTOR\nEXECUTIVE DIRECTOR\nSTAN WlSE\nSTAN WlSE\nCAPT. BRUCE BUGG\nHAUIRWUS MATERIALS SPECIALIST\n(404)559-6627\n- . :... ';>. ..\n. . . . . .\n. . . . : .\n> . ... ~\n> . ... ~\nMr. Edward Mazzullo Mr. Edward Mazzullo Office of Hazardous Materials Standards\nOffice of Hazardous Materials Standards\nUS DOT - RSPA - DHM-10 US DOT - RSPA - DHM-10\n. . . .\n400 Seventh Street, SW\n400 Seventh Street, SW\nWashington, DC 20590-000 1\nWashington, DC 20590-000 1 ,\n:, , . ,\nDear S u\nDear S u .... . ,.\n. ,\n, :.:.,. ,~ : .\nThis letter is to request a clarification of the visibility and display cargo tank motor\nvehicles. As you know, 49 CFR §172.504(a) requires plaeardshe\naddition, 49 CFR 5 172.5 16 sets down\naddition, 49 CFR 5 172.5 16 sets down certain other ~isib$it)!,r~ui~~.~~~.~..;-., . .\n. . ,;L.,:,:ii:: .,.,, :-., . :.I::;.. :.\n,., ..: . .\n$!Ii :::*y -, ,?.,: ,#,\n. . . . . .\n. . , ,. . ~ ~ ~ ~ : ~ p , ~ i: ip2r ;.:,.::~ .:, :,~;-::,;jg ...... :; . , :.\n. .;? .,,.: ...,..r.&.\" ;. .. .*, .. .:......... .'::: .. i$..r.:.B':\nOur officers frequently Blcaunter cargo tanks with plac+ds &td .',I.: 'C .........\nas .. &p~cted:$th& ...rl; ,. ....., ~ , c ~ . ~ . ~ ! ~ ~ ~ , ~ ~ &~in~~;b~lhg;;~>e h n t (and\nsometimes rear) placards are mounied\nsometimes rear) placards are mounted on the fenders of the tanks, anywh:k&;from,:even wih the,@rif.;o[$e cargo tank, to as\nmuch as 24 inches fiom the end of the tank. : . . . .\nmuch as 24 inches fiom the end of the tank. :\n. .\n; .\nt.;::.\n. .'I 1 -\nWe have treated this type of placem\n4 172.5 16(c)(2). We feel this is parti\nmounted, since three of the four pl\nthe regulations.\nthe regulations.\nSlde View\nTop View\n. . . :..\n. '.. :I\n.. ,<;. ., . .\n.* . . ..\n. . . . . . . . .\n, . .\n; , ., . .\n. ,\n., .... ...\n. .\n. .\n, FmntVlew ;:::: ? .' .:. . ,2.7,:;!,\n. . .\n. . . . .\n. .\n. \\ : . . . . . >j . . . .,,,,,*... . . . . .\n. .\nNo Scale\n...\n....\n_ . . . . .\n.... ..(. . . . . . .\n. . . . . I . _ . . . .\n.......\n4\n4\nTRANSPORTATION DIVISION: 1007 VIR\nTRANSPORTATION DIVISION: 1007 .'\n...\n. . .","truncated":false,"body_characters":14926}