HazMat Resources, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave.. S.E. Washington. DC 20590 Vice President, Business Development HazMat Resources, Inc. 1 0 1 04 Creedmoor Road Raleigh, NC 276 15 Ref. No. 08-0098 Dear Mr. Shelton: This is in response to your letter dated April 17,2008, requesting clarification of $ 4 172.504 and 172.51 6 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171 -1 80). Specifically, you ask whether the display of a placard in a placard holder mounted clear of obstructions on the fender of a cargo tank motor vehicle facing the front or rear of the transport vehicle satisfies the requirements of $9 172.504 and 172.516. You reference previous letters of clarification dated August 6, 2004 from John Gale to Charles Phillips (Ref. No. 04-0 164) and May 6, 1999 from Delmer Billings to Bruce Bugg (Ref. No. 99-0048) and provide several photos. You indicate that the letters conflict with one another. When placarding is required by 5 172.504(a) of the HMR, a transport vehicle must be placarded on each side and each end. The HMR require a placard to be clearly visible from the direction it faces, except fiom the direction of another transport vehicle to which it is coupled (see 5 172.5 16(a)). For purposes of the HMR, a "transport vehicle" is a cargo- carrying vehicle, such as a van, tractor, trailer, semi-trailer, tank car, or rail car used for the transportation of cargo by any mode. Each cargo-carrying body is a separate transport vehicle. In accordance with 4 171.8, a transport vehicle with no intermediate form of containment meets the definition of a bulk packaging. We have reviewed the letters and the photos you submitted. The photos you provided are of placards mounted on the front or rear end of semi-trailers used in a truck-tractorltrailer configuration. The letters you reference were provided by this office in response to very specific.placarding questions. Letter 04-0164 addresses the display of placards on a single transport vehicle (e.g., straight truck) as follows: "Each placard on a motor vehicle must be visiblefrom the direction it faces, except from the direction of "another transport vehicle" to which the motor vehicle is coupled (1 72.516). In this case, the truck-tractor is not "another transport vehicle," because it is part of a single transport#

Page 2vehicle. Therefore, the obscuredplacard does not meet the visibility requirement in j 1 72.51 6. A placard placed on the front of the truck-tractor in accordance with j 172.516p) would satisfj, the visibility requirement of j 172.51 6(a). " Letter 99-0048 addresses two or more transport vehicles used in combination (e.g., truck- tractodsemi trailer) as follows: "Section 172.504 states that a transport vehicle must be placarded on each side and each end. A placard located on the tank fender that 'Ifaces" the front of the tank is not "on" the front end, and therefore, the placard does not comply with 1 72.504. Additionally, the location of the placard does not satisfj, the visibility requirements of 172.51 6(a). " The letters do not conflict, as you suggest. However, though the intent of letter 99-0048 was to prohibit front and rear placards that are not actually on the end of the transport vehicle, the language in the letter actually implies that the front and rear placards cannot be on the fenders even if they are on the end of the transport vehicle. Placards that are on the end of the bulk package, which includes a transport vehicle that has no intermediate form of containment, may be used to meet the requirements in §$ 172.504(a) and 172.516(a). Therefore, this letter clarifies that in the truck-tractorltrailer configuration that you describe, a forward or rear facing placard, mounted so that its plane is substantially perpendicular to the longitudinal axis of the vehicle, may be on the fender as long as it is visibly mounted on the end of the transport vehicle. You should also note, when the front of a transport vehicle is blocked by another transport vehicle (e.g., the truck tractor blocks the front of the semi- trailer) it is our opinion that mounting a placard on the front of the truck-tractor in accordance with 172.5 16(b) is the most effective means of satisfying the visibility requirements in 172.5 16(a). I hope this satisfies your inquiry. If we can be of further assistance, please contact us. Sincerely, Director Office of Hazardous Materials Standards#

Page 3Page 1 of 3 Drakeford, Carolyn cPHMSA> 0 172 316. From: Mazzullo, Ed <PHMSA> Sent: Thursday, April 17, 2008 3:24 PM To: Drakeford, Carolyn <PHMSA> Cc: Gale, John <PHMSA>; Billings, Delmer <PHMSA>; Gorsky, Susan <PHMSA> Subject: FW: Display of Placards on the Fenders of Cargo Tanks Attachments: Texas DPS placard visibility.doc; 172.516 Visibility.pdf; Incoming and outgoing inter May 6, 1999.pdf Carolyn Please assign for response and let me know who gets this. Thanks. From: Danny Shelton [mailto:dgshelton@nc.rr.com] Sent: Thursday, April 17, 2008 3:02 PM To: Fritz Mead Cc: John Conley; Mazzullo, Ed <PHMSA>; Simmons, James <FMCSA> Subject: Display of Placards on the Fenders of Cargo Tanks Please find attached the information that was transmitted on October 26, 2004 regarding the requirement that the placard must be attached to the cargo tank. The regulations do not s~lpport this requirement only that the placard be attached to the transport vehicle and the fender is certainly part of the transport vehicle. Here is what needs to happen. Both Highway Transport and Usher Transport need to challenge the violation in Data Ques. At the same time I need copies of the roadside inspection reports and I will communicate this inforn~ation to Mr. TOIII Marlow, Division Administrator for the Georgia Division and provide them the opportunity to update Georgia's training c~lrriculum regarding the transportation of hazardous materials in bulk packages. Ed, I have attached a copy of the 1999 interpretation and an August 2004 interpretation for your reference. It appears these interpretations conflict with one another. Ed, 1 was not able to find an interpretation that rescinded the 1999 interpretation so please#

Page 4Page 2 of 3 consider this e-mail as my official request for an interpretation regarding the visibility and display of placards on. cargo tank motor vehicles and specifically if the display of a placard in a placard holder clear of all obstructions mounted on the fender. of the cargo tank motor vehicle facing in the required direction full fills the requirements of the regulation. From: Shelton, Danny Sent: Tuesday, October 26, 2004 12:18 PM To: 'John Conley'; 'Clifford Harvison' Cc: Delorenzo, Joseph; Evans, Joseph; Simmons, James; 'Steve Keppler'; Gorsky, Susan <RSPA>; 'Jeff ' Subject: FW: Display of Placards on the Fenders of Cargo Tanks FYI From: Rogers, Mark [mailto:Mark.Rogers@txdps.state.b.us] Sent: Tuesday, October 26, 2004 11:50 AM To: Sullivan, Steven; Albus, Gary; Cantu, Lambert; Cummings, Tom; Doyle, David; Ladd, Billy; Palmer, David; Rodriguez 111, Jose; Salinas, Mario; Spencer, James; St. John, Dale; Stafford, Glen; Larocque, John; Longfellow, Charles; Moore, Dana; Sellers, Ken Cc: Baumgartner, Rodney; Shelton, Danny Subject: Display of Placards on the Fenders of Cargo Tanks Gentlemen: During the recent series of in-service classes that all CVE Service personnel have attended, the topic of how to properly display a placard on a cargo tank was discussed during hazardous materials re-certification. Several interpretations from RSPA were distributed that specifically indicated that the display of a placard on the fender of a cargo tank was not in compliance with 49 CFR 172.504 and 172.516(a). Attached is a request from the FMCSA asking that the DPS discontinue enforcement of the above described interpretations. FMCSA is working with RSPA to revise and clarify the above interpretations. In the interim time, while these interpretations are being reviewed by RSPA, please discontinue enforcement, both arrest citations and warnings, for placards that are simply mounted on the fenders of a cargo tank, but remain visible. Enforcement of the provisions of 49 CFR 172.516(a) - Visibility of Placards - may continue, but or~ly if the placard is mounted on the fender in such a position that it is truly not visible from the direction it is facing at &I angles of visibility. Photographs that depict what is acceptable for the display of placards on the fenders of a cargo tank are forthcoming. Please advise all DPS, city, and county personnel involved in our hazardous materials enforcement program of this policy change.#

Page 5Mark Rogers, Major Texas Highway Patrol Division - Chiefs Staff Commercial Vehicle Enforcement Service Page 3 of 3#

Page 611760, STOP: ansport, Usher 700 03/20/2008#

Page 703/20/2008#

Page 88085 6-03° 6 2-04 LUC VIKT 1267 as's#

Page 9This will confirm our conversation on Tuesday, October 26,2004 regarding the display of placards on a motor vehicle. The requirement for the visibility and display of placards is located in 49 CFR 8 172.5 16 and paragraph (a) states as follows: Each placard on a motor vehicle and each placard on a rail car must be clearly visible from the direction it faces, except from the direction of another transport vehicle or rail car to which the motor vehicle or rail car is coupled. This requirement may be met by the placards displayed on the freight containers or portable tanks loaded on a motor vehicle or rail car. Also 8 172.504(a) states that each bulk packaging, freight container, unit load device, transport vehicle or rail car containing any quantity of a hazardous material must be placarded on each side and each end with the type of placards specified in Table 1 and 2 of this section and in accordance with other placarding requirements of this subpart, including the specifications for the placards named in the tables and described in detail in 8172.5 19 through 8172.558. Additionally 8 171.8 defines a motor vehicle as a vehicle, machine, tractor, trailer or semi trailer, or any combination thereof, propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property. It does not include a vehicle, locomotive, or car operated exclusively on a rail or rails, or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street-railway service. Also 8 171.8 goes on to define a transport vehicle as a cargo+arrying vehicle such as an automobile, van, tractor, truck, semi trailer, tank car or rail car used for the transportation of cargo by any mode. Each cargo~arrying body (trailer, rail car, etc.) is a separate transport vehicle. It is the position of the Federal Motor Carrier Safety Administration (FMCSA) that a motor vehicle and a transport vehicle are one and the same and simply because a placard is placed on the fender of a motor vehicle but is visible from the direction it faces, is not in violation of either 172.5 16 or 172.504. We are requesting that Federal and State commercial motor vehicle inspectors not cite this violation when the circumstances described in this document are present. We are working with the Research and Special Programs Administration (RSPA) to rescind the interpretation dated Mary 6, 1999 which states in part that a placard located on the tank fender that "faces" the front of the tanks is not "on" the front end, and therefore, the placard does not comply with 172.504 and that the location of the placard does not satisfi the visibility requirements of 172.5 16(a). Our position is that RSPA's interpretation needs revisited and we will be working with RSPA to revise and clarify that interpretation. I hope this information provides#

Page 10U.S.Departrnent of Transportation Research and Special Pmgrams Administration MAY 6 1999 Captain Bruce Bugg Hazardous Materials Specialist Georgia Public Service Commission 47 Trinity Avenue, S W Atlanta, GA 30354-5701 . . Dear Captain Bugg: This is in response to your letter of F 1 72.5 1 6 under the Hazardous Materi ask 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. , . The answer is no. Section 172.504 each end. A placard located on the end, and therefore, the placard does placard does not satisfy the visibility requ I. hope this answers your inquiry. If we c l lllll llllll l l Ill 990048 , . ! ere from even with the requirements of s not "on" the fiont#

Page 11. . . . . . . . ..:. ....... ... COMMISSIONERS: COMMISSIONERS: ROBERT (BOBBY) BAKER ROBERT (BOBBY) BAKER 808 DURDEN OEBORAH K. FLANNAGAN 808 DURBEN DEBORAH K. FLANNAGAN LAUREN 'BUBBA' MCOONALD. LAUREN 'BUBBA' MCOONALD. JR EXECUTIVE DIRECTOR EXECUTIVE DIRECTOR STAN WlSE STAN WlSE CAPT. BRUCE BUGG HAUIRWUS MATERIALS SPECIALIST (404)559-6627 - . :... ';>. .. . . . . . . . . . . : . > . ... ~ > . ... ~ Mr. Edward Mazzullo Mr. Edward Mazzullo Office of Hazardous Materials Standards Office of Hazardous Materials Standards US DOT - RSPA - DHM-10 US DOT - RSPA - DHM-10 . . . . 400 Seventh Street, SW 400 Seventh Street, SW Washington, DC 20590-000 1 Washington, DC 20590-000 1 , :, , . , Dear S u Dear S u .... . ,. . , , :.:.,. ,~ : . This letter is to request a clarification of the visibility and display cargo tank motor vehicles. As you know, 49 CFR §172.504(a) requires plaeardshe addition, 49 CFR 5 172.5 16 sets down addition, 49 CFR 5 172.5 16 sets down certain other ~isib$it)!,r~ui~~.~~~.~..;-., . . . . ,;L.,:,:ii:: .,.,, :-., . :.I::;.. :. ,., ..: . . $!Ii :::*y -, ,?.,: ,#, . . . . . . . . , ,. . ~ ~ ~ ~ : ~ p , ~ i: ip2r ;.:,.::~ .:, :,~;-::,;jg ...... :; . , :. . .;? .,,.: ...,..r.&." ;. .. .*, .. .:......... .'::: .. i$..r.:.B': Our officers frequently Blcaunter cargo tanks with plac+ds &td .',I.: 'C ......... as .. &p~cted:$th& ...rl; ,. ....., ~ , c ~ . ~ . ~ ! ~ ~ ~ , ~ ~ &~in~~;b~lhg;;~>e h n t (and sometimes rear) placards are mounied sometimes rear) placards are mounted on the fenders of the tanks, anywh:k&;from,:even wih the,@rif.;o[$e cargo tank, to as much as 24 inches fiom the end of the tank. : . . . . much as 24 inches fiom the end of the tank. : . . ; . t.;::. . .'I 1 - We have treated this type of placem 4 172.5 16(c)(2). We feel this is parti mounted, since three of the four pl the regulations. the regulations. Slde View Top View . . . :.. . '.. :I .. ,<;. ., . . .* . . .. . . . . . . . . . , . . ; , ., . . . , ., .... ... . . . . , FmntVlew ;:::: ? .' .:. . ,2.7,:;!, . . . . . . . . . . . \ : . . . . . >j . . . .,,,,,*... . . . . . . . No Scale ... .... _ . . . . . .... ..(. . . . . . . . . . . . I . _ . . . . ....... 4 4 TRANSPORTATION DIVISION: 1007 VIR TRANSPORTATION DIVISION: 1007 .' ... . . .#