{"operation":"document","citation":"08-0285","title":"North Carolina State Highway Patrol — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-12-22","effective_on":null,"summary":"08-0285 response to North Carolina State Highway Patrol concerning 172.504.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0285.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0285.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0285","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080285.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave., SE\nWashington, DC 20590\nDEC 3 ? ?M8\nTrooper C. R. King\nNorth Carolina State Highway Patrol\n155 Patrol Station Road\nMount Airy, NC 27030\nRef. No. 08-0285\nDear Trooper King:\nThis responds to your letter dated November 12,2008 letter requesting clarification on the use\nof the DANGEROUS placard under 8 172.504(b) of the Hazardous Material Regulations\n(HMR; 49 CFR Parts 171-180). Specifically, you ask if the DANGEROUS placard is required\nin your situation.\nAccording to your letter, you performed a roadside inspection of a hazardous material\nshipment containing 3,000 pounds of Class 8 (corrosive) material, 4,500 pounds of Class 3\n(flammable liquid), and 2,84 1 pounds of Division 4.1 (flammable solid). The vehicle\ndisplayed the corrosive placard, the flammable liquid placard and the DANGEROUS placard.\nThe driver stated the Division 4.1 material was loaded at multiple facilities and at no time did\na load from a single facility exceed 1,000 kg (2,205 pounds).\nA transport vehicle containing two or more categories of materials in non-bulk packages that\nrequire different placards specified by table 2 of 8 172.504(e) may be placarded with the\nDANGEROUS placard instead of the separate placards specified for each of the hazardous\nmaterials. However, when 1,000 kg (2,205 pounds) aggregate gross weight or more of one\ncategory of material is loaded at one loading facility, the placard specified in table 2 for that\ncategory must be applied.\nAlthough the aggregate gross weight of Division 4.1 material exceeded 2,205 pounds, this\nthreshold was never exceeded at any single loading facility. Therefore, the DANGEROUS\nplacard may be used in this case.\nI hope this satisfies your inquiry. If we can be of further assistance, please contact us.\nSincerely,\nCharles E. Betts\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nMichael F. Easley\nGovernor\nBryan E. Beatty\nSecretary\nWalter J. Wilson, Jr.\nColonel\nLocation:\n71 ca N. Salisbu~v Street\n05-02 85 0 Raleigh, ~d 27604\n(919) 733-7952\nNorth Carolina\nDepartment of\n'Crime Control and\nState Highway Patrol Public Safety Mailing Address:\n4702 Mail service Center\nRaleigh, NC 27699-4702\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH-1 0\nEast Building\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590-0001\nTo whom it may concern,\nI need an interpretation of cite 172.540 of the HMR's. In my opinion there seems to be some\nconfusion on the application of the DANGEROUS placard. I recently performed a roadside\ninspection of a hazardous material shipment. The shipment was as follows: 3,000 pounds of class\n8 (corrosive) material, 4,500 pounds of class 3 (flammable Liquid) material and 2,84.1 pounds of\nclass 4.1 (flammable solid) materials. None of the materials listed were PIH. The placards\ndisplayed were corrosive, flammable liquid and DANGEROUS. I advised the driver that the\nDANGEROUS placard was not correct because he had crossed the 2,205 pound threshold of the\nDANGEROUS placard and that the 4.1 (flammable solid) placards must be applied. The driver\nsaid that he was correct because 172.504 states: \"when 2,205 pounds aggregate gross weight or\nmore of one category of material is loaded therein at one loading facility (Italics added) on a\nfreight container, unit load device, transport vehicle, or rail car, the placard specified in table 2 of\nparagraph (e) of this section for that category must be applied.\" The driver stated that he did not\nload the 4.1 materials at one loading facility as the cite specifically states, but at multiple loading\nfacilities. He also stated that at no time at each of these facilities did the weight exceed the 2,205\npound limit; hence the DANGEROUS placard was correct. I contend that since the total weight\nof the 4.1 material exceeded 2,205 pounds after the multiple stops that the 4.1 (flammable solid)\nplacards must be applied. I would like clarification of this cite because as it is written, there is\nroom for confusion. Thank you for your time in this matter.\nTrooper C. R. King\nNorth Carolina State Highway Patrol\n155 Patrol Station Road\nMount Airy, NC 27030\n336-320-2705\nOn my honor, 1 will never betray my badge, my integrity, my character, or the public trust. I will\n~ ~ ~ ~ ~ ~ ~ i ~ ~ ~ l l ~ always have the courage to hold myself and others accountable for our actions. 1 will always\n~ ~ ~ ~ ~ d i ~ ~ d A~~~~~ uphold the constitution, my community, and the agency I serve.","truncated":false,"body_characters":4553}