{"operation":"document","citation":"09-0109","title":"Southern Resin, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-04-06","effective_on":null,"summary":"09-0109 response to Southern Resin, Inc. concerning 172.516.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0109.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0109.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0109","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090109.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave. SE\nWashington. D.C. 20590\nAPR 0 6 2010\nMr. Allen Grubb\nOperations Manager\nSouthern Resin, Inc.\n3440 Denton Road\nThomasville, NC 27360\nRef. No. 09-0109\nDear Mr. Grubb:\nThis responds to your letter requesting clarification of the display and visibility requirements\napplicable to placards under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171180).\nYou describe two different scenarios and ask whether one or both may be used to\nsatisfy the placarding requirements of the HMR. Both scenarios involve a bulk cargo tank\nmotor vehicle (CTMV) used for the transportation of a non-hazardous material and a cargocarrying\n\"box\" attached under the frame of the semi-trailer used for the transportation of a\nregulated corrosive liquid (UN1760) in 55-gallon drums exceeding 1,OOllbs. Your\nquestions are paraphrased and answered as follows:\nQl: To satisfy the rear placard requirement, is it permissible to place one placard on the rear\nbumper with a statement above it that says \"This placard tor drum box only\" or may we\nattach the placard to a rear fender as shown in the attached photographs? Placards would be\nplaced directly on the drum boxes (both sides) to satisfy the side placard requirement.\nLastly, we would place placards either on the front bumper of the tractor or on the front of\nthe drum box (see attached photograph) to satisfy the front placard display requirement.\nAl: The rear placard appears to be more suitably displayed on the rear fender of the trailer,\nas shown in the photographs, rather than placing it on or below the rear bumper. Under\n§ 172.516( c )(3), a placard must be located so that dirt or water is not directed to it from the\nwheels of the transport vehicle. The side placement as shown in your photograph is\nacceptable; however, placement of the placards on the sides of the cargo tank would provide\nthe most visibility. Placement of the placard on either the front of the tractor or the front of\nthe cargo tank to satisfy frontal display requirement as prescribed in § 172.516(b) is\nconsidered acceptable.\nThe phrase \"visible from the direction it faces\" as it is used in § 172.516(a) does not imply\nthe placard must be mounted in any specific position on the cargo tank. However, all\nplacards must be located clear of appurtenances and devices such as ladders or pipes; be\nlocated away from any markings that could substantially reduce its effectiveness; maintained\n\n<<<PAGE 2>>>\n\n2\nso that its legibility, color, and visibility are not substantially reduced because of damage,\ndeterioration, or obscurement; and otherwise conform to the detailed visibility requirements\nestablished in § 172.516. Although a placard does not have to be located at the outer\nperimeter of a vehicle, the placement on the front of the cargo box as shown in your\nphotographs does not provide sufficient visibility to satisfy the frontal display requirement.\nAdditionally, the applicability statement is not necessary to identify the package the placards\nare being used to identify.\nQ2: Is it permissible to place all four placards in placard holders attached to both sides and\nboth ends of the trailer when they are intended to convey the hazard of the material in the\ndrum box rather than in the trailer?\nA2: The answer is yes. Provided the placards represent materials contained on the transport\nvehicle, they may be located anywhere on the vehicle that satisfies the requirements for\ndisplay and visibility in § 172.516.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSin~\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nPhone (336)475-1348 3440 Denton Road\nFax (336) 475-2082 Thomasville, N.C. 27360\n~+-ev.eV)5\nfs Ill.· 61(.0\nTo: USDOT pg-10f2\n-=3 (17-. 6aij\nFrom: Allen Grubb Operations Manager\nPICt C.Q rdIn!j\nSouthern Resin Inc. \n Dq-DIOL(\n3440 Denton Rd.\nThomasville, NC 27360\nDear Sir/Madam,\nI have been in contact with Mr. Edward Rastetter, and Mr. Jack Whitley both ofthe PHMSA out of Atlanta\nGA about an issue with a special circumstance and was directed to seek a letter of clarification for this.\n~\nWe haul non-hazardous material in the barrel's ofour tankers and we have constructed a box that is\nmounted under the belly ofthe tankers to haul 55 gallon UN drums that contain a hazardous material that\nreacts what is in the tanker to make an insulation. OUT situation involves the placards visibility standard\nCFR 172.516, and the General placarding requirements ofCFR 172.504. The drum box is the only thing\nthat has a Hazardous material in it, the tanker itself does not so what we have done is put placards on the\nsides ofthe box and placards on the front ofthe box and the rear ofthe box. We were pulled in SC by Mr.\nRastetter and he was not satisfied with the way the placard was displayed on the rear ofthe box stating that\nyou could not see if from behind, and not very well form the front as well, he had us put a placard on the\nfront ofthe tanker and the rear ofthe tanker until/if I could find and acceptable alternative that satisfied the\nvisibility requirement. I have since moved the placard holder up above the fender s1> it is visible from\nbehind (see enclosed pictures) but after talking with Mr. Whitley he suggested I contact this office for\nclarification on weather or not this would be acceptable. Mr. Whitley told me this was a unique situation\nand he could not give me a letter stating this was the right or wrong way and instructed me to send a letter\nto this office.\nMr. Whitley suggested for safety reasons that I should placard the front, rear and sides ofthe tanker of\nwhich I have no problem doing except 2 things. One we have been pulled for improper placarding in 2-3\ndifferent states because we did placard the front/rear and sides and they wanted to know why the bill of\nlading did not list what was in the tanker as hazardous since we had placards on it.~We were instructed to\ntake the placards off the tanker and put them back on the box. The other reason is we do have 2 trailers that\nare non-code that we put drums under when we were pulled with them we were told it was a non-code\ntanker and it was illegal to put a placard on it. Mr. Whitley told me that you would review the situation and\nsend me a letter back and I could put that letter in each truck and then if we were questioned we could show\nthem the letter with your decision. I have 2 other ideas I would like to present\n#1 1 can put a placard holder on the rear bumper ofeach tanker with a sticker above it reading \"This Placard\nfor drum box only\" I think this would satisfy the requirement for visibility from behind (if by the pictures\nwhat I have done so far is not acceptable) As for the front I would like to know if I put placard holders on\nboth bottom front right and bottom front left comers will this satisfy the visibility requirement from the\nfront? When a truck is coupled to the trailer you can actually see the front ofthe drum box sooner and\nbetter than you can see the front ofthe tanker, but I would like for you to look at the pictures and see ifthat\nwill be sufficient to satisfy the front visibility requirement.\n\n<<<PAGE 4>>>\n\nPhone (336)475-1348 3440 Denton Road\nFax (336) 475-2082 Thomasville. N.C. 27360\npg-20f2\n#2 We could put placards on the front of the tanker, and the rear of the tanker as well as putting placards\non the sides ofthe drum box if this is acceptable.\nIf you have any other solutions please let me know and I will be more than happy to implement your\ndecision. We have looked at the cost ofjust sending the drums common carrier and it would kill our bottom\nline. On the trucking side we have a very small operating budget and sending drums to Minnesota, Texas,\nIllinois ecL would be extremely costly. We have invested time and money in making sure we have the\ncorrect drums, labels, and now if we can get this placarding issue resolved we should be in complete\ncompliance.\nIfyou have need of any further information or any clarification on what I have tried to explain in this letter\nplease call me at 1-800-280-1348. Thank you for your time.\nR. Allen Grubb\nR·L~~\nOperations Manager\nSouthern Resin Inc.\n3440 Denton Rd.\nThomasville, NC 27360","truncated":false,"body_characters":8347}