{"operation":"document","citation":"10-0182","title":"J.J. Keller & Associates, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-02-14","effective_on":null,"summary":"10-0182 response to J.J. Keller & Associates, Inc. concerning 172.332, 172.519.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0182.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0182.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0182","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100182.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\nFEB 1 4 2011\nMr. Thomas Ziebell\nSenior Hazmat Editor\n1.1. Keller & Associates, Inc.\nP.O. Box 368\nNeenah, WI 54957\nReference No. 10-0182\nDear Mr. Ziebell:\nThis is in response to your e-mail requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to the requirements for Class 3\ncombustible placards displaying identification numbers. You submitted three examples of\nplacards and ask which one is in conformance with the HMR. Specifically, you ask whether the\ncombustible placard should display a color in the outer border. You cite a 1991 letter of\ninterpretation from this Office to 1.1. Keller stating that the lower inner border as shown in the\npictorial you submitted at that time should be eliminated. You further state that you were\ninformed by members of our staff in subsequent telephone conversations in 1992 that of the three\nexamples of placards that you submitted to them, Example B was the correct combustible\nplacard and that Example C was not correct. You ask us to confirm these responses.\nThe 1991 letter of interpretation addressed rail transportation and we stated that the lower inner\nborder of the combustible placard must be eliminated for transportation by rail. Section\n172.332(c)(4) specifies:\n'For a COMBUSTIBLE placard used to display an identification number, the entire\nbackground below the white background for the identification number must be white\nduring transportation by rail and may be white during transportation by highway. '\nTherefore, the answer given in the 1991 letter of interpretation is correct. That is, for\ntransportation by rail, the authorized combustible placard must not display a lower inner border\nand it must have white as the entire background below the white background for the\nidentification number. As such, the example shown in the pictorial accompanying the 1991 letter\nwould require that the lower inner border be eliminated in order to be in compliance with the\nHMR for transportation by rail.\n\n<<<PAGE 2>>>\n\nWith respect to your 1992 telephone conversations with members of our staff, you asked them\nwhether color may be displayed in the outer border of the combustible placard below the white\nbackground for the identification number. You were told that Example B without the border was\nin compliance with the HMR and that Example C with color in the outer border was not in\ncompliance. This answer is also correct.\nFor your information, Example \"A\" is authorized if it meets the provisions of § 172.519(b)(2) or\nis used for transportation by highway (also see § 172.332(c)(4) above). Section 172.519(b)(2)\nspecifies:\n'The dotted line border shown on each placard is not part of the placard specification.\nHowever, a dotted or solid line outer border may be used when needed to indicate the full\nsize of a placard that is part of a larger format or is on a background of a non-contrasting\ncolor. '\nI hope this information is helpful. Please contact this office should you need additional\nassistance.\nSincerely,\nT. Glenn Foster,\nChief, Regulatory Review and Reinvention Branch\nDivision of Standards and Regulations\n\n<<<PAGE 3>>>\n\nInterp Ref # 10-0182\nFrom: Thomas Ziebell [mailto:tziebell@JJKELLER.COM]\nSent: Thursday, August 26, 2010 11:51 AM\nTo: PHMSA HM InfoCenter\nSubject: Interpretation on combustible placards\nDear Office of Hazardous Materials Standards,\nI am requesting an interpretation on the display of an identification number on a combustible placard, as\nallowed by 172.332(c)(4). Attached are three examples of white-bottom combustible placards that\nhave space for an identification number.\nA June 17, 1991, interpretation addressed the color of the border on a combustible placard below the\nwhite background for the identification number. It stated that for a placard, as illustrated by Example A in\nthe attached, the lower inner border should be eliminated. The entire background below the white\nbackground for the identification number must be white for rail shipment. When the border is removed\nthe placard appears as Example B in the attached. This letter of interpretation does not currently appear\non your web site.\nIn July and October 1992, I had phone conversations with Del Billings, Helen Engrum, and Jackie Smith\nabout displaying color in the outer border of the placard below the white background for the identification\nnumber. The June 17, 1991 interpretation did not specifically address this issue. Was a placard such ~s\nExample B correct (no color in outer border) or was Example C correct (color in outer border)? The\nanswer I got was that Example B was cdrrect and Example C was incorrect.\nI would appreciate a written interpretation on this issue. Is example B correct (no color in outer border)\nor is example C correct (color in outer border)?\nThank you for your assistance.\nTom Ziebell\nSr. Hazmat Editor\nJ.J. Keller & Associates, Inc.\ntziebell@jjkeUer.com\n920-722-2848 x2532\nWebsite: www.jjkeller.com\n\n<<<PAGE 4>>>\n\nA.\n3\nB,\n3\nV\n3\nC\n\n<<<PAGE 5>>>\n\n/A\"\n~\n'\nvY·<~ ...\n..'.'...\n'\n..\"\n;:f/ '<>if\nj/\nRefer to 4~art 172:\nMarking - Subpart D\nLabeling - Subpart E\nPlacarding - Subpart F\nEmergency Response - Subpart G","truncated":false,"body_characters":5303}