{"operation":"document","citation":"10-0254","title":"Department of California Highway Patrol — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-03-16","effective_on":null,"summary":"10-0254 response to Department of California Highway Patrol concerning 172.504, 172.516.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0254.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0254.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0254","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100254.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials\nSafety Administration\nMAR 16 2011\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nCaptain Steve Dowling\nDepartment of California Highway Patrol\nP.O. Box 942898\nSacramento, California 94298-0001\nRef. No.1 0-0254 '\nDear Mr. Dowling:\nThis responds to your November 10,2010 letter requesting further clarification ofplacarding\nrequirements in § 172.516 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171180).\nYou disagree with our response to Mr. Wes Pace in letter Ref. No. 10-0075 (attached)\nregarding placarding shrinkwrapped pallets ofnon-bulk packages on a flatbed transport\nvehicle and request further clarification.\nIn our response to Mr. Pace, we indicated that required placards may be attached or affixed to\nthe load ofpackages instead of the flatbed transport vehicle itself. We also indicated that the\nshipment must conform with the display and visibility requirements in the HMR. In your\nletter, you agree with the placement of placards on an overpack ofnon-bulk packages is not\nprohibited as long as the visibility requirements are met. However, you do not agree with our\nopinion that required placards may be attached or affixed to the overpack instead of the\nflatbed transport vehicle itself.\nIt is the opinion of this office that the PHMSA letter in question (Ref. No. 10-0075) is a valid\nresponse. In the situation described in letter Ref. No. 10-0075, the general placarding\nrequirement in § 172.504(a) stating that each transport vehicle containing a placardable\nquantity of hazardous material must be placarded on each side and end may be met by\nplacarding a pallet ofnon-bulk packages on a flatbed transport vehicle. In accordance with\n§ 172.516, the placards must be clearly visible from the sides and ends of the transport\nvehicle.\nI hope this answers your inquiry. If you need further assistance, please contact this office on\n202-366-8553.\nSincerrty, ~ ,0;>\ntVcr ~ ffi(!)\n\n<<<PAGE 2>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration\nMAR i 6 2011\n1200 New Jel\"Sl!Y Avenue. SE\nWashington. DC 20590\nCaptain Steve Dowling\nDepartment of California Highway Patrol\nP.O. Box 942898\nSacramento, California 94298-000 I\nRef. No. 10-0254Dear\nMr. Dowling:\nThis responds to your November 10,2010 letter requesting further clarification of placarding\nrequirements in § 172.516 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171180).\nYou disagree with our response to Mr. Wes Pace in letter Ref. No. 10-0075 (attached)\nregarding placarding shrinkwrapped pallets ofnon-bulk packages on a flatbed transport\nvehicle and request further clarification.\nIn our response to Mr. Pace, we indicated that required placards may be attached or affixed to\nthe load ofpackages instead ofthe flatbed transport vehicle itself. We also indicated that the\nshipment must conform with the display and visibility requirements in the HMR. In your\nletter, you agree with the placement of placards on an overpack of non-bulk packages is not\nprohibited as long as the visibility requirements are met. However, you do not agree with our\nopinion that required placards may be attached or affixed to the overpack instead of the\nflatbed transport vehicle itself.\nIt is the opinion ofthis office that the PHMSA letter in question (Ref. No. 10-0075) is a valid\nresponse. In the situation described in letter Ref. No.1 0-0075, the general placarding\nrequirement in § 172.504(a) stating that each transport vehicle containing a placardable\nquantity of hazardous material must be placarded on each side and end may be met by\nplacarding a pallet ofnon-bulk packages on a flatbed transport vehicle. In accordance with\n§ 172.516, the placards must be clearly visible from the sides and ends of the transport\nvehicle.\nI hope this answers your inquiry. If you need further assistance, please contact this office on\n202-366-8553.\nSincerfly, .J!...O?\ntCtr ~ fJe)\n\n<<<PAGE 3>>>\n\nState ofcalifomia-Business, Transportation and Housing Agency ARNOLD SCHWARZENEGGER, Governor\nDEPARTMENT OF CALIFORNIA HIGHWAY PATROL\nP. O. Box 942898 1'vo+he,\nSacramento, California 94298·0001\n(916) 843·3330\n(800) 735·2929 (TTITDD)\n(800) 735·2922 (Voice) November 10,2010\nFile No.: 60.11902.062.14250.2010-3-0325 ~ 11~. Slip\n§ 112. . 30 I .\nPlctl:ard I~ IlIlarl<. ,n 3\n10 - {J z.5'f\nU. S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\nAttention: Mr. Charles Betts\n1200 New Jersey Ave, SE\nWashington, D.C. 20590\nDear Chief Betts:\nIt has come to the attention ofthe California Highway Patrol (CHP), Commercial Vehicle Section\n(CVS), of a letter of interpretation that was issued by your office (Ref. No 10-0075, enclosed) on\nMay 13,2010. The letter was in response to Mr. Pace of Land star Transportation Logistics request\nfor interpretation of Section 172.516 (Visibility and Display of Placards, enclosed) ofTitle 49, Code\nofFederal Regulation (49 CFR). The information contained within the letter represents a substantial\nchange in regulation affecting enforcement and emergency response capabilities and because ofthis,\nthe CHP requests further clarification as to the intent ofthe letter and its' applicability. Additionally,\nthe letter as it reads; extends beyond the scope of interpretation and may establish regulatory action\ntaken outside ofthe Federal Registry process.\nIn the letter, Mr. Pace requested, \" ...clarification on the use ofplacards on shrink wrapped pallets of\nnon-bulk packages on a flat bed to meet the transport vehicle placard requirements.\" The CHP\nconcurs with your interpretation of 172.516, Title 49, CFR, to the extent that the placement of\nplacards on a non-bulk load is not prohibited as long as the visibility requirements listed are met.\nSpecifically, permissive placarding is allowed under 172.502(c) 49 CFR which states:\n\"Placards may be displayed for a hazardous material, even when not required, ifthe placard\notherwise conforms to the requirements ofthis subpart. \"\nHowever, in your response to Mr. Pace you stated, \"The required placards may be attached or\naffixed to the load of packages instead ofthe truck itself\" The CHP does not concur with this\nstatement due to its' substitutive wording because it constitutes a regulatory change.\nSafety, Service, and Security\n\n<<<PAGE 4>>>\n\nChief Betts\nPage 2\nNovember 10,2010\nBackground\nOn November 16, 1990, the President ofthe United States (U.S.), signed into law the Hazardous\nMaterials Transportation Uniform Safety Act of 1990 (HMTUSA; Pub. Law 101-6 t 5). This law\namended the Hazardous Materials Transportation Act, 49 App. U. S. C. Sec.1801 et. Seq. Section 25\nofHMTUSA, which requires the Department ofTransportation (DOT) to initiate rulemaking to\ndetermine methods of improving the current system ofplacarding vehicles that transport hazardous\nmaterials, determines methods for establishing and operating a central reporting system, and\ncomputerized telecommunication data center that can provide information to facilitate responses to\naccidents and incidents involving the transportation of hazardous materials. In May of 1991, the\nDOT entered into a contract with the National Academy of Science (NAS) to conduct a study for this\nrulemaking and a 16-member committee was formed that represented industry, academia, and the\nemergency response communities. The scope ofthis study was limited to matters that could affect\nthe consequences ofhazardous materials incidents after they occur, but not methods for preventing\nthem. The committee additionally reviewed the DOT's existing hazard communication system with\nrespect to regulatory, enforcement, and training options in the context of not relying on the\nintroduction ofnew information technologies.\nOver the last 40 years, DOT has developed a comprehensive hazardous materials identification and\ncommunication system that is designed to provide emergency response personnel with information\nin the event ofa transportation incident or accident involving the release of hazardous materials.\nHazard communication and emergency response information requirements are set forth in Subparts\nC through G ofPart 172 ofthe Hazardous Materials Regulations (HMR 49 CFR Parts 171-180).\nWhen hazardous materials are in transportation, they are subject to the HMR, including any\nrequirements for placarding ofthe vehicle that contains it. However, in your interpretation, the\nplacard may be attached to the load \"instead ofthe truck itself.\" As stated, perm issive placarding is\nan additional allowance, and cannot be substituted for the placarding requirements of Section 172\nSubpart F 49 CFR.\nDepartment ofTransportation Research and Special Programs Administration Office of Hazardous\nMaterials Safety and John A. Volpe National Transportation Systems Center prepared a 2003 report\ntitled, The Role ofHazardous Material Placards in Transportation Safety and Security, and stated:\n\"The participants at the September 24, workshop agreed that the main purpose ofplacards\nis to provide information - to indicate that hazardous materials are being shipped and the\npotential risks ofthat material. They noted that first responders, emergency responders, and\neven the general pUblic, would use this information when there has been an incident.\nEnforcement personnel in their daily regulatory activities use this information. The use of\nplacards represents a system that is international in scope and easily understood. It is part\nofa system for which millions ofemergency response personnel have been trained, one that\nis used and recognized worldwide. Because the current placarding system is so tightly\n\n<<<PAGE 5>>>\n\nChief Betts\nPage 3\nNovember 10,2010\nintegrated into the national hazardous materials safety program, replacing it would be\ncostly, take a long time, and entail a sign(ficant amount oftraining.\nConsistent and recognizable hazard communication is the backbone ofthe HMR's and straying from\ninternationally established standards could inhibit emergency response efforts and may be the\ncatalyst for exposing responders to hazardous conditions.\nConflicting Sections of Title 49 CFR\nSection 172.50449 CFR states:\n(a) General. Except as otherwise provided in this subchapter, each bulk packaging, freight\ncontainer, unit load device, transport vehicle or rail car, containing any quantity ofa\nhazardous material must be placarded on each side and each end with the type of\nplacards specified in tables 1 and 2 ofthis section, and in accordance with other\nplacarding requirements ofthis subpart, including the specifications for the placards\nnamed in the tables and described in detail in Sections 172.519 through 172.560.\nSection 172.505 49 CFR states:\n(a) Subsidiary Hazards. Each transport vehicle. freight container, portable tank, unit\nload device, or rail car that contains a poisonous material subject to the \"Poison\nInhalation Hazard\" shipping description ofSection 172. 203(m) must be placarded with a\nPOISON INHALATION HAZARD or POISON GAS placard, as appropriate, on each\nside and each end. in addition to any other placard required by Section 172.504.\nDuplication ofthe POISON INHALATION HAZARD or POISON GAS placard is not\nrequired.\n(b) Radioactive Placard. In addition to the RADIOACTIVE placard which may be required\nby Section 172.504(e) ofthis subpart, each transport vehicle, portable tank, orfreight\ncontainer, that contains 454 kg (100 llbs) or more gross weight offissile or\n(c) low specific activity uranium hexafluoride shall be placarded with a CORROSIVE\nplacard on each side and each end.\n(d) Dangerous When Wet. Each transport vehicle, portable tank, freight container, or unit\nload device, that contains a material which has a subsidiary hazard ofbe ing Dangerous\nWhen Wet, as defined in Section 173.124 ofthis sub-chapter shall be placarded with\nDANGEROUS WHEN WET placards, on each side and each end. in addition to the\nplacards required by Section 172.504.\n\n<<<PAGE 6>>>\n\nChief Betts\nPage 4\nNovember 10,2010\nSection 172.506 49 CFR states:\n(a) Each person offering a motor carrier a hazardous material for transportation by\nhighway shall provide to the motor carrier the required placard'J for the material being\noffered prior to or at the same time the material is offered for transportation, unless the\ncarrier's motor vehicle is already placarded for the material as required by this subpart.\nSection 172.516 49 CFR states in part:\n(a) Each placard on a motor vehicle, and each placard on a rail car, must be clearly visible\nfrom the direction itfaces, except from the direction ofanother transport vehicle or rail\ncar to which the motor vehicle or rail car is coupled. This requirement may be met by\nthe placards displayed on the freight container, or portable tanks loaded on a motor\nvehicle, or rail car.\n(b) The required placarding ofthe front ofa motor vehicle may be on the front ofa trucktractor\ninstead ofor in addition to the placarding on the front ofthe cargo body to which\na truck-tractor is attached.\n(c) Each placard on a transport vehicle, bulk-packaging,freight container, or aircraft unit\nload device must-\nThese sections apply to a placard, ..... on a motor vehicle ... ;\" \"\nportable tanks loaded on a motor vehicle or rail car ... \"or \"\npackaging, freight container, or aircraft unit load device .... \"\n... on thefreight containers or\n... on a transport vehicle, bulk\nSection 172.301 49 CFR states:\n(a) Large quantities of a single hazardous material in non-bulk packages. A transport\nvehicle. or freight container containing only a single hazardous material in non-bulk\npackages must be marked, on each side and each end as specified in Section 172.332 or\nSection 172.336, with the identification number specifiedfor the hazardous material in\nthe Section 172.101 Table, subject to the following provisions and limitations:\n(i) Each package is marked with the same proper shipping name and\nidentification number.\n(U) The aggregate gross weight ofthe hazardous material is 4,000 kg\n(8,820 lbs) or more;\n(iii) (iv) All ofthe hazardous material is loaded at one loading facility;\nThe transport vehicle or freight container contains no other material,\nhazardous or otherwise; and\n\n<<<PAGE 7>>>\n\nChief Betts\nPage 5\nNovember 10,2010\n(v) The identification number marking requirement ofthis paragraph (a)\n(3) does not apply to Class 1, Class 7, or to non-bulk packaging for\nwhich identification numbers are not required.\nThis section refers to the required location of the marking to be on each side and both ends of the\ntransport vehicle, or freight container, not the individual non-bulk package. In your letter, if the\nrequired identification number was placed on the placard as allowed, and the placard was placed on\nnon-bulk packaging, a violation would exist under 172.301(a) (3), and I 72.506(a) 49 CFR. The\nrequirements for placarding and the marking of identification numbers do not allow for the use ofa\nplacard affixed directly to non-bulk commodities.\nInhibits Emergency Response\nAlthough at first glance it may seem innocuous, but allowing a placard to be affixed directly onto a\nload instead ofon the transport vehicle itself, as required, is inconsistent with current practices and\nposes detrimental impacts to emergency responses. Placards can indicate that considerable amounts\nofhazardous materials are being transported on a single conveyance. The placard enables\nidentification ofa product from a substantial distance for the safety of both emergency responders\nand the public. Labeling less significant quantities is sufficient, since product identification may be\nsafely performed at a lesser distance, but placarding the vehicle will ensure identification of a hazard\nwhen it is needed most, during an emergency response. Placards on non-bulk loads will be displaced\nwith a lost load, which would not provide emergency responders any indication of the hazardous\nmaterials that may be present until they are close enough to identify the labels. This would pose a\nsignificant risk for exposure, injury and or death for emergency responders and the public.\nThe current hazard communication system is recognized worldwide and the DOT has aligned the\nU.S. hazard requirements with international standards by adopting shipping descriptions, labels, and\nplacards conforming to the United Nations Recommendations on the Transport ofDangerous Goods\n(UN Recommendations). With this in mind, the North American Emergency Response Guidebook\n(NAERG) was developed jointly by the DOT, Transport Canada, the Secretariat ofTransport and\nCommunications of Mexico, and the collaboration of Centro de Informacion Quimica para\nemergencias of Argentina, to assist emergency responders who may be the first to arrive on the scene\nof a transportation incident involving dangerous goods. The NAERG incorporated dangerous goods\nlists from the most recent UN Recommendations as well as, from other international and national\nregulations.\nThe inside front cover ofthe NAERG provides examples of placards or panels with identification\n(l.D.) numbers and states:\n\"The 4-digit ID number may be shown on the diamond-shaped placard, or on an\nadjacent orange panel displayed on the ends and sides ora cargo tank, vehicle. or\nrail car. \"\n\n<<<PAGE 8>>>\n\nChief Betts\nPage 6\nNovember 10,2010\nThe NAERG page 15 states in part:\n\"Match the vehicle placard(s) with one ofthe placards displayed on the next two\npages. \"\nThe NAERG pages 16-17, display the placards currently used on transport vehicles carrying\ndangerous goods to assist emergency responders in identifying hazards they may encounter when\napproaching a vehicle involved in a reported, or suspected dangerous goods incident. [fthe placards\nare directly affixed to the load, and the load is lost, the hazard communication would be negatively\nimpacted. Emergency responders for over a decade have been trained in the use of the existing\nhazard communication system and the standard training incorporates the use of the NAERG that is\ndeveloped and distributed by your agency.\nIn closing, the content ofthe letter of interpretation prepared in response to Mr. Pace of Landstar\nTransportation Logistics causes confusion as to the application of Section 172.516 of49 CFR and is\nin conflict with related sections. As a result of this, the CHP respectfully requests that a written\nresponse be made to further clarify the regulatory conflicts and instructions to emergency responders.\nI appreciate the opportunity to address these concerns. Should you desire further information\nregarding this matter, please contact Captain Steve Dowling, ofCVS at (916) 843-3400.\nSincerely,\nB RODRIGUEZ, Chief\nEnforcement and Planning Division\nEnclosures\n\n<<<PAGE 9>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave, SE\nWashington. D.C. 20590\n~:AY 13 2010\nMr. Wes Pace\nDirector, Hazmat Compliance\nLandstar Transportation Logistics\n13410 Sutton Park Drive, South\nJacksonville, FL 32224\nRef. No. 10~OO75\nDear Mr. Pace:\nThis responds to your April 14, 2010 request for clarification of the Hazardous Materials Regulations\n(HMR; 49 CFRParts 171-180). Your scenario involves a flatbed trailer with mUltiple pallets of nonbulk\npackages (e.g., 5 gallon pails) that have been individually shrink wrapped and properly secured\nto a transport vehicle. Specifically, you ask whether the requirements in § 172.516 are met if the\nrequired placards (adhesive backed) are placed on the shrink wrapped pallets so that the placards are\nvisible from all four sides of the transport vehicle.\nThe required placards may be attached or affixed to the load of packages instead of the truck itself.\nHowever, the shipment must conform to all the display and visibility requirements. Each placard\nmust be readily visible from the direction it faces except when the vehicle is attached to another\nmotor vehicle (§ 172.516(a»). The required placards must be securely attached or affixed to the load\nof packages, and they must be located clear of appurtenances and devices (e.g. ladders, pipes, doors,\nand tarpaulin). The placards must also be affixed to a background of contrasting color or have a\ndotted or solid line outer border which contrasts with the background color (§ 172.516( c».\nI hope this answers your inquiry. If you need additional assistance, pJease contact this Office.\nSincerely,\n'I-RJ#LIA~\nCharles E. Betts\n.ef, Standards Development\nOffice ofHazardous Materials Standards\n\n<<<PAGE 10>>>\n\nUlNDsrAR It\n,\nlonrlstar Trampmtofion lDgl#Its, 1m:.\n13410 SultM Ptulc Ddve, South\nJlKbmvllk, Ft 32224\n~~-e..\n~ 17Z . lfJJiP .\n9043969400 P(acar-d In:]\nID ~0015\nU.S. DOT\nPHMSA Office of Hazardous Materials Standards\nAttn: Mr. Edward Mazzullo\nEast Building\n1200 New Jersey Avenue, SE.\nWashington, DC 20590-0001\nMr. Mazzullo,\nPlease except this letter as my request for an interpretation of49CFR 172.516 (Visibility and Display of\nPlacards). Specifically, I'm requesting clarification on the use of placards on shrink wrapped pallets of\nnon-bulk packages on a flat bed to meet the transport vehicle placard requirements.\nThe scenario is, a flatbed trailer with multiple pallets of non-bulk packages (5 gallon pails for example)\nwhich have been individually shrink wrapped and are properly secured on the transport vehicle. Would\nthe requirements of 172.516 be met if the required placards (adhesive backed) were placed on the shrink\nwrap of pallets in a manner where placards are visible from all four side of the transport vehicle?\nThere is no specific reference to this scenario in 172.516 (c) and it would seem as though the intent of the\nrule would be met when a transport vehicle had been placarded in the method described.\nYour assistance is greatly appreciated.\nSincerely,\nWes Pace\nDirector, Hazmat Compliance\nLandstar Transportation Logistics\n(904) 390-4815\nwpace@landstar.com\nProviding Supply Chain Solutions and Complete Global &Domest;c Transportation Services","truncated":false,"body_characters":21946}