Con-way Freight — 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 Mr. Keith Jesse Powell Driver Sales Representative Con-way Freight 4488 North Cornelia, Apt. 143 Fresno, CA 93722 Reference No. 11-0076 Dear Mr. Powell: This is in response to your March 31, 2011 e-mail, and April 29, 2011 telephone conversation with a member ofmy staff requesting clarification ofthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to placarding. You ask if a transport vehicle, as this tenn is defined in § 171.8, loaded with one hazardous material that meets the definition of two different hazard classes may use a DANGEROUS placard to represent its secondary hazard class. In the example you provided, you state different shippers at different facilities load nonbulk packages of "UN 2922, Corrosive, liquids, toxic, n.o.s. (fluorozirconic acid, hydrofluoric acid), 8 ( corrosive), 6.1 (poisonous), PG III" on the same transport vehicle, and the total weight of the shipment is 2,205 pounds. You also state the material does not meet the HMR definition for a liquid material that is poisonous by inhalation (see §§ 173.132 and 173 .133). You ask ifthe transport vehicle can display the Class 8 placard for the primary hazard of the material and a DANGEROUS placard for its Division 6.1 subsidiary hazard. The answer is no. The transport vehicle in your example must be placarded with the CORROSIVE placard. The subsidiary hazard POISON placard may also be displayed (see § l72.505(d)). The HMR pennit the DANGEROUS placard to be used in place of the separate placards specified for each Table 2 material listed in § l72.504(e) unless 1,000 kg (2,205 pounds) or more aggregate gross weight of one category ofhazardous material in non-bulk packages is loaded at one loading facility. See § 172.504(b). Also, the HMR do not define the tenn "mixed load." For the purposes ofthe HMR, it is the opinion ofthis Office that a mixed load is a shipment oftwo or more categories ofhazardous materials in separate non-bulk packages that require different placards. The shipment in your example#

Page 2is not a mixed load because it is a "mixture" oftwo categories ofhazardous materials in the same non-bulk package that require the same placard(s). I hope this satisfies your request. Sincerely, r/~~ T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division 2#

Page 3Drakeford, Carolyn (PHMSA) From: INFOCNTR (PHMSA) Placard inq Sent: Thursday, March 31, 2011 10:05 AM 11- DD Tee. To: Drakeford, Carolyn (PHMSA) Subject: FW: Hazmat Information Center Feedback: Interpretations (Letters) Issued by PHMSA -----Original Message----From: PHMSA-Feedback [mailto:PHMSA-Feedback] Sent: Wednesday) March 30) 2011 8:55 PM To: PHMSA HM InfoCenter; PHMSA Webmaster Subject: Hazmat Information Center Feedback: Interpretations (Letters) Issued by PHMSA letter of explaination can you placard for a primary and address the secondary hazard with dangerous? under 172.505 part d the dangerous would correspond to the primary placard being a corrosive toxic un2922 corrosive liquids,toxic,nos.(fluorozirconic acid, hydrofluoric acid).8(6.1). my argument is dangerous commmunicates the not regulated subsidiary risk on board. Name: keith jesse powell Organization: conway dsr Email: stephp831@yahoo.com Address: 4488 n cornelia apt 143 City: fresno Zip Code: 93722 Phone: 559-331-9724 FAX: 559-486-0576 att paul 1#