Texas Department of Public Safety Texas Highway Patrol/Commercial Vehicle Enforcement — Hazardous Materials Safety Interpretation

Page 1U.S. Deportment of Transportation Pipeline and Hazardous Materials Safety Administration JUN 1 6 2011 1200 New Jersey Avenue SE Washington. DC 20590 Mr. Patrick B. Zatopek, Senior Corporal Texas Department ofPublic Safety Texas Highway Patrol/Commercial Vehicle Enforcement 5505 Avenue North Rosenberg, Texas 77471 Ref. No. 11-0102 Dear Mr. Zatopek: This responds to your April 14, 2011, request for clarification on permissive placarding under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask ifit is permissible to display a DANGEROUS placard on a transport vehicle that contains two or more categories ofnon-bulk table 2 materials with an aggregate gross weight ofless than 1,001 pounds. Yes, it is permissible to display the DANGEROUS placard in the manner you describe. Section 1 72.502( c) authorizes placards to be displayed for a hazardous material shipment that does not require placarding provided the placarding conforms to the requirements in Subpart F ofPart 172. The exception in § 172.504(c) provides relief from placarding requirements. However, the use of the exception is not mandatory. I hope this answers your inquiry. Ifyou need additional assistance, please contact this office at (202) 366-8553. Sincerely, 12~-5~ Ben Supko Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2April 14, 2011 Mr. Charles E. Betts Director, Office of Hazardous Materials Standards U.S. DOTIPHMSA (PHH-10) 1200 New Jersey Avenue, SE East Building, 2nd Floor Washington, DC 20590 Dear Mr. Betts: I am requesting written clarification on 49 CFR 172.502(c) concerning permissive placarding and 49 CFR 172.504(b) regarding "Dangerous" placarding. There seems to be some confusion in the enforcement community on whether it is permissible to display a "Dangerous" placard for a transport vehicle which contains two or more categories ofnon-bulk table 2 items with an aggregate gross weight of less than 1001 lbs. In the regulation 172.504(b), it states, "transport vehicle, ... which con1ftins two or more categories ofhazardous materials that require different placards specified in table 2 ... may be placarded with a DANGEROUS placard instead ofthe placard specified for each of the materials in table 2". In the regulation 172.502(c) it states, "Placards may be displayed for a hazardous material, even when not required". It does not appear that permitting a "Dangerous" placard to be displayed would affect safety from an emergency response standpoint, as long as there are two or more different categories of table 2 non·bulk items in the same transport vehicle. I look forward to your interpretation on this matter, as it will allow for uniformity in enforcement. Your guidance is greatly appreciated. Thank you, 67.~7":"---.?-J~---- Patrick B. Zato ek, Senior orporal Texas Department of Public Safety Texas Highway Patrol! Commercial Vehicle Enforcement 5505 Ave. N Rosenberg, Texas 77471 patrick.zatopek@txdps.state.tx.us 281.633.5402#