{"operation":"document","citation":"12-0182","title":"ChemPura Pools, Ltd. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-10-31","effective_on":null,"summary":"12-0182 response to ChemPura Pools, Ltd. concerning 172.516.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0182.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0182.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0182","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120182.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nOCT 3 1 2012\nMr. David Brady\nChemPura Pools, Ltd.\nP.O. Box 56\n586 Benjamins Way\nLewisville, TX 75067\nReference No. 12-0182\nDear Mr. Brady:\nThis is in response to your August 15, 2012 e-mail requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to placarding requirements.\nSpecifically, you ask what is the correct way to display placards on a motor vehicle under\n§ 172.516(a).\nYou enclosed photographs that show a pair of adhesive-backed CORROSIVE (Class 8)\nplacards displayed vertically on three sides and horizontally on the hood of a Chevrolet\nC1500 pickup truck. One placard has the word \"CORROSIVE\" printed in large letters\nacross its center but does not have the number \"8\" in the bottom corner. The second placard\nhas the UN number \"1791\" printed in large numbers across its center and the number \"8\" in\nthe bottom corner. Your photographs also show the placards on the hood are placed with\ntheir bottom corners approximately three inches above the truck's front grill on either side of\nthe hood but just inside the area above the headlights. You state you placed the placards on\nthe hood in this manner because placard holders were difficult to affix to the vehicle and\nsimultaneously became a safety hazard and placard violation when they came off while\ntravelling on a highway. You ask if the manner in which these placards are placed on the\nhood satisfies the requirement in§ 172.516(a) of the HMR.\nThe answer is no. Section§ 172.516(a) requires a placard to be clearly visible from the\ndirection it faces, except from the direction of another transport vehicle to which it is\ncoupled (see§ 172.516(a)). The placards on the truck hood in the photographs you provided\ndo not satisfy this requirement because their placement causes their designs to be\npartially obscured when viewed a few feet in front of, or to the side of, the vehicle. Further,\nthe placard with the word \"CORROSIVE\" printed in its center does not comply with the\nimage of the CORROSIVE placard prescribed in § 172.558 because it is missing the number\n\"8\" in its bottom corner.\nI hope this satisfies your request.\nSincerely,\nc--7rY'k/V~ ---.\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nFrom:\nSent:\nTo:\nSubject:\nAttachments:\nEckenrode, Andrew.CTR (PHMSA) on behalf of INFOCNTR (PHMSA)\nWednesday, August 15, 2012 3:56PM\nDrakeford, Carolyn (PHMSA)\nFW: Placard Interpretation\n2012-08-08_14-49-22_701.jpg; 2012-07-12_07-53-00_164.jpg; 2012-07-12_07-53-24_\n931.jpg; 2012-07-12_07-53-58_845.jpg\nWe received the\nThanks,\nAndrew\nletter\nFrom: DAVID BRADY\nSent: Wednesday, August 15, 2012 3:43 PM\nTo: INFOCNTR (PHMSA)\nSubject: Placard Intrepetation\nThis email is being sent to request your opinion on intrepretation of Placarding under 172.516(a).\nI have a small Swimming Pool Service company in Lewisville for over 30 years now and we have been using\nSodium Hyprchlorite as our Sanitizer in-lieu-of conventional Dry Chlorine since 1999. In order for us to meet\nour needs I have utilized a Tank in our trucks that holds a max of 192 gallons of Bleach starting in 1999. There\nis not any disagreement on whether the DOT Placarding & Licencing is applicable as we are in full compliance\nwith all laws; requirements for Sodium Hypochlorite is 1000# which is equal to 100 gallons@ 10#/gallon. The\nonly issue is whether the placement of the Placard meets the requirements of 172.516(a). One of our trucks was\nrecently stopped by our local Lewisville Commercial Enforcement Officer & was cited for a violation of\n172.516(a).\nI spoke with a representative in your office & I was told to send this request for an official response on the\nmatter. I understand that a written response might take some time but that a \"preliminary response\" could be\nsent relatively quickly. I am currently in the process of refuting this Violation & am scheduled to appear in our\nlocal Muncipal Court. I have asked 2 other local cities & a local Fire Department for their opinion & they felt\nthe location was \"plainly visable\". It is best to address this item with you so that we can put this item to rest. I\nam attaching photos ofthe vehicle as I am requesting an intrepretaion if my current placement of the Placards\non the Hood of the vehicle is acceptable under the current statute. I had used many versions of the standard\nPlacards & Holders over the years but became very concerned about the Safety Issue with the Placards/Holders\nflying offthe truck while it was on the Highway(s). It is very difficult(ifnot impossible) to affix such a Placard\non the front of a standard vehicle that does not create more problems than it solves. There have been 3-4\ninstances of the Placards coming off so I made a decision to place the Placards on the Hood of the truck;\ntherefore eliminating 100% the risk of accidentally losing any more Placards. I feel that my placement of the\nPlacards does not conflict with the Statute as they are clearly visable from the front & are not surrounded by any\nother things that would detract from the placard. These Placards are plainly visable to any 1st Responder in the\nevent of an accident & that is what they are really for. I am attaching photos of the truck which is a standard\nChevrolet C1500 1/2 ton Pickup & a 6.5\" standard pickup bed. All other 3 sides of the truck are not in question\nand the Tank also is placarded & marked with the appropriate information. Please be advised that in the second\n1\n\n<<<PAGE 3>>>\n\npicture (truck in the background) that one of our Employees went ahead & put more 1791 Placards on his\nBumper in order to try & cover all the bases.\nI look forward to hearing from you. I would appreciate an \"informal opinion email\" which would be sufficient\nin advance of a written response. Thank you for your time & interest in this matter. I can be reached @ 972-\n221-1213 or 972-880-6404 if I can clarify any items you need or if there are additional questions. A written\nresponse can be sent to: ChemPura Pools, Ltd\nP.O. Box 56\n586 Benjamins Way\nLewisville, TX 75067\nRegards,\nDavid Brady\n2\n\n<<<PAGE 4>>>\n\n1791\n\n<<<PAGE 5>>>\n\nMET\nBET 2029\n\n<<<PAGE 6>>>\n\n1-1203\n791\n1500809\n\n<<<PAGE 7>>>\n\n1791","truncated":false,"body_characters":6359}