Ms. Shari Ann Fry — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration OCT 0 3 2012 Ms. Shari Ann Fry 6107 East 186th Street South Bixby, OK 74008 1200 New Jersey Avenue SE Washington. DC 20590 Ref. No. 12-0184 Dear Ms. Fry: This responds to your August 16, 2012letter requesting clarification of the placarding requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In your incoming letter you note that state enforcement personnel are issuing violations to truck drivers for not placing the required placards on their trucks at least 3 inches away from other required placards. These enforcement personnel are citing§ 172.516 as the reason for these violations noting that it is their opinion that placards are considered another marking under~ 172.516. Specifically, you ask if placards are required to be placed at least 3 inches from other placards. The answer is no. In accordance with§ 172.516(c)(4) placards must be located away from any marking (such as advertising) that could substantially reduce its effectiveness, and in any case at least 3 inches (76.0 mm) away from such markings. A placard is not considered a marking in this case. The intention of§ 172.516(c)(4) is to limit the potential dilution of hazard communications by other markings not required by the HMR. There is no specific requirement to have placards at least 3 inches from other placards. I hope this answers your inquiry. If you need additional assistance, contact this office at (202) 366-8553. Sincerely, Robert Benedict Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2Drakeford, Carol n (PHMSA From: Eckenrode, Andrew.CTR (PHMSA) on behalf of INFOCNTR (PHMSA) Sent: Thursday, August 16, 2012 1:18PM To: Drakeford, Carolyn (PHMSA) Subject: FW: Request for letter of interpretation &o#le- ~ V77-· 51k P( a. card t n 12- Carolyn, We received the following a of Thanks Andrew From: Rusty n Shari Ann '~'-'-'"''""-'''~-'-'~-=.c ... _..,,,'""··-''-'"·''''·"'-''·'·' .. ''' Sent: Thursday, August 16, 2012 12:41 PM To: INFOCNTR (PHMSA) Subject: Request for letter of interpretation I am asking for a Formal Letter of interpretation .. Placard placement 172.516 Placards must be located at least 76.0 mm (3 in) from any other type of marking on the vechicle. I am a truck driver that hauls hazard material on a regular bases .. We have been told that some Highway Patrols are stopping trucks and fining us if our placard are less than 3" from another placard ... They are saying that another placard are considered another type of marking .. Please clear this up for us drivers .. I am requesting a written response. Click Here! 1 ------------- ----·-··-----~···-· ---~-- --·----~---~----~-~-----#