{"operation":"document","citation":"12-0184","title":"Ms. Shari Ann Fry — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-10-03","effective_on":null,"summary":"12-0184 concerning 172.516.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0184.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0184.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0184","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120184.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nOCT 0 3 2012\nMs. Shari Ann Fry\n6107 East 186th Street South\nBixby, OK 74008\n1200 New Jersey Avenue SE\nWashington. DC 20590\nRef. No. 12-0184\nDear Ms. Fry:\nThis responds to your August 16, 2012letter requesting clarification of the placarding\nrequirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nIn your incoming letter you note that state enforcement personnel are issuing violations to\ntruck drivers for not placing the required placards on their trucks at least 3 inches away\nfrom other required placards. These enforcement personnel are citing§ 172.516 as the\nreason for these violations noting that it is their opinion that placards are considered\nanother marking under~ 172.516. Specifically, you ask if placards are required to be\nplaced at least 3 inches from other placards.\nThe answer is no. In accordance with§ 172.516(c)(4) placards must be located away from\nany marking (such as advertising) that could substantially reduce its effectiveness, and in\nany case at least 3 inches (76.0 mm) away from such markings. A placard is not\nconsidered a marking in this case. The intention of§ 172.516(c)(4) is to limit the potential\ndilution of hazard communications by other markings not required by the HMR. There is\nno specific requirement to have placards at least 3 inches from other placards.\nI hope this answers your inquiry. If you need additional assistance, contact this office at\n(202) 366-8553.\nSincerely,\nRobert Benedict\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nDrakeford, Carol n (PHMSA\nFrom:\nEckenrode, Andrew.CTR (PHMSA) on behalf of INFOCNTR (PHMSA)\nSent:\nThursday, August 16, 2012 1:18PM\nTo: Drakeford, Carolyn (PHMSA)\nSubject: FW: Request for letter of interpretation\n&o#le-\n~ V77-· 51k\nP( a. card t n\n12-\nCarolyn,\nWe received the following a of\nThanks\nAndrew\nFrom: Rusty n Shari Ann '~'-'-'\"''\"\"-'''~-'-'~-=.c ... _..,,,'\"\"··-''-'\"·''''·\"'-''·'·' .. '''\nSent: Thursday, August 16, 2012 12:41 PM\nTo: INFOCNTR (PHMSA)\nSubject: Request for letter of interpretation\nI am asking for a Formal Letter of interpretation ..\nPlacard placement 172.516\nPlacards must be located at least 76.0 mm (3 in) from any other type of marking on the vechicle.\nI am a truck driver that hauls hazard material on a regular bases .. We have been told that some Highway Patrols\nare stopping trucks and fining us if our placard are less than 3\" from another placard ...\nThey are saying that another placard are considered another type of marking ..\nPlease clear this up for us drivers ..\nI am requesting a written response.\nClick Here!\n1\n-------------\n----·-··-----~···-· ---~--\n--·----~---~----~-~-----","truncated":false,"body_characters":2773}