{"operation":"document","citation":"12-0246","title":"AWP, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-01-22","effective_on":null,"summary":"12-0246 response to AWP, Inc. concerning 172.502.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0246.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0246.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0246","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120246.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\nJAN 2 2 2013\nMr. Eric A. Hulme\nDirector of Compliance & Training\nAWP, Inc.\n826 Overholt Rd.\nKent, OH 44240\nRef. No. 12-0246\nDear Mr. Hulme:\nThis is in response to your October 23, 2012 e-mail requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to prohibited and\npermissive placarding. Specifically, you ask whether the logos as shown in the illustrations\nyou supplied are prohibited under the HMR. ·\nThe answer is yes. As provided in§ 172.502(a), no person may affix or display on a\npackaging, freight container, unit load device, motor vehicle or rail car any sign,\nadvertisement, slogan, or device that, by its color, design, shape or content, could be\nconfused with any placard prescribed by the HMR. This prohibition is intended to limit the\npotential dilution of hazard warning communication provided by the appropriate hazardous\nmaterials placards. The illustrations you provide depict the same shape (i.e., square-on-\npoint configuration), size (i.e., 10 inches by 10 inches), and color (i.e., orange with black\nlegend) as that of hazard warning placards. These logos, in the aggregate, can be confused\nwith a Class 1 (explosive) placard prescribed in the HMR and are therefore prohibited under\n§ 172.502.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nFro :\nSent:\nTo:\nSubj ct:\nAttac ments:\nINFOCNTR (PHMSA)\nThursday, October 25, 2012 1:56PM\nDrakeford, Carolyn (PHMSA)\nFW: Interpretations of 49 CFR 172.502(a)\nHow to UNZIP.html; SecureZIP Attachments.zip\n/'2.-{)~\nHi Ca olyn,\nWe r Than ,\nVictor a\neived the following request for a formal letter of interpretation.\nFrom Eric Hulme [mailto:ehulme@awptraffic.com]\nSent: uesday, October 23, 2012 11:09 PM\nTo: I FOCNTR (PHMSA)\nSubj : Interpretations of 49 CFR 172.502(a)\nHazar ous Materials Information Center,\nI am s eking an interpretation of 49 CFR 127.502(a) in regards to the vinyl displayed on our company vehicles. AWP, Inc.\nis a te porary traffic control company that performs our work in accordance with the provisions of the Federal Highway\nAdmin tration's Manual on Uniform Traffic Control Devices (MUTCD), specifically \"Part 6-Temporary Traffic Control,\" as\nwell as each state's temporary traffic control provisions as prescribed in 23 CFR 655.603(b). To that effect, we advertise\nour tw primary services on our pickup trucks: (1) temporary traffic control for road work, and (2) providing flaggers for\ntempo ary traffic control. These are advertised on our vehicles through the use of FHWA designed signs: W20-1\"Road\nWork head\" and W20-7 \"Fiagger Symbol,\" respectively (reference http://mutcd.fhwa.dot.gov/ser-shs millennium.htm\nfor sig specifications). I have included the layout of our truck vinyl for your use as Attachment A.\nIt has b en brought to our attention that these decals may be confused for Class 1 (explosives) placards and is in violation\nof 49 C R 172.502(a)(2). It is my argument that while they share the same background and legend colors as the explosives\nplacard , they are accepted by every State Department of Transportation (DOT) & the US DOT as standard warning signs,\nand ha e simple, highly recognizable legends that cannot be confused with any other sign or placard. The diamond shape\nis desig ated by FHWA as a standard warning sign. The orange background with black legend color scheme is designated\nby FHW for temporary traffic control. The three (3) line message and symbol are designed by FHWA to be highly legible\nand rec gnizable.\nFurther ore, if it is determined that these vinyl decals are in violation of 49 CFR 172.502(a), I would ask for interpretation\n49 CFR 72.SO(a) regarding the use of FHWA designed diamond signs being required to be mounted to vehicles used as\npart of obile operations, as shown as required in Attachment B (reference http://mutcd.fhwa.dot.gov/ for additional\ninforma ion). As these vehicle mounted warning signs share the same shape and color as the explosives placards and may\nbe conf sed for them. If they are not in violation of 49 CFR 172.50(a), why would the decals on our pickup trucks be in\nviolatio ? If they are in violation, please inform the Federal Highway Administration that they are so the entire series of\nvehicle ounted signs may be changed in the next revision of the MUTCD.\nI look fo ward to your interpretations. Please let me know if you have any questions or need additional information.\n1\n\n<<<PAGE 3>>>\n\nDirect-or of Compliance & Training\nAWP Inc.\nP: (3 O) 644-0655\nC: (3 O) 812-9346\nehulr 1e@awotraffic.com\nwww awotrafficsafetv.com\nwe'rE going Google\nPlease rote my email address has changed. You can still contact me at the old email address for some time, but help us make this a smooth\ntransiti n by saving and using this email address! Thank you.\nIMPOR ANT CONFIDENTIALITY NOTICE: This document, and any documents accompanying this transmission, contains confidential, legally\nprotect d information and is intended only for the person or entity to which it is addressed. If you are not the intended recipient, any\ndisclosl re, copying, distribution or the taking of any action in reliance on the contents of this transmission is strictly prohibited. If you receive\nthis tra smission in error, please contact the sender and delete or destroy the material/information. CORPORATE CONTACT INFO: AWP, Inc.\n826 Ov rholt Rd., Kent, OH 44240 800-343-2650\n2\n\n<<<PAGE 4>>>\n\nAREA WIDE PROTECTIVE\nAREA WIDE PROTECTIVE\nwww.awptrafficsafety.com\n(800) 343-2650\nsupposesty Look LikE\nPLACAROS\n(800) 343-2650\n[POWER MEDIA:\nClient: Area Wide Protective\nSize:\n546 Grant Street, Akron, OH 44311 • 330.475.0500 • info@gopower\n\n<<<PAGE 5>>>\n\nP ge 640\n2009 Edition\nNotes for Figure 6H-4-1)rpical Application 4\nShort Duration or Mobile Operation on a Shoulder\nG idance:\n1. 2. In those situations where multiple work locations within a limited distance make it practical to place\nstationary signs, the distance between the advance warning sign and the work should not exceed 5 miles.\nIn those situations where the distance between the advance signs and the work is 2 miles to 5 miles,\na Supplemental Distance plaque should be used with the ROAD WORK AHEAD sign.\n0 tion:\n3. 4. 5. The ROAD WORK NEXT XX MILES sign may be used instead of the ROAD WORK AHEAD sign if\nthe work locations occur over a distance of more than 2 miles.\nStationary warning signs may be omitted for short duration or mobile operations if the work vehicle\ndisplays high-intensity rotating, flashing, oscillating, or strobe lights.\nVehicle hazard warning signals may be used to supplement high-intensity rotating, flashing, oscillating,\nor strobe lights.\nS ndard:\n6. Vehicle hazard warning signals shall not be used instead of the vehicle's high-intensity rotating,\nflashing, oscillating, or strobe lights. -\n7. 8. If an arrow board is used for an operation on the shoulder, the caution mode shall be used.\nVehicle-mounted signs shall be mounted in a manner such that they are not obscured by equipment\nor supplies. Sign legends on vehicle-mounted signs shall be covered or turned from view when work\n----+--~ is not in progress.\nSect. 6 .01 December 2009\n\n<<<PAGE 6>>>\n\n2009 Edition\nPage 641\nFigure 6H-4. Short-Duration or Mobile Operation on a Shoulder (TA-4)\nt\nNote: See Tables 6H-2 and\n6H-3 for the meaning\nof the symbols ancl/or\nletter codes used in\nthis figure.\nWork vehicle\nShadow vehicle\nt\n• •\n• •\n(optional)\nTruck-mounted attenuator\n(optional)\n1-------See Note 1\nt\n(optional)\nTypical Application 4\nDecember 2009\nSect. 6H.OI\n\n<<<PAGE 7>>>\n\nP ge 666 2009 Edition\nNotes for Figure 6H-17-1)rpical Application 17\nMobile Operations on a 1\\vo-Lane Road\nS ndard:\n1. 2. 3. Vehicle-mounted signs shall be mounted in a manner such that they are not obscured by equipment\nor supplies. Sign legends on vehicle-mounted signs shall be covered or turned from view when work\nis not in progress.\nShadow and work vehicles shall display high-intensity rotating, flashing, oscillating, or strobe lights.\nIf an arrow board is used, it shall be used in the caution mode.\nG idance:\n4. Where practical and when needed, the work and shadow vehicles should pull over periodically to allow\nvehicular traffic to pass.\n5.\nWhenever adequate stopping sight distance exists to the rear. the shadow vehicle should maintain the\nminimum distance from the work vehicle and proceed at the same speed. The shadow vehicle should\nslow down in advance of vertical or horizontal curves that restrict sight distance.\nThe shadow vehicles should also be equipped with two high-intensity flashing lights mounted on the rear,\nadjacent to the sign.\n6.\n0\ntion:\n7.\nThe distance between the work and shadow vehicles may vary according to terrain, paint drying time, and\nother factors.\n8.\nAdditional shadow vehicles to warn and reduce the speed of oncoming or opposing vehicular traffic may\nbe used. Law enforcement vehicles may be used for this purpose.\n9. A truck-mounted attenuator may be used on the shadow vehicle or on the work vehicle.\n10. If the work and shadow vehicles cannot pull over to allow vehicular traffic to pass frequently, a DO NOT\nPASS sign may be placed on the rear of the vehicle blocking the lane.\nSu port:\nSt ndard:\n11. Shadow vehicles are used to warn motor vehicle traffic of the operation ahead.\n12. Vehicle hazard warning signals shall not be used instead of the vehicle's high-intensity rotating,\nflashing, oscillating, or strobe lights.\nSect. H.Ol December 2009\n\n<<<PAGE 8>>>\n\n2009 Edition\nPage 667\nFigure 6H-17. Mobile Operations on a Two-Lane Road (TA-17)\nNote: See Tables 6H-2 and 6H-3\nfor the meaning of the\nsymbols and/or letter\ncodes used in this figure.\n~--+--- Work vehicle\n-~~----- Truck-mounted attenuator\n(optional)\nShadow vehicle\nUse sign shape\nand legend\nappropriate\nto the type\n(optional)/ of wmk\nTruck-mounted attenuator\n(optional)\n' t\nTypical Application 17\nDecember 2009\nSect. 6H.OI","truncated":false,"body_characters":10158}