{"operation":"document","citation":"13-0005","title":"ATDynamics, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-02-21","effective_on":null,"summary":"13-0005 response to ATDynamics, Inc. concerning 172.516.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0005.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0005.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0005","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130005.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\nFEB 2 1 Z013\nMr. Jeff Grossmann\nVice President Engineering\nA TDynamics, Inc.\n3150 Corporate Place\nHayward, CA 94545\nReference No.: 13-0005\nDear Mr. Grossmann:\nThis is in response to your December 31, 2012 email, and follow up conversations with a\nmember of my staff, requesting clarification ofthe Hazardous Materials Regulations (HMR;\n49 CFR Parts 171-180). You provide a picture of a highway trailer with \"boat tail\"\nextensions installed. You ask for confirmation that the placard placement shown in the\npictures and diagrams is compliant with§ 172.516. You also ask if there are additional\nmounting locations that could be deemed suitable.\nPlacards are required to be clearly visible from the direction they face by § 172.516(a).\nFrom the pictures you have submitted it appears your placard placement meets this\nrequirement. Placards are also required by 172.516(b )(2) to be located clear of\nappurtenances and devices such as ladders, pipes, doors, and tarpaulins. While the\nplacement of the placards shown are clear of such appurtenances and devices; extra care\nmay need to be taken during placard application to ensure placards are not obscured by\nappurtenances such as door handles or the \"boat tail\" itself.\nDue to variations in truck design and appurtenance locations it is impossible to validate most\noptions as suitable for all trucks. Any location that satisfies the conditions of§ 172.516 is\nsuitable for placard placement.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nDelmer Billings 'f\n[Z~· .\nSenior Regulatory Advisor\nStandards and Rulemaking Division\n----------·\n\n<<<PAGE 2>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom:\nSent:\nTo:\nCc:\nSubject:\nAttachments:\nBillings, Delmer (PHMSA)\nMonday, December 31, 2012 12:59 PM\nDrakeford, Carolyn (PHMSA)\nBomgardner, Paul (FMCSA)\nFw: Boat tail compliance with hazard placards\nHazard Placard Placement Clarification for Boat Tails. pdf\nftaca rcli f1Cf\n13-0005\nCarolyn\nPlease log and assign for response.\nThanks\nDel\nFrom: Bomgardner, Paul (FMCSA)\nSent: Monday, December 31, 2012 11:07 AM\nTo: Billings, Delmer (PHMSA)\nSubject: FW: Boat tail compliance with hazard placards\nDel:\nThis gentleman and I have been trading emails regarding placement of placards on the rear of trailers equipped with what\nhe calls a \"boat tail\" used for wind displacement. The attached document shows the placement of placards on the rear of\nthe trailer at various angles. It is my opinion that the depicted placement of the various placards meet the requirements\nof 49 CFR section 172.516.\nMr. Grossmann is requesting a \"formal\" letter on this so that he can proceed with equipping Con-Way vehicles with the\nboat tail. My question is: since this is an interpretation, will you guys write the letter, or do you want me to do it? I am\nokay with either way. Just let me know.\nThanks, and Happy New Year,\nPaul\nFrom: Jeff Grossmann [mailto:jgrossmann@atdynamics.com]\nSent: Sunday, December 30, 2012 12:03 PM\nTo: Bomgardner, Paul (FMCSA)\nSubject: RE: Boat tail compliance with hazard placards\nHi Paul,\nAfter our conversation earlier this month, I reworked the hazard placard locations for which we are requesting an official\nclarification (see attachment). We hope that these locations are straight-forward enough to enable a short, but official,\nletter to be drafted in January to satisfy Con-way Truckload's immediate request regarding their trailers.\nThanks again for your guidance thus far. I have in my notes that you'll be forwarding this to PHMSA- is there anything\nelse you need from me in the meantime and should I follow up directly with you or a specific person at the PHMSA?\nBest regards and Happy (what's left of your) Holidays,\nJeff\n1\n\n<<<PAGE 3>>>\n\nFrom: R9.l!1,1>gmgsm;!n~c@!:l9t,goy [ma!ltg: RQ.Y1..bPmg9rd.n~r@dgt.gqy]\nSent: Tuesday, December 18, 2012 5:58 AM\nTo: iQfQ~§m;:mn@g_tgyn_gmi~~.~Pm\nSubject: RE: Boat tail compliance with hazard placards\nJeff:\nI am in the office today, and 11:00 a.m. would work. In the meantime, I have reviewed the drawings and have the\nfollowing to offer:\n1. 2. 3. The HM Regulations merely state in section 172.516 that placards must be visible from the direction it faces\n(except in cases of trailers and semi-trailers when the front or rear placards are on surfaces facing another\nvehicle).\nIn your case, it appears that from directly behind the vehicle, the placards are all visible. It is not until the 5 degree\nposition that placard number 2 begins to disappear from view. Positions 1 and 3 remain visible throughout the\nrange.\nIt is therefore, my opinion, that placard placement number 2 be reconsidered and be moved to a position on the\nrear of the trailer closer in line with numbers 1 and 3.\nWith that said, I have a few questions:\n1. 2. 3. When standing behind the trailer, or sitting in a car, does the extension below placard 1 hide it from view?\nHow many placard holders are going to be placed on the rear of the trailer?\nDo you have any real-life pictures of the boat tail on a trailer?\nOne last thing: While some companies mount their trailer placards below the trailer and above the underride bar, this is\nnot really optimal due to dirt and debris that might be kicked up. However, years ago, it was argued by ATA that this\nplacement is no more susceptible to dirt and debris than a placard on the rear doors, due to the way air/rain circulates\nwhen the vehicle is in motion.\nI hope this helps, and if you still need to discuss, let me know.\nRegards,\nPaul\nFrom: Jeff Grossmann [mailtQjgrQ~!IlqDJ1@9tdY!l~IIIl.i!;:~ ... ~Qffi]\nSent: Monday, December 17, 2012 11:20 AM\nTo: Bomgardner, Paul (FMCSA)\nSubject: Boat tail compliance with hazard placards\nHi Paul,\nI believe that Luke Loy mentioned me and our request for some assistance in clarifying rear hazard placard compliance on\nClass 8 vehicles with trailers and boat tails. Is there a good time this week to talk? Anytime between 11 AM and 2:30PM\non Tuesday or Wednesday would work great for me.\nBest regards,\nJeff\nP.S. Attached is a brief overview of sample placard locations -I believe Luke showed this to you last week.\nJeffrey J. Grossmann\nVP Engineering\n2\n\n<<<PAGE 4>>>\n\nATDynamics, Inc.\nTel: 973-886-2504\nEmail: ~$ma_IJ~IJ.@Jtt<;Iynar:nJcs,som.\nlf'JWW.~IJS!J!lj£S,.!.£Q!TI\nThis e-mail, and any attachment to it, contains privileged and confidential information intended only for the use of the individual or entity named\non the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended\nrecipient, you are hereby notified that reading, disseminating. or using any of the information contained herein is strictly prohibited. If you have\nreceived this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you.\n3","truncated":false,"body_characters":6969}