{"operation":"document","citation":"16-0146","title":"DuBois Chemical, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-12-09","effective_on":null,"summary":"16-0146 response to DuBois Chemical, Inc. concerning 172.506.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0146.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0146.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0146","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/160146.pdf","body":"<<<PAGE 1>>>\n\nRegulatory Specialist\nDuBois Chemicals, Inc.\n3630 East Kemper Road\nSharonville, OH 45241\nReference No. 16-0146\nDear Mr. Polk:\nThis letter is in response to your September 6, 2016, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to providing\nhazardous materials placards to motor carriers under § 172.506(a). We have paraphrased your\nquestions and answered them in the order you provided:\nQ1. You ask the meaning of \"provide\" as it is enforced in § 172.506(a) of the HMR.\nA1.\nThe HMR do not define the word \"provide.\" However, according to conventional\nresources, such as the Merriam-Webster Dictionary, it means \"to make something\navailable\" and \"to give something wanted or needed to someone or something.\"\nQ2. You ask if § 172.506(a) requires those who offer hazardous materials to: (1)\nphysically hand placards to motor carrier drivers or present them along with shipping\npapers before or at the time the hazardous material is offered for transportation; or (2)\nhave placards readily available and accessible in organized files for carriers to pick up\nas needed. You further ask which manner meets \"provide\" as enforced.\nA2.\nSection 172.506(a) specifies that the placards are to be offered to a motor carrier prior\nto or at the same time a hazardous material is offered for transportation, but it does not\nspecify how they are to be made available. Therefore, the offeror may use any method\nthat meets the requirements in § 172.506(a). It is the opinion of this Office that the\nfollowing examples comply with this requirement: the offeror (1) physically hands\napplicable placards to the motor carrier; (2) physically applies applicable placards to\nthe container/vehicle; or (3) makes applicable placards available to the motor carrier in\n\n<<<PAGE 2>>>\n\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nPlease submit this as a letter of interpretation. Mr. Polk spoke with Shelby.\nPlease let me know if you have any questions.\nThanks,\nJordan\nFrom: jay.polk [mailto:jay.polk@duboischemicals.com]\nSent: Tuesday, September 06, 2016 2:06 PM\nTo: INFOCNTR (PHMSA)\nSubject: Interpretation for §172.506(a): Providing and affixing placards: Highway\n§172.506(a) simply states that the shipper \"shall 'provide' the motor carrier with the required placards for the materials\nbeing offered... unless the carrier's motor vehicle is already placarded for the material.\"\nWhat is the enforceable definition / interpretation of the term \"provide\"? I have been unable to find a definition or an\nofficial interpretation for what is meant or intended by the term \"provide\".\nDo the required placards have to be physically handed to the driver or presented with the shipping papers, either prior\nto or at the time the material is offered? Or by having the required placards for all materials being offered made readily\navailable in organized, readily accessible files for the carriers to pick-up as needed, is this meeting the intent for the term\n\"provide\"?\nRegards,\nJay Polk\nRegulatory Specialist\nDuBois Chemicals, Inc.\n3630 E. Kemper Rd.\nSharonville, OH 45241\njay.polk@duboischemicals.com\nP- 513-554-4245\nF-513-554-4369","truncated":false,"body_characters":3239}