{"operation":"document","citation":"18-0146","title":"Texas Highway Patrol — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-05-24","effective_on":null,"summary":"18-0146 response to Texas Highway Patrol concerning 172.502.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0146.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0146.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0146","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/71501/180146.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMay 24, 2019\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nBrad Gibson\nSergeant,\nTexas Highway Patrol\n6200 Guadalupe Street,\nBuilding P\nAustin, TX 78752\nReference No. 18-0146\nDear Sergeant Gibson:\nThis letter is in response to your November 13, 2018, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to placarding. In\nyour email, you describe a scenario in which a motor vehicle was placarded to indicate a Class 8\ncorrosive material, but upon inspection of the vehicle, you found that it was transporting\npackages classed as Other Regulated Material (ORM-D). However, the hazardous material in\nquestion was a Class 8 corrosive material prior to being reclassified as ORM-D. Specifically,\nyou ask whether this scenario is acceptable within the HMR.\nThe answer is yes. Section 172.502( c) states that placards may be displayed for a hazardous\nmaterial, even when not required, if the placarding otherwise conforms to the requirements of\nthis Subpart F - Placarding. Additionally,§ l 72.502(a)(l) states that placarding is permitted\nwhen the material being offered or transported is a hazardous material, the placard represents a\nhazard of the hazard material being offered or transported, and any placarding conforms to the\nrequirements of Subpart F. While the material in question may have been reclassified as an\nORM-D, the material still presents a Class 8 (corrosive) hazard and therefore a Class 8 placard is\nacceptable.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\n~r#~~\nT. Glenn Foster\nChief, Regulatory Review and Reinvention\nStandards and Rulemaking Division\n\n<<>>\n\nf_A.J de~. .\n:~ I 7 2 . :5-CfO Ct,:)) ( z.J\nIt- QJ \nCc: Cottle, John \nSubject: Request for Formal Letter of Interpretation\nTo whom it concerns,\nPlease allow this email to serve as a request for a formal written interpretation from PHMSA concerning the following\nquestion.\nIs a vehicle transporting a Class 8 hazardous material, that has been properly classed as an ORM-D, permitted to display\nCorrosive placards (172.502(c)) or is placarding of the vehicle not allowed since no placard exists under Table 2 for the\nORM-D category of material (172.504(e))? The usage of the word \"classed\" in 172.S00(b)(2) is also a point of contention\nand confusion regarding this issue, given that it tends to lead someone to believe that once someone \"classes\" a\nhazardous material as an ORM-D, that the original hazard class is no longer available for permissive placarding purposes.\nI would like to thank you in advance for your assistance in this matter, as it is greatly appreciated.\n1\n\n<<>>\n\nMy mailing address is as follows:\n6200 Guadalupe St., Bldg. P\nAustin, TX 78752\nBrad Gibson\nSergeant, Texas Highway Patrol Division\nCommercial Vehicle Enforcement Training Unit\n(512) 486-6481 - Office (Austin)\n(512) 424-2539 - CVE Training (Austin)\nbrad.gibson@dps.texas.gov\n2","truncated":false,"body_characters":3859}