Texas Department of Public Safety — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 June 24, 2021 Sgt. Kelly F. McClatchy Texas Department of Public Safety 2405 S Loop 250 W Midland, TX 79703 Reference No. 21-0042 Dear Sgt. McClatchy: This letter is in response to your April 19, 2021, email and subsequent phone conversation requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to display of hazard communication (e.g., marks, labels, and placards) on an intermediate bulk container (IBC) transported by highway on a flatbed trailer. Specifically, you provide the following scenario of a transport vehicle carrying IBCs and ask whether it complies with the HMR: • Multiple IBCs are transported on a flatbed trailer; • The IBCs are marked and labeled, consistent with §§ 172.400(a)(2) and 172.514(c)(4); • Straps are used to secure the IBCs to the transport vehicle, which obscure some of the marks and labels displayed on the IBCs; and • As discussed in a subsequent phone conversation, the transport vehicle is placarded and displays the UN identification number (UN ID#) of the hazardous material in the IBCs. The answer is yes. As described in your scenario, the IBCs are appropriately marked and labeled in accordance with the HMR. The IBC marks and labels serve as the hazard communication for the package and do not serve as the hazard communication for the transport vehicle. Instead, the placard and display of the UN ID# serve as the hazard communication for the transport vehicle.#

Page 2Therefore, the IBC marks and labels may be obscured by a securement strap, similar to how they would be obscured when transported within a closed transport vehicle. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Dirk Der Kinderen Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3Cardez 21-0042 From: INFOCNTR (PHMSA) To: Subject: Date: Dodd, Alice (PHMSA); Hazmat Interps FW: Request for formal letter of interpretation Monday, April 19, 2021 3:38:57 PM Attachments: PHMSA Letter.pdf Good afternoon Alice, Please see the attached request for a letter of interpretation. The mailing address for Mr. McClatchy is listed at the bottom of the PDF. Please contact our office with any questions. Best, Sarah (HMIC) From: McClatchy, Kelly [mailto:Kelly.McClatchy@dps.texas.gov] Sent: Monday, April 19, 2021 2:11 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Request for formal letter of interpretation CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe. After a phone conversation with one of you associates this morning, and it being determined that PHMSA has not issued any guidance or formal interpretation related to my request, I am requesting a new formal letter of interpretation to be issued regarding what I perceive is a violation, please see attached. Thank you Sergeant Kelly F. McClatchy Texas Highway Patrol Commercial Vehicle Enforcement Midland (432) 498-2182 Office (432) 210-4748 Cell#