{"operation":"document","citation":"21-0059","title":"XPO Logistics — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2022-02-03","effective_on":null,"summary":"21-0059 response to XPO Logistics concerning 172.332, 172.544.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0059.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0059.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0059","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/76246/210059.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nFebruary 3, 2022\nMs. Marie Copeman\nXPO Logistics\n2211 Old Earhart Road\nAnn Arbor, MI 48105\nReference No. 21-0059\nDear Ms. Copeman:\nThis letter is in response to your May 25, 2021, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to placarding. In your email,\nyou describe a scenario where a vehicle is placarded on four sides—two sides with rail\ncombustible liquid placards and two sides with standard combustible liquid placards. You ask\nwhether it is permissible to placard a vehicle using both the rail combustible liquid placards as\ndescribed in § 172.332(c)(4) and the standard combustible liquid placards as described in\n§ 172.544, at the same time.\nThe answer is yes. As you noted in your email, § 172.332(c)(4) states “For a COMBUSTIBLE\nplacard used to display an identification number, the entire background below the white\nbackground for the identification number must be white during transportation by rail and may be\nwhite during transportation by highway.” Although not specified, there is no prohibition in the\nHMR from using a combination of the two authorized combustible liquid placards on the same\nmotor vehicle by highway transportation. Therefore, it is the opinion of this Office that using\nboth placards on the same motor vehicle is permitted under the HMR only during highway\ntransportation.\nI hope this information is helpful. 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\nWolcott\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Letter of Interpretation Requested\nDate: Wednesday, May 26, 2021 10:16:38 AM\nAttachments: Inspection Report Redacted.pdf\n21-0059\nGood Morning Alice,\nPlease see the below Interpretation request and attachment.\nLet us know if you need anything else from us.\nRegards,\n-Breanna\nFrom: Marie Copeman [mailto:Marie.Copeman@xpo.com]\nSent: Tuesday, May 25, 2021 1:41 PM\nTo: PHMSA HM InfoCenter <PHMSAHMInfoCenter@dot.gov>\nSubject: Letter of Interpretation Requested\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or\nopen attachments unless you recognize the sender and know the content is safe.\nGood Afternoon,\nOne of our drivers received a violation from the Missouri State Highway Patrol. The\nviolation was for using two of four bulk combustible rail placards with the white bottom and\nthe other two being the regular combustible bulk placard with the red bottom. I called the\nHMIC and was told, after the person discussed it with a standards colleague, that there was\nno restriction for using these placards on the same vehicle during highway transportation.\nBased on our discussion, I disputed the violation, however, the officer stated “We reached\nout to FMCSA and they provided the attached PHMSA interpretation, which ways that each\nside and each end of a freight container, unit load device, transport vehicle, or rail car must\nhave identical placards of design and quantity. PHMSA Interp # 20-0022”.\nThese were bulk containers containing a combustible liquid. Per 172.302 - General marking\nrequirements for bulk packagings, the vehicle was required to be marked as required by\n172.332 (see 172.302(a)). 172.332(c)(4) states: \"(4) For a COMBUSTIBLE placard used to\ndisplay an identification number, the entire background below the white background for the\nidentification number must be white during transportation by rail and may be white during\ntransportation by highway.\"\nThe letter of interpretation is below. A copy of the inspection report (personal information\nredacted) is attached.\nBased on the conversation I had with your office I do not feel this letter of interpretation\napplies. Please provide us with a letter of interpretation which will clarify this specific\n\n<<<PAGE 3>>>\n\nsituation.\nInterpretation Response #20-0022\nBelow is the interpretation response detail and a list of regulations sections applicable to\nthis response.\nInterpretation Response Details\nResponse Publish Date: 05-07-2020\nCompany Name: Railsback HazMat Safety Professionals LLC Individual Name: Rex\nRailsback\nLocation state: KS Country: US\nView the Interpretation Document\nResponse text:\nMay 7, 2020\nRex Railsback\nHazMat Specialist\nRailsback HazMat Safety Professionals LLC\n312 Lawrence Ave\nLawrence, KS 66049\nReference No. 20-0022\nDear Mr. Railsback:\nThis letter is in response to your March 5, 2020 email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to placarding.\nSpecifically, you request the applicability of the response in previous Letter of Interpretation\n(LOI) No. 05-0108 as it relates to a number of scenarios you describe. You state the\nscenario in LOI No. 05-0108 involves a transport vehicle that requires placards, but also\nmeets the requirements to utilize the \"Dangerous\" placard as specified in § 172.504(b). In\nthe same scenario, a vehicle is placarded on two ends with \"Flammable Gas\" placards, and\non two sides with \"Dangerous\" placards. You state that LOI No. 05-0108 specifies that such\nplacarding would not be authorized by the HMR, and that the vehicle should be placarded\nwith the same placard(s) on both ends and both sides. Lastly, you state it is your\nunderstanding that this letter implies a person cannot mix required placards with other\nplacards that are authorized by an exception.\nWe have paraphrased and answered your questions as follows:\n\n<<<PAGE 4>>>\n\nQ1. You ask whether use of the \"Flammable\" and \"Corrosive\" placards on three sides of a\nvehicle and the \"Dangerous\" placard on the fourth side in accordance with the exception\nrequirements for the \"Dangerous\" placard in § 172.504(b) is permitted for a transport\nvehicle that is loaded with 600 lbs. of Class 3 (Flammable) material in non-bulk packages\nand 600 lbs. of Class 8 (Corrosive) material in non-bulk packages.\nA1. The answer is no. A freight container, unit load device, transport vehicle, or rail car\nwhich contains non-bulk packages with two or more categories of hazardous materials that\nrequire different placards specified in table 2 of § 172.504(e) may be placarded with a\n\"Dangerous\" placard instead of the separate placarding specified for each of the materials\nin table 2. However, each side and each end of a freight container, unit load device,\ntransport vehicle, or rail car must have identical placards in design and quantity.\nQ2. You ask whether use of the \"Flammable Gas\" placard on two ends of the vehicle and\nthe \"Flammable Gas\" and \"Non-Flammable Gas\" placards on two sides of the vehicle using\nthe exception for the \"Non-Flammable Gas\" placard in § 172.504(f)(3) is permitted for a\ntransport vehicle that is loaded with 600 lbs. of Division 2.1 (Flammable Gas) material in\nnon-bulk packages and 600 lbs. of Division 2.2 (Non-flammable Gas) material in non-bulk\npackages.\nA2. The answer is no. Each side and each end of a freight container, unit load device,\ntransport vehicle, or rail car must have identical placards in design and quantity.\nQ3. You ask whether use of the \"Non-Flammable Gas\" placards on two ends of the vehicle\nand the \"Oxygen\" placard on two sides of the vehicle in accordance with the exception for\nthe \"Oxygen\" placard in § 172.504(f)(7) is permitted if a transport vehicle is loaded with\n1,200 lbs. of Division 2.2, Oxygen, compressed in non-bulk packages.\nA3. The answer is no. Each side and each end of a freight container, unit load device,\ntransport vehicle, or rail car must have identical placards in design and quantity.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n172.504(b), 172.504(e), 172.504(f)(3), 172.504(f)(7)\n\n<<<PAGE 5>>>\n\nRespectfully,\nMarie Copeman\nLess-Than-Truckload\nManager of Safety Compliance\nXPOLogistics\n2211 Old Earhart Road\nAnn Arbor USA\n\n<<<PAGE 6>>>\n\nDRIVER/VEHICLE EXAMINATION REPORT\nAspen 3.0.0.17\nMissouri State Highway Patrol\nCommercial Vehicle Enforcement Division\nReport Number: MO00SH004596\nP.O. Box 568, Jefferson City, MO 65102-0568\nInspection Date: 04/05/2021\nStart: 08:53 AM CT\nReturn of report NOT required.\nPhone: (573)526-6128 cvemail@mshp.dps.mo.gov\nEnd: 9:30:00 AM CT\nInspection Level: I| - Walk-Around\nHM Inspection Type: Bulk\nXPO LOGISTICS FREIGHT INC\n2211 OLD EARHART ROAD\nDriver:\nANN ARBOR, MI 48105-2751\nDate of Birth:\nLicense#:\nState: MO\nUSDOT#: 00241829\nMC/MX#: 165377\nPhone#: (734)994-6600\nState#:\nFax#:\nCoDriver:\nLicense#:\nDate of Birth:\nState:\nLocation: 1900 N JEFFERSON\nHighway: 164\nMilePost:\nCounty: SAINT LOUIS CITY, MO\nOrigin: ALVIN, TX\nShipper: EXCEL CHEMICAL, ALVIN TX 77511\nDestination:ST LOUIS, MO\nBill of Lading: 738-383192\nCargo: NA1993\nVEHICLE IDENTIFICATION\nUnit Type Make Year State\n1\nPlate #\nTT FRHT 2015 IN\nEquipment ID\n2498332\nVIN\nGVWR CVSA # CVSA Issued # OOS Sticker\n2\n5784609\nST UNK 1995 IN\nP613598\n1FUBCCYHE6842 34,000\n315-3515\n1RZ1KC1A4S1001491 40,000\nBRAKE ADJUSTMENTS: No Brake Measurements Required For Level 2\nVIOLATIONS\n172.504A\nVio Code\n172.504(a)\nSection\nUnit OOS\nCitation #\nVerify Crash Violations Discovered\nVehicle not placarded as required: 2 of 4 placards have a white\nbottom while the other 2 of 4 have a red bottom\nHazMat: 3 Combustible Liquid\nSpecial Checks: Traffic Enforcement; Local Enforcement\nPlacard: Yes Cargo Tank:\nState Information:\nAGENCY: SLMPD;\nI certify that the above violation(s) was/were corrected.\nSignature Of Repairer X:\nFacility:\nDate:\nSignature Of Motor Carrier X:\nTitle:\nDate:\n00241829 MO MO00SH004596","truncated":false,"body_characters":9842}