Sheetz, Inc. — Hazardous Materials Safety Interpretation

Page 11200 New Jersey Avenue, SE Washington, DC 20590 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration January 26, 2022 Roy Terwilliger Sheetz, Inc. 5700 6th Avenue Altoona, PA 16602 Reference No. 21-0112 Dear Mr. Terwilliger: This letter is in response to your December 1, 2021, email and subsequent phone conversation with a member of my staff requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to placarding. Specifically, you provided two photographs of a “UN1203” placard displayed on the rear of a cargo tank motor vehicle and ask whether it complies with § 172.516 because the white border on the lower left side of the placard is minimally obstructed by a yellow warning light from the direction it faces. You believe the placard display is consistent with the visibility requirements of the HMR and prior clarification provided in letters of interpretation (e.g., Ref. Nos. 14-0106, 15-0076, and 16-0035). Based on the photographs you provided, it is the opinion of this Office that the display of the “UN1203” placard complies with the regulations for visibility and display of placards in § 172.516. 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 2Baker 21-0112 From: INFOCNTR (PHMSA) To: Dodd, Alice (PHMSA) Subject: FW: Placard Display Interpretation Requested 49 CFR 172.516(c) Date: Friday, December 17, 2021 11:48:50 AM Attachments: Exhibit 1.pdf Exhibit 2.pdf Exhibit 3.pdf Dear Alice please see the below LOI request. The requestor has a different phone number that should be used for this letter request. The number is: 336 830-6275. If you have any questions, please do not hesitate to reach out. Regards, Josh, HMIC Roy Terwilliger <rterwill@sheetz.com> Sent: Wednesday, December 1, 2021 11:01 AM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Placard Display Interpretation Requested 49 CFR 172.516(c) INFOCNTR, We are requesting an interpretation of a placard displayed below. Based upon past interpretations from PHMSA (Exhibit 1, Exhibit 2, and Exhibit 3) attached for reference, we seek interpretation from PHMSA as to whether or not the placard displayed below (1203) is a violation of 172.516(c); as being obstructed by the yellow warning work-light, shown at the 7’ o’clock position to the placard, to the point of being “substantially reduced” and thus a violation or is it consistent with past PHMSA interpretations. 172.516(a) states that, “each placard on a motor vehicle and each placard on a rail car must be clearly visible from the direction it faces”. In our photos below of our trailer this is the view of the placard from the “direction it faces”.#

Page 3172.516(c)(6) states that placards “Be maintained by the carrier in a condition so that the format, legibility, color and visibility of the placard will not be “substantially reduced “due to damage, deterioration or obscurement by dirt or other matter.#

Page 4PHMSA INTERPRETATIONS: Exhibit 1: PHMSA offered an interpretation to the question, “what constitutes Placard Damaged/Deteriorated/Obscured per FMCSA 172.516(c)(6)”. PHMSA’s response was that, in their opinion, the placard would be acceptable under 172.516 despite a minor defect in the placard; and emphasized that the carrier must maintain the placard in a condition so that the format, legibility, color and visibility of the placard will not be substantially reduced due to damage, deterioration, or obscurement by dirt or other matter.” Exhibit 2: PHMSA offered an interpretation regarding a placard that was, by definition, not compliant with the manufacturing design standard of 49 CFR 172.542(b) due to an obstruction of the placard caused by the placard holder. Yet, PHMSA once again ruled that despite the placard being partially obstructed was compliant with 49 CFR 172.516(c)(6) since the obstruction “did not obstruct or cover any of the essential design elements”. Exhibit 3: PHMSA offered an interpretation regarding a placard that was in fact not compliant with the respective regulations, and held that the placard was “substantially reduced” because the essential elements were reduced significantly enough to be obscured and not meet the original manufacturing standard of 49 CFR 172.558. Thank you for your consideration. Roy Terwilliger CLI Transport, LP 5700 6TH AVE ALTOONA, PA 16602 (800) 582-0456 rterwill@sheetz.com#

Page 5of Transportation J.S. Departmen Washington. DC 20590 1200 New Jersey Avenue SE Materials Safety Pipeline and Hazardous Administration JUL 0 9 2015 Ms. Michele A. Jacobs The Lane Construction Corporation 90 Fieldstone Court Chershire, CT 06410 Reference No. 15-0076 Dear Mr. Jacobs: This is in response to your April 17, 2015 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to placards. You ask what kind of damage would have to occur to a placard for it not to meet the placard specification in § 172.516. In your letter, you include a picture of a placard with a rivet hole and ask if it would be acceptable under § 172.516. The answer is yes. It is the opinion of this Office that the placard depicted in your letter would be acceptable under § 172.516. As required by § 172.516(c)(6), each placard on a transport vehicle, bulk packaging, freight container or aircraft unit load device must be maintained by the carrier in a condition so that the format, legibility, color, and visibility of the placard will not be substantially reduced due to damage, deterioration, or obscurement by dirt or other matter. The Pipeline and Hazardous Materials Safety Administration (PHMSA) cannot make a broad determination about what would be considered substantial damage to a placard. Therefore, PHMSA must consider whether the condition of a placard is still acceptable on a case-by-case basis. I hope this satisfies your request. Sincerely, lenn Taste T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 6Andrew's $/72,516(r)(6) sibly and display Dodd, Alice (PHMSA) aro From: 15-0076 Sent: Geller, Shelby CTR (PHMSA) To: Hazmat Interps Tuesday, April 21, 2015 3:47 PM Subject: Attachments: FW: Request for Letter of Interpretation - 49 CFR 172.516 (c)(6) April 17, 2015 Hazmat Letter of Interpretation 49 CFR 172.516 (c)(6) docx Dear Shante and Alice, Attached is a formal letter of interpretation. Ms Jacobs spoke with Victoria Lehman and was also given interpretation reference number 99-0025 and 14-0106. Thanks, Shelby From: Michele A. Jacobs [mailto:majacobs@laneconstruct.com] To: INFOCNTR (PHMSA) Sent: Tuesday, April 21, 2015 2:15 PM Subject: FW: Request for Letter of Interpretation - 49 CFR 172.516 (c)(6) Please see attached document for a request for a formal letter of interpretation of 49 CFR 172.516 (c)(6). Thank you, Michele A. Jacobs LANE Corporate Safety and Fleet Manager The Lane Construction Corporation 8205 Wilkinson Blvd. | Charlotte, NC 28214 M: MAJacobs@LaneConstruct.com 2: 704.395.3243 | &: 704.394.5354 | Cell: 704.201.1249 6 Point Focus Safety / Innovation / Continuous Improvement / Coach and Be Coachable / Execute with Excellence Live the Lane Values From: Michele A. Jacobs Sent: Friday, April 17, 2015 6:40 PM To: 'phmsa.webmaster@dot.gov' Subject: Request for Letter of Interpretation - 49 CFR 172.516 (c)(6) Please see attached document for a request for a letter of interpretation of 49 CFR 172.516 (c)(6). Thank you, Michele A. Jacobs 1#

Page 7LANE Corporate Safety and Fleet Manager The Lane Construction Corporation 8205 Wilkinson Blvd. | Charlotte, NC 28214 [x: MAJacobs@LaneConstruct.com Z: 704.395.3243 | S: 704.394.5354 | Cell: 704.201.1249 6 Point Focus Safety / Innovation / Continuous Improvement / Coach and Be Coachable / Execute with Excellence Live the Lane Values Note: This message is for the named person's use only. It may contain confidential, proprietary or legally privileged information. No confidentiality or privilege is waived or lost by any miss-transmission. If you receive this message in error, please immediately delete it and all copies of it from your system, destroy any ard copies of it and notify the sender. You must not, directly or indirectly, use, disclose, distribute, print, or opy any part of this message if you are not the intended recipient. LANE INDUSTRIES and any of its subsidiaries each reserve the right to monitor all e-mail communications through its networks. Any views expressed in this message are those of the individual sender, except where the message states otherwise and the sender is authorized to state them to be the views of any such entity. Thank You.#

Page 8LANE Office of Pipeline Safety Pipeline and Hazardous Material Safety Administration U.S. Department of Transportation 1200 New Jersey Avenue, SE East Building, 2nd Floor Washington, DC 20590 April 17, 2015 RE: Request - Letter of Interpretation - 49 CFR 172.516 (c)(6) To Whom It May Concern: I am looking for clarification on what constitutes "Placard Damaged/Deteriorated/Obscured per FMCSA 172.516 (c)(6). Would a scratch or pealed section the size of a small rivet head be considered damaged under 172.516? Would a slight tear or scratch around the perimeter or inside the placard be considered damaged? These conditions could occur from a rock hitting the placard during a normal route of driving on the road to a destination. Can you provide guidance to show when a placard is considered to NOT meet the standard that states "must be maintained by the carrier in a condition so that the format, legibility, color, and visibility of the placard will not be substantially reduced due to damage, deterioration, or obsurement by dirt or other matter". Does the 1993 placard pictured below meet the guidelines of 172.516(c)(6) and therefore would not be considered in violation? The area is a small circle just above the finger in the picture. 1993 3 The Lane Construction Corporation 90 Fieldstone Court Cheshire, CT 06410 USA T 203.235.3351 LaneConstruct.com An Equal Opportunity Employer M/F/D/V#

Page 9LANE We would greatly appreciate more definitive answers to these questions so that we can appropriately instruct our drivers as to what is considered damaged placards during our training sessions. We do keep extra placards in all of our hazmat vehicles, however, when a driver does not think there is damage that constitutes replacement and then receives a violation for a minor imperfection it is difficult to know how to proceed. In summary we are looking for guidance in determining the point at which damage to a placard constitutes replacement. Thank you very much for your time and we look forward to your response. Sincerely, Michele A. Jacobs LANE Corporate Safety and Fleet Manager The Lane Construction Corporation 8205 Wilkinson Blvd. | Charlotte, NC 28214 X: MAJacobs@LaneConstruct.com 2: 704.395.3243 | 2: 704.394.5354 | Cell: 704.201.1249 6 Point Focus Safety / Innovation / Continuous Improvement / Coach and Be Coachable / Execute with Excellence Live the Lane Values The Lane Construction Corporation 90 Fieldstone Court Cheshire, CT 06410 USA T 203.235.3351 LaneConstruct.com An Equal Opportunity Employer M/F/D/V#

Page 10Dodd, Alice (PHMSA) Sent: From: Geller, Shelby CTR (PHMSA) Tuesday, April 21, 2015 10:22 AM To: Hazmat Interps Subject: FW: Formal Letter of interpretation Dear Shante and Alice, Attached is a formal letter of interpretation request. Mr. McElhoe spoke with Jordan Rivera. His mailing address is: Scott McElhoe Northland Services Inc. 6700 W. Marginal Way SW Seattle, WA 98106 Thanks, Shelby From: Scott McElhoe [mailto:smcelhoe@Lynden.com] To: INFOCNTR (PHMSA) Sent: Wednesday, April 15, 2015 2:35 PM Subject: Formal Letter of interpretation Mailing addressed requested 4/16/2015 ta 12:57 pm Am I correct to interpret 49 CFR 176.410(e) that UN0332, Agent blasting Type E, 1.5D, II, may be stowed in the same freight container as UN1942, Ammonium nitrate, 5.1, III? If so, is segregation required between a freight container of UN0332 and a freight container of UN1942? Regards, Scott Me Elhoe, CSP Assistant General Manager Northland Services Inc. (206) 892-2788#

Page 11of Transportation U.S. Department 1200 New Jersey Avenue, SE. Washington, D.C. 20590 Materials Safety Pipeline and Hazardous Administration JUL 2 6 2016 Maureen Levy Poole SJ Transportation Co, Inc. 1176 US Route 40 PO Box 169 Woodstown, NJ 08098 Ref. No. 16-0035 Dear Ms. Poole: This responds to your March 3, 2016 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to placarding. You request clarification on what constitutes substantially reduced placard visibility, as provided in § 172.516. In your email, you provide an example of a placard that is partially obstructed by a placard holder and ask whether this is considered damaged. The answer is no. We do not consider the example placard provided to be damaged. However, we note that the picture you provided shows a placard that does not fit precisely in the placard holder, which appears to be designed according to the placard holder specifications in Appendix C to Part 172. The Dimensional Specifications for Recommended Placard Holder in Appendix C to Part 172 were originally adopted to be consistent with the larger minimum size requirements of 273 mm × 273 mm (or 10¾ in. × 10¾ in.) for placards prior to the publication of final rule HM-218F on July 20, 2011 [76 FR 43510]. The HM- 218F rule reduced the placard minimum size requirements to 250 mm x 250 mm (~ 9¾ in. x 9¾ in.) to harmonize with international standards. The horizontal cross members of the recommended placard holder do not obstruct or cover any of the essential design elements of the original larger minimum size placard (i.e., a 273 mm × 273 mm placard). Yet, if a placard is designed to the current minimum size requirements (i.e., a 250 mm × 250 mm placard), it would not fit precisely in a placard holder strictly designed to Appendix C standards. The specifications in Appendix C are not intended to be fixed and should be adjusted accordingly for consistency with the size of the placard it is intended to hold. Regardless of which size placard is affixed to a transport vehicle, the placard holder used should not obscure the format of the placard.#

Page 12As required by § 172.516(c)(6), each placard on a transport vehicle, bulk packaging, freight container or aircraft unit load device must be maintained by the carrier in a condition so that the format, legibility, color, and visibility of the placard will not be substantially reduced due to damage, deterioration, or obscurement (emphasis added) by dirt or other matter. I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely irk Der Kindere Chief, Standards Development Branch Standards and Rulemaking Division#

Page 13Accarone $172.5166)6) Dodd, Alice (PHMSA) Placarding From: Geller, Shelby CTR (PHMSA) 16-0035 Sent: To: Hazmat Interps Wednesday, March 02, 2016 3:46 PM Subject: FW: 49 CFR 172.516 (c)(6) Attachments: 0226160723-00.jpg Dear Shante and Alice, Forwarded is a request for a formal letter of interpretation. Ms Levy spoke with Jordan in the HMIC. Thanks, Shelby From: Maureen Levy [mailto:mlevy@sjtransportation.com] To: PHMSA HM InfoCenter Sent: Tuesday, March 01, 2016 1:28 PM Subject: 49 CFR 172.516 (c)(6) Good Afternoon, I am seeking to gain clarification of the placarding requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180. Specifically, clarification on what constitutes substantially reduced placard visibility, as referenced in § 172.516. Attached is an example of a placard. Can you please advise if this would be considered damaged? Thank you for your help with this matter. Safe Travels! Maureen Levy Poole Director of HR & Risk Management SJ Transportation Co, Inc. 1176 US Route 40 PO Box 169 Woodstown, NJ 08098 856-769-2741 ext. 125 ~ Phone 856-769-9811 ~ Fax www.sjtransportation.com ~ Website#

Page 14Mission Statement: Relentless pursuit to be the safest most respected transportation provider in North America/Canada; Delivering quality service and solutions that exceed our customers' & employees expectations 2#

Page 15Tank tended = be fled by 3264#

Page 16U.S. Department 1200 New Jersey Avenue, SE of Transportation Washington, D.C. 20590 Pipeline and Hazardous Administration Materials Safety SEP 2 4 2014 Mr. James Cherry J.B. Hunt Transport, Inc. 615 J B Hunt Corporate Drive Lowell, AR 72745 Ref No. 14-0106 Dear Mr. Cherry: This is a response to your May 30, 2014 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) with regard to placarding. Specifically, you request clarification on what constitutes substantially reduced placard visibility. In your email, you provide examples of damaged placards. As required by § 172.516(c)(6), each placard on a transport vehicle, bulk packaging, freight container or aircraft unit load device must be maintained by the carrier in a condition so that the format, legibility, color, and visibility of the placard will not be substantially reduced due to damage, deterioration, or obscurement by dirt or other matter. All are considered "substantially reduced" because for each example provided, the format has been substantially reduced. The format of the corrosive placard must be as shown in § 172.558. I hope this information is helpful. If you have any more questions, please do not hesitate to contact this office. Acting Chief, Standards Development Standards and Rulemaking Division#

Page 17Suchak 8172. 516 c6) Drakeford, Carolyn (PHMSA) Placarding Sent: From: INFOCNTR (PHMSA) Subiect: To: Friday, May 30, 2014 4:36 PM 14-0106 FW: Request letter of interpretation - 49 CFR 172.516 (c)(6) Drakeford, Carolyn (PHMSA) Hi Carolyn, This caller requested we submit this e-mail as a formal letter of interpretation. Thanks, Victoria Sent: Friday, May 30, 2014 9:25 AM From: James Cherry@jbhunt.com [mailto:James Cherry@jbhunt.com] To: INFOCNTR (PHMSA) Cc: HAZMAT@jbhunt.com Subject: Request letter of interpretation - 49 CFR 172.516 (c)(6) (6) Be maintained by the carrier in a condition so that the format, legibility, color, and visibility of the placard will not be substantially reduced obscurement by dirt or other matter; due to damage, deterioration, or To whom it may concern: I am looking for clarification on what constitutes "substantially reduced" visibility of the placard due to factors such as damage from road debris or weather. The way I train drivers is that any damage can interpreted as "substantial," and the DOT allows inspectors wide latitude in enforcing the regulation; drivers must inspect their placards regularly and repair or replace them if there is any visible damage. On the other hand, if a reasonable person can clearly perceive that it is a hazmat placard, determine the hazard class, etc the case can be made that the placard was provided by the shipper in without adversely impacting safety. good faith, affixed by the driver in good faith and that road damage caused the placard to get out-of-spec, non preventable, Example 1: CORROSIVE Example 2: fail RROSIVE 8 Example 3:#

Page 18CORROSIVE 8 Example 4: CORROSIV 8 Example 5: N3/ Example 6: CORROSIVE Thanks, James Cherry | Hazardous Materials Coordinator | Safety - Compliance J. B. HUNT 479.419.3838 (O) | 479.236.6792 (C) | 479.820.5723 (F) J.B. Hunt Transport, Inc. | What's your nextmove? ™ Single Source | Intermodal | Dedicated | Final Mile | Truckload | LTL | Refrigerated | Flatbed distribution of emails, attachments, or information therein is strictly prohibited Email from J.B. Hunt Transport, Inc. is considered confidential and for use by the intended recipient or entity only. Any unauthorized 2#

Page 19of Transportation J.S. Departmen Washington. DC 20590 1200 New Jersey Avenue SE Materials Safety Pipeline and Hazardous Administration JUL 0 9 2015 Ms. Michele A. Jacobs The Lane Construction Corporation 90 Fieldstone Court Chershire, CT 06410 Reference No. 15-0076 Dear Mr. Jacobs: This is in response to your April 17, 2015 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to placards. You ask what kind of damage would have to occur to a placard for it not to meet the placard specification in § 172.516. In your letter, you include a picture of a placard with a rivet hole and ask if it would be acceptable under § 172.516. The answer is yes. It is the opinion of this Office that the placard depicted in your letter would be acceptable under § 172.516. As required by § 172.516(c)(6), each placard on a transport vehicle, bulk packaging, freight container or aircraft unit load device must be maintained by the carrier in a condition so that the format, legibility, color, and visibility of the placard will not be substantially reduced due to damage, deterioration, or obscurement by dirt or other matter. The Pipeline and Hazardous Materials Safety Administration (PHMSA) cannot make a broad determination about what would be considered substantial damage to a placard. Therefore, PHMSA must consider whether the condition of a placard is still acceptable on a case-by-case basis. I hope this satisfies your request. Sincerely, lenn Taste T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 20Andrew's $/72,516(r)(6) sibly and display Dodd, Alice (PHMSA) aro From: 15-0076 Sent: Geller, Shelby CTR (PHMSA) To: Hazmat Interps Tuesday, April 21, 2015 3:47 PM Subject: Attachments: FW: Request for Letter of Interpretation - 49 CFR 172.516 (c)(6) April 17, 2015 Hazmat Letter of Interpretation 49 CFR 172.516 (c)(6) docx Dear Shante and Alice, Attached is a formal letter of interpretation. Ms Jacobs spoke with Victoria Lehman and was also given interpretation reference number 99-0025 and 14-0106. Thanks, Shelby From: Michele A. Jacobs [mailto:majacobs@laneconstruct.com] To: INFOCNTR (PHMSA) Sent: Tuesday, April 21, 2015 2:15 PM Subject: FW: Request for Letter of Interpretation - 49 CFR 172.516 (c)(6) Please see attached document for a request for a formal letter of interpretation of 49 CFR 172.516 (c)(6). Thank you, Michele A. Jacobs LANE Corporate Safety and Fleet Manager The Lane Construction Corporation 8205 Wilkinson Blvd. | Charlotte, NC 28214 M: MAJacobs@LaneConstruct.com 2: 704.395.3243 | &: 704.394.5354 | Cell: 704.201.1249 6 Point Focus Safety / Innovation / Continuous Improvement / Coach and Be Coachable / Execute with Excellence Live the Lane Values From: Michele A. Jacobs Sent: Friday, April 17, 2015 6:40 PM To: 'phmsa.webmaster@dot.gov' Subject: Request for Letter of Interpretation - 49 CFR 172.516 (c)(6) Please see attached document for a request for a letter of interpretation of 49 CFR 172.516 (c)(6). Thank you, Michele A. Jacobs 1#

Page 21LANE Corporate Safety and Fleet Manager The Lane Construction Corporation 8205 Wilkinson Blvd. | Charlotte, NC 28214 [x: MAJacobs@LaneConstruct.com Z: 704.395.3243 | S: 704.394.5354 | Cell: 704.201.1249 6 Point Focus Safety / Innovation / Continuous Improvement / Coach and Be Coachable / Execute with Excellence Live the Lane Values Note: This message is for the named person's use only. It may contain confidential, proprietary or legally privileged information. No confidentiality or privilege is waived or lost by any miss-transmission. If you receive this message in error, please immediately delete it and all copies of it from your system, destroy any ard copies of it and notify the sender. You must not, directly or indirectly, use, disclose, distribute, print, or opy any part of this message if you are not the intended recipient. LANE INDUSTRIES and any of its subsidiaries each reserve the right to monitor all e-mail communications through its networks. Any views expressed in this message are those of the individual sender, except where the message states otherwise and the sender is authorized to state them to be the views of any such entity. Thank You.#

Page 22LANE Office of Pipeline Safety Pipeline and Hazardous Material Safety Administration U.S. Department of Transportation 1200 New Jersey Avenue, SE East Building, 2nd Floor Washington, DC 20590 April 17, 2015 RE: Request - Letter of Interpretation - 49 CFR 172.516 (c)(6) To Whom It May Concern: I am looking for clarification on what constitutes "Placard Damaged/Deteriorated/Obscured per FMCSA 172.516 (c)(6). Would a scratch or pealed section the size of a small rivet head be considered damaged under 172.516? Would a slight tear or scratch around the perimeter or inside the placard be considered damaged? These conditions could occur from a rock hitting the placard during a normal route of driving on the road to a destination. Can you provide guidance to show when a placard is considered to NOT meet the standard that states "must be maintained by the carrier in a condition so that the format, legibility, color, and visibility of the placard will not be substantially reduced due to damage, deterioration, or obsurement by dirt or other matter". Does the 1993 placard pictured below meet the guidelines of 172.516(c)(6) and therefore would not be considered in violation? The area is a small circle just above the finger in the picture. 1993 3 The Lane Construction Corporation 90 Fieldstone Court Cheshire, CT 06410 USA T 203.235.3351 LaneConstruct.com An Equal Opportunity Employer M/F/D/V#

Page 23LANE We would greatly appreciate more definitive answers to these questions so that we can appropriately instruct our drivers as to what is considered damaged placards during our training sessions. We do keep extra placards in all of our hazmat vehicles, however, when a driver does not think there is damage that constitutes replacement and then receives a violation for a minor imperfection it is difficult to know how to proceed. In summary we are looking for guidance in determining the point at which damage to a placard constitutes replacement. Thank you very much for your time and we look forward to your response. Sincerely, Michele A. Jacobs LANE Corporate Safety and Fleet Manager The Lane Construction Corporation 8205 Wilkinson Blvd. | Charlotte, NC 28214 X: MAJacobs@LaneConstruct.com 2: 704.395.3243 | 2: 704.394.5354 | Cell: 704.201.1249 6 Point Focus Safety / Innovation / Continuous Improvement / Coach and Be Coachable / Execute with Excellence Live the Lane Values The Lane Construction Corporation 90 Fieldstone Court Cheshire, CT 06410 USA T 203.235.3351 LaneConstruct.com An Equal Opportunity Employer M/F/D/V#

Page 24Dodd, Alice (PHMSA) Sent: From: Geller, Shelby CTR (PHMSA) Tuesday, April 21, 2015 10:22 AM To: Hazmat Interps Subject: FW: Formal Letter of interpretation Dear Shante and Alice, Attached is a formal letter of interpretation request. Mr. McElhoe spoke with Jordan Rivera. His mailing address is: Scott McElhoe Northland Services Inc. 6700 W. Marginal Way SW Seattle, WA 98106 Thanks, Shelby From: Scott McElhoe [mailto:smcelhoe@Lynden.com] To: INFOCNTR (PHMSA) Sent: Wednesday, April 15, 2015 2:35 PM Subject: Formal Letter of interpretation Mailing addressed requested 4/16/2015 ta 12:57 pm Am I correct to interpret 49 CFR 176.410(e) that UN0332, Agent blasting Type E, 1.5D, II, may be stowed in the same freight container as UN1942, Ammonium nitrate, 5.1, III? If so, is segregation required between a freight container of UN0332 and a freight container of UN1942? Regards, Scott Me Elhoe, CSP Assistant General Manager Northland Services Inc. (206) 892-2788#

Page 25of Transportation U.S. Department 1200 New Jersey Avenue, SE. Washington, D.C. 20590 Materials Safety Pipeline and Hazardous Administration JUL 2 6 2016 Maureen Levy Poole SJ Transportation Co, Inc. 1176 US Route 40 PO Box 169 Woodstown, NJ 08098 Ref. No. 16-0035 Dear Ms. Poole: This responds to your March 3, 2016 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to placarding. You request clarification on what constitutes substantially reduced placard visibility, as provided in § 172.516. In your email, you provide an example of a placard that is partially obstructed by a placard holder and ask whether this is considered damaged. The answer is no. We do not consider the example placard provided to be damaged. However, we note that the picture you provided shows a placard that does not fit precisely in the placard holder, which appears to be designed according to the placard holder specifications in Appendix C to Part 172. The Dimensional Specifications for Recommended Placard Holder in Appendix C to Part 172 were originally adopted to be consistent with the larger minimum size requirements of 273 mm × 273 mm (or 10¾ in. × 10¾ in.) for placards prior to the publication of final rule HM-218F on July 20, 2011 [76 FR 43510]. The HM- 218F rule reduced the placard minimum size requirements to 250 mm x 250 mm (~ 9¾ in. x 9¾ in.) to harmonize with international standards. The horizontal cross members of the recommended placard holder do not obstruct or cover any of the essential design elements of the original larger minimum size placard (i.e., a 273 mm × 273 mm placard). Yet, if a placard is designed to the current minimum size requirements (i.e., a 250 mm × 250 mm placard), it would not fit precisely in a placard holder strictly designed to Appendix C standards. The specifications in Appendix C are not intended to be fixed and should be adjusted accordingly for consistency with the size of the placard it is intended to hold. Regardless of which size placard is affixed to a transport vehicle, the placard holder used should not obscure the format of the placard.#

Page 26As required by § 172.516(c)(6), each placard on a transport vehicle, bulk packaging, freight container or aircraft unit load device must be maintained by the carrier in a condition so that the format, legibility, color, and visibility of the placard will not be substantially reduced due to damage, deterioration, or obscurement (emphasis added) by dirt or other matter. I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely irk Der Kindere Chief, Standards Development Branch Standards and Rulemaking Division#

Page 27Accarone $172.5166)6) Dodd, Alice (PHMSA) Placarding From: Geller, Shelby CTR (PHMSA) 16-0035 Sent: To: Hazmat Interps Wednesday, March 02, 2016 3:46 PM Subject: FW: 49 CFR 172.516 (c)(6) Attachments: 0226160723-00.jpg Dear Shante and Alice, Forwarded is a request for a formal letter of interpretation. Ms Levy spoke with Jordan in the HMIC. Thanks, Shelby From: Maureen Levy [mailto:mlevy@sjtransportation.com] To: PHMSA HM InfoCenter Sent: Tuesday, March 01, 2016 1:28 PM Subject: 49 CFR 172.516 (c)(6) Good Afternoon, I am seeking to gain clarification of the placarding requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180. Specifically, clarification on what constitutes substantially reduced placard visibility, as referenced in § 172.516. Attached is an example of a placard. Can you please advise if this would be considered damaged? Thank you for your help with this matter. Safe Travels! Maureen Levy Poole Director of HR & Risk Management SJ Transportation Co, Inc. 1176 US Route 40 PO Box 169 Woodstown, NJ 08098 856-769-2741 ext. 125 ~ Phone 856-769-9811 ~ Fax www.sjtransportation.com ~ Website#

Page 28Mission Statement: Relentless pursuit to be the safest most respected transportation provider in North America/Canada; Delivering quality service and solutions that exceed our customers' & employees expectations 2#

Page 29Tank tended = be fled by 3264#

Page 30U.S. Department 1200 New Jersey Avenue, SE of Transportation Washington, D.C. 20590 Pipeline and Hazardous Administration Materials Safety SEP 2 4 2014 Mr. James Cherry J.B. Hunt Transport, Inc. 615 J B Hunt Corporate Drive Lowell, AR 72745 Ref No. 14-0106 Dear Mr. Cherry: This is a response to your May 30, 2014 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) with regard to placarding. Specifically, you request clarification on what constitutes substantially reduced placard visibility. In your email, you provide examples of damaged placards. As required by § 172.516(c)(6), each placard on a transport vehicle, bulk packaging, freight container or aircraft unit load device must be maintained by the carrier in a condition so that the format, legibility, color, and visibility of the placard will not be substantially reduced due to damage, deterioration, or obscurement by dirt or other matter. All are considered "substantially reduced" because for each example provided, the format has been substantially reduced. The format of the corrosive placard must be as shown in § 172.558. I hope this information is helpful. If you have any more questions, please do not hesitate to contact this office. Acting Chief, Standards Development Standards and Rulemaking Division#

Page 31Suchak 8172. 516 c6) Drakeford, Carolyn (PHMSA) Placarding Sent: From: INFOCNTR (PHMSA) Subiect: To: Friday, May 30, 2014 4:36 PM 14-0106 FW: Request letter of interpretation - 49 CFR 172.516 (c)(6) Drakeford, Carolyn (PHMSA) Hi Carolyn, This caller requested we submit this e-mail as a formal letter of interpretation. Thanks, Victoria Sent: Friday, May 30, 2014 9:25 AM From: James Cherry@jbhunt.com [mailto:James Cherry@jbhunt.com] To: INFOCNTR (PHMSA) Cc: HAZMAT@jbhunt.com Subject: Request letter of interpretation - 49 CFR 172.516 (c)(6) (6) Be maintained by the carrier in a condition so that the format, legibility, color, and visibility of the placard will not be substantially reduced obscurement by dirt or other matter; due to damage, deterioration, or To whom it may concern: I am looking for clarification on what constitutes "substantially reduced" visibility of the placard due to factors such as damage from road debris or weather. The way I train drivers is that any damage can interpreted as "substantial," and the DOT allows inspectors wide latitude in enforcing the regulation; drivers must inspect their placards regularly and repair or replace them if there is any visible damage. On the other hand, if a reasonable person can clearly perceive that it is a hazmat placard, determine the hazard class, etc the case can be made that the placard was provided by the shipper in without adversely impacting safety. good faith, affixed by the driver in good faith and that road damage caused the placard to get out-of-spec, non preventable, Example 1: CORROSIVE Example 2: fail RROSIVE 8 Example 3:#

Page 32CORROSIVE 8 Example 4: CORROSIV 8 Example 5: N3/ Example 6: CORROSIVE Thanks, James Cherry | Hazardous Materials Coordinator | Safety - Compliance J. B. HUNT 479.419.3838 (O) | 479.236.6792 (C) | 479.820.5723 (F) J.B. Hunt Transport, Inc. | What's your nextmove? ™ Single Source | Intermodal | Dedicated | Final Mile | Truckload | LTL | Refrigerated | Flatbed distribution of emails, attachments, or information therein is strictly prohibited Email from J.B. Hunt Transport, Inc. is considered confidential and for use by the intended recipient or entity only. Any unauthorized 2#