{"operation":"document","citation":"21-0112","title":"Sheetz, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2022-01-26","effective_on":null,"summary":"21-0112 response to Sheetz, Inc. concerning 172.516.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0112.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0112.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0112","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/76236/210112.pdf","body":"<<>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nJanuary 26, 2022\nRoy Terwilliger\nSheetz, Inc.\n5700 6th Avenue\nAltoona, PA 16602\nReference No. 21-0112\nDear Mr. Terwilliger:\nThis letter is in response to your December 1, 2021, email and subsequent phone conversation\nwith a member of my staff requesting clarification of the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180) applicable to placarding. Specifically, you provided two\nphotographs of a “UN1203” placard displayed on the rear of a cargo tank motor vehicle and ask\nwhether it complies with § 172.516 because the white border on the lower left side of the placard\nis minimally obstructed by a yellow warning light from the direction it faces. You believe the\nplacard display is consistent with the visibility requirements of the HMR and prior clarification\nprovided in letters of interpretation (e.g., Ref. Nos. 14-0106, 15-0076, and 16-0035).\nBased on the photographs you provided, it is the opinion of this Office that the display of the\n“UN1203” placard complies with the regulations for visibility and display of placards in\n§ 172.516.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nBaker\n21-0112\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nSubject: FW: Placard Display Interpretation Requested 49 CFR 172.516(c)\nDate: Friday, December 17, 2021 11:48:50 AM\nAttachments: Exhibit 1.pdf\nExhibit 2.pdf\nExhibit 3.pdf\nDear Alice please see the below LOI request. The requestor has a different phone number that should\nbe used for this letter request. The number is: 336 830-6275.\nIf you have any questions, please do not hesitate to reach out.\nRegards,\nJosh, HMIC\nRoy Terwilliger \nSent: Wednesday, December 1, 2021 11:01 AM\nTo: INFOCNTR (PHMSA) \nSubject: Placard Display Interpretation Requested 49 CFR 172.516(c)\nINFOCNTR,\nWe are requesting an interpretation of a placard displayed below.\nBased upon past interpretations from PHMSA (Exhibit 1, Exhibit 2, and\nExhibit 3) attached for reference, we seek interpretation from PHMSA as\nto whether or not the placard displayed below (1203) is a violation of\n172.516(c); as being obstructed by the yellow warning work-light, shown\nat the 7’ o’clock position to the placard, to the point of being\n“substantially reduced” and thus a violation or is it consistent with past\nPHMSA interpretations.\n172.516(a) states that, “each placard on a motor vehicle and each\nplacard on a rail car must be clearly visible from the direction it\nfaces”. In our photos below of our trailer this is the view of the placard\nfrom the “direction it faces”.\n\n<<>>\n\n172.516(c)(6) states that placards “Be maintained by the carrier in a\ncondition so that the format, legibility, color and visibility of the placard\nwill not be “substantially reduced “due to damage, deterioration or\nobscurement by dirt or other matter.\n\n<<>>\n\nPHMSA INTERPRETATIONS:\nExhibit 1: PHMSA offered an interpretation to the question, “what\nconstitutes Placard Damaged/Deteriorated/Obscured per FMCSA\n172.516(c)(6)”. PHMSA’s response was that, in their opinion, the\nplacard would be acceptable under 172.516 despite a minor defect in\nthe placard; and emphasized that the carrier must maintain the placard\nin a condition so that the format, legibility, color and visibility of the\nplacard will not be substantially reduced due to damage, deterioration,\nor obscurement by dirt or other matter.”\nExhibit 2: PHMSA offered an interpretation regarding a placard that\nwas, by definition, not compliant with the manufacturing design standard\nof 49 CFR 172.542(b) due to an obstruction of the placard caused by\nthe placard holder. Yet, PHMSA once again ruled that despite the\nplacard being partially obstructed was compliant with 49 CFR\n172.516(c)(6) since the obstruction “did not obstruct or cover any of the\nessential design elements”.\nExhibit 3: PHMSA offered an interpretation regarding a placard that was\nin fact not compliant with the respective regulations, and held that the\nplacard was “substantially reduced” because the essential elements\nwere reduced significantly enough to be obscured and not meet the\noriginal manufacturing standard of 49 CFR 172.558.\nThank you for your consideration.\nRoy Terwilliger\nCLI Transport, LP\n5700 6TH AVE\nALTOONA, PA 16602\n(800) 582-0456\nrterwill@sheetz.com\n\n<<>>\n\nof Transportation\nJ.S. Departmen\nWashington. DC 20590\n1200 New Jersey Avenue SE\nMaterials Safety\nPipeline and Hazardous\nAdministration\nJUL 0 9 2015\nMs. Michele A. Jacobs\nThe Lane Construction Corporation\n90 Fieldstone Court\nChershire, CT 06410\nReference No. 15-0076\nDear Mr. Jacobs:\nThis is in response to your April 17, 2015 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to placards. You ask what\nkind of damage would have to occur to a placard for it not to meet the placard specification\nin § 172.516. In your letter, you include a picture of a placard with a rivet hole and ask if it\nwould be acceptable under § 172.516.\nThe answer is yes. It is the opinion of this Office that the placard depicted in your letter\nwould be acceptable under § 172.516. As required by § 172.516(c)(6), each placard on a\ntransport vehicle, bulk packaging, freight container or aircraft unit load device must be\nmaintained by the carrier in a condition so that the format, legibility, color, and visibility of\nthe placard will not be substantially reduced due to damage, deterioration, or obscurement by\ndirt or other matter. The Pipeline and Hazardous Materials Safety Administration (PHMSA)\ncannot make a broad determination about what would be considered substantial damage to a\nplacard. Therefore, PHMSA must consider whether the condition of a placard is still\nacceptable on a case-by-case basis.\nI hope this satisfies your request.\nSincerely,\nlenn Taste\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<>>\n\nAndrew's\n$/72,516(r)(6)\nsibly and display\nDodd, Alice (PHMSA)\naro\nFrom:\n15-0076\nSent:\nGeller, Shelby CTR (PHMSA)\nTo:\nHazmat Interps\nTuesday, April 21, 2015 3:47 PM\nSubject:\nAttachments:\nFW: Request for Letter of Interpretation - 49 CFR 172.516 (c)(6)\nApril 17, 2015 Hazmat Letter of Interpretation 49 CFR 172.516 (c)(6) docx\nDear Shante and Alice,\nAttached is a formal letter of interpretation. Ms Jacobs spoke with Victoria Lehman and was also given interpretation\nreference number 99-0025 and 14-0106.\nThanks,\nShelby\nFrom: Michele A. Jacobs [mailto:majacobs@laneconstruct.com]\nTo: INFOCNTR (PHMSA)\nSent: Tuesday, April 21, 2015 2:15 PM\nSubject: FW: Request for Letter of Interpretation - 49 CFR 172.516 (c)(6)\nPlease see attached document for a request for a formal letter of interpretation of 49 CFR 172.516 (c)(6).\nThank you,\nMichele A. Jacobs\nLANE\nCorporate Safety and Fleet Manager\nThe Lane Construction Corporation\n8205 Wilkinson Blvd. | Charlotte, NC 28214\nM: MAJacobs@LaneConstruct.com\n2: 704.395.3243 | &: 704.394.5354 | Cell: 704.201.1249\n6 Point Focus\nSafety / Innovation / Continuous Improvement / Coach and Be Coachable / Execute with Excellence\nLive the Lane Values\nFrom: Michele A. Jacobs\nSent: Friday, April 17, 2015 6:40 PM\nTo: 'phmsa.webmaster@dot.gov'\nSubject: Request for Letter of Interpretation - 49 CFR 172.516 (c)(6)\nPlease see attached document for a request for a letter of interpretation of 49 CFR 172.516 (c)(6).\nThank you,\nMichele A. Jacobs\n1\n\n<<>>\n\nLANE\nCorporate Safety and Fleet Manager\nThe Lane Construction Corporation\n8205 Wilkinson Blvd. | Charlotte, NC 28214\n[x: MAJacobs@LaneConstruct.com\nZ: 704.395.3243 | S: 704.394.5354 | Cell: 704.201.1249\n6 Point Focus\nSafety / Innovation / Continuous Improvement / Coach and Be Coachable / Execute with Excellence\nLive the Lane Values\nNote: This message is for the named person's use only. It may contain confidential, proprietary or legally\nprivileged information. No confidentiality or privilege is waived or lost by any miss-transmission. If you\nreceive this message in error, please immediately delete it and all copies of it from your system, destroy any\nard copies of it and notify the sender. You must not, directly or indirectly, use, disclose, distribute, print, or\nopy any part of this message if you are not the intended recipient. LANE INDUSTRIES and any of its\nsubsidiaries each reserve the right to monitor all e-mail communications through its networks. Any views\nexpressed in this message are those of the individual sender, except where the message states otherwise and the\nsender is authorized to state them to be the views of any such entity. Thank You.\n\n<<>>\n\nLANE\nOffice of Pipeline Safety\nPipeline and Hazardous Material Safety Administration\nU.S. Department of Transportation\n1200 New Jersey Avenue, SE\nEast Building, 2nd Floor\nWashington, DC 20590\nApril 17, 2015\nRE: Request - Letter of Interpretation - 49 CFR 172.516 (c)(6)\nTo Whom It May Concern:\nI am looking for clarification on what constitutes \"Placard Damaged/Deteriorated/Obscured\nper FMCSA 172.516 (c)(6). Would a scratch or pealed section the size of a small rivet head\nbe considered damaged under 172.516? Would a slight tear or scratch around the\nperimeter or inside the placard be considered damaged? These conditions could occur\nfrom a rock hitting the placard during a normal route of driving on the road to a destination.\nCan you provide guidance to show when a placard is considered to NOT meet the standard\nthat states \"must be maintained by the carrier in a condition so that the format, legibility,\ncolor, and visibility of the placard will not be substantially reduced due to damage,\ndeterioration, or obsurement by dirt or other matter\".\nDoes the 1993 placard pictured below meet the guidelines of 172.516(c)(6) and therefore\nwould not be considered in violation? The area is a small circle just above the finger in the\npicture.\n1993\n3\nThe Lane Construction Corporation\n90 Fieldstone Court Cheshire, CT 06410\nUSA T 203.235.3351\nLaneConstruct.com\nAn Equal Opportunity Employer M/F/D/V\n\n<<>>\n\nLANE\nWe would greatly appreciate more definitive answers to these questions so that we can\nappropriately instruct our drivers as to what is considered damaged placards during our\ntraining sessions.\nWe do keep extra placards in all of our hazmat vehicles, however, when a driver does not\nthink there is damage that constitutes replacement and then receives a violation for a\nminor imperfection it is difficult to know how to proceed. In summary we are looking for\nguidance in determining the point at which damage to a placard constitutes replacement.\nThank you very much for your time and we look forward to your response.\nSincerely,\nMichele A. Jacobs\nLANE\nCorporate Safety and Fleet Manager\nThe Lane Construction Corporation\n8205 Wilkinson Blvd. | Charlotte, NC 28214\nX: MAJacobs@LaneConstruct.com\n2: 704.395.3243 | 2: 704.394.5354 | Cell: 704.201.1249\n6 Point Focus\nSafety / Innovation / Continuous Improvement / Coach and Be Coachable / Execute with Excellence\nLive the Lane Values\nThe Lane Construction Corporation\n90 Fieldstone Court Cheshire, CT 06410 USA\nT 203.235.3351\nLaneConstruct.com\nAn Equal Opportunity Employer M/F/D/V\n\n<<>>\n\nDodd, Alice (PHMSA)\nSent:\nFrom:\nGeller, Shelby CTR (PHMSA)\nTuesday, April 21, 2015 10:22 AM\nTo:\nHazmat Interps\nSubject:\nFW: Formal Letter of interpretation\nDear Shante and Alice,\nAttached is a formal letter of interpretation request. Mr. McElhoe spoke with Jordan Rivera. His mailing address is:\nScott McElhoe\nNorthland Services Inc.\n6700 W. Marginal Way SW\nSeattle, WA 98106\nThanks,\nShelby\nFrom: Scott McElhoe [mailto:smcelhoe@Lynden.com]\nTo: INFOCNTR (PHMSA)\nSent: Wednesday, April 15, 2015 2:35 PM\nSubject: Formal Letter of interpretation\nMailing addressed requested 4/16/2015 ta 12:57 pm\nAm I correct to interpret 49 CFR 176.410(e) that UN0332, Agent blasting Type E, 1.5D, II, may be stowed in the same\nfreight container as UN1942, Ammonium nitrate, 5.1, III? If so, is segregation required between a freight container of\nUN0332 and a freight container of UN1942?\nRegards,\nScott Me Elhoe, CSP\nAssistant General Manager\nNorthland Services Inc.\n(206) 892-2788\n\n<<>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE.\nWashington, D.C. 20590\nMaterials Safety\nPipeline and Hazardous\nAdministration\nJUL 2 6 2016\nMaureen Levy Poole\nSJ Transportation Co, Inc.\n1176 US Route 40 PO Box 169\nWoodstown, NJ 08098\nRef. No. 16-0035\nDear Ms. Poole:\nThis responds to your March 3, 2016 email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to placarding. You request\nclarification on what constitutes substantially reduced placard visibility, as provided in\n§ 172.516. In your email, you provide an example of a placard that is partially obstructed by\na placard holder and ask whether this is considered damaged.\nThe answer is no. We do not consider the example placard provided to be damaged.\nHowever, we note that the picture you provided shows a placard that does not fit precisely in\nthe placard holder, which appears to be designed according to the placard holder\nspecifications in Appendix C to Part 172. The Dimensional Specifications for Recommended\nPlacard Holder in Appendix C to Part 172 were originally adopted to be consistent with the\nlarger minimum size requirements of 273 mm × 273 mm (or 10¾ in. × 10¾ in.) for placards\nprior to the publication of final rule HM-218F on July 20, 2011 [76 FR 43510]. The HM-\n218F rule reduced the placard minimum size requirements to 250 mm x 250 mm (~ 9¾ in. x\n9¾ in.) to harmonize with international standards.\nThe horizontal cross members of the recommended placard holder do not obstruct or cover\nany of the essential design elements of the original larger minimum size placard (i.e., a 273\nmm × 273 mm placard). Yet, if a placard is designed to the current minimum size\nrequirements (i.e., a 250 mm × 250 mm placard), it would not fit precisely in a placard holder\nstrictly designed to Appendix C standards. The specifications in Appendix C are not intended\nto be fixed and should be adjusted accordingly for consistency with the size of the placard it is\nintended to hold.\nRegardless of which size placard is affixed to a transport vehicle, the placard holder used\nshould not obscure the format of the placard.\n\n<<>>\n\nAs required by § 172.516(c)(6), each placard on a transport vehicle, bulk packaging, freight\ncontainer or aircraft unit load device must be maintained by the carrier in a condition so that the\nformat, legibility, color, and visibility of the placard will not be substantially reduced due to\ndamage, deterioration, or obscurement (emphasis added) by dirt or other matter.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely\nirk Der Kindere\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nAccarone\n$172.5166)6)\nDodd, Alice (PHMSA)\nPlacarding\nFrom:\nGeller, Shelby CTR (PHMSA)\n16-0035\nSent:\nTo:\nHazmat Interps\nWednesday, March 02, 2016 3:46 PM\nSubject:\nFW: 49 CFR 172.516 (c)(6)\nAttachments:\n0226160723-00.jpg\nDear Shante and Alice,\nForwarded is a request for a formal letter of interpretation. Ms Levy spoke with Jordan in the HMIC.\nThanks,\nShelby\nFrom: Maureen Levy [mailto:mlevy@sjtransportation.com]\nTo: PHMSA HM InfoCenter\nSent: Tuesday, March 01, 2016 1:28 PM\nSubject: 49 CFR 172.516 (c)(6)\nGood Afternoon,\nI am seeking to gain clarification of the placarding requirements under the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180. Specifically, clarification on what constitutes substantially\nreduced placard visibility, as referenced in § 172.516.\nAttached is an example of a placard. Can you please advise if this would be considered\ndamaged? Thank you for your help with this matter.\nSafe Travels!\nMaureen Levy Poole\nDirector of HR & Risk Management\nSJ Transportation Co, Inc.\n1176 US Route 40\nPO Box 169\nWoodstown, NJ 08098\n856-769-2741 ext. 125 ~ Phone\n856-769-9811 ~ Fax\nwww.sjtransportation.com ~ Website\n\n<<>>\n\nMission Statement: Relentless pursuit to be the safest most respected transportation provider in\nNorth America/Canada; Delivering quality service and solutions that exceed our customers' &\nemployees expectations\n2\n\n<<>>\n\nTank tended\n= be fled by\n3264\n\n<<>>\n\nU.S. Department\n1200 New Jersey Avenue, SE\nof Transportation\nWashington, D.C. 20590\nPipeline and Hazardous\nAdministration\nMaterials Safety\nSEP 2 4 2014\nMr. James Cherry\nJ.B. Hunt Transport, Inc.\n615 J B Hunt Corporate Drive\nLowell, AR 72745\nRef No. 14-0106\nDear Mr. Cherry:\nThis is a response to your May 30, 2014 email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) with regard to placarding. Specifically,\nyou request clarification on what constitutes substantially reduced placard visibility.\nIn your email, you provide examples of damaged placards. As required by § 172.516(c)(6),\neach placard on a transport vehicle, bulk packaging, freight container or aircraft unit load\ndevice must be maintained by the carrier in a condition so that the format, legibility, color,\nand visibility of the placard will not be substantially reduced due to damage, deterioration, or\nobscurement by dirt or other matter.\nAll are considered \"substantially reduced\" because for each example provided, the format has\nbeen substantially reduced. The format of the corrosive placard must be as shown in\n§ 172.558.\nI hope this information is helpful. If you have any more questions, please do not hesitate to\ncontact this office.\nActing Chief, Standards Development\nStandards and Rulemaking Division\n\n<<>>\n\nSuchak\n8172. 516 c6)\nDrakeford, Carolyn (PHMSA)\nPlacarding\nSent:\nFrom:\nINFOCNTR (PHMSA)\nSubiect:\nTo:\nFriday, May 30, 2014 4:36 PM\n14-0106\nFW: Request letter of interpretation - 49 CFR 172.516 (c)(6)\nDrakeford, Carolyn (PHMSA)\nHi Carolyn,\nThis caller requested we submit this e-mail as a formal letter of interpretation.\nThanks,\nVictoria\nSent: Friday, May 30, 2014 9:25 AM\nFrom: James Cherry@jbhunt.com [mailto:James Cherry@jbhunt.com]\nTo: INFOCNTR (PHMSA)\nCc: HAZMAT@jbhunt.com\nSubject: Request letter of interpretation - 49 CFR 172.516 (c)(6)\n(6) Be maintained by the carrier in a\ncondition so that the format, legibility,\ncolor, and visibility of the\nplacard will not be substantially reduced\nobscurement by dirt or other matter;\ndue to damage, deterioration, or\nTo whom it may concern:\nI am looking for clarification on what constitutes \"substantially reduced\" visibility of the placard due to factors such as\ndamage from road debris or weather. The way I train drivers is that any damage can interpreted as \"substantial,\" and the\nDOT allows inspectors wide latitude in enforcing the regulation; drivers must inspect their placards regularly and repair or\nreplace them if there is any visible damage. On the other hand, if a reasonable person can clearly perceive that it is a\nhazmat placard, determine the hazard class, etc the case can be made that the placard was provided by the shipper in\nwithout adversely impacting safety.\ngood faith, affixed by the driver in good faith and that road damage caused the placard to get out-of-spec, non preventable,\nExample 1:\nCORROSIVE\nExample 2:\nfail\nRROSIVE\n8\nExample 3:\n\n<<>>\n\nCORROSIVE\n8\nExample 4:\nCORROSIV\n8\nExample 5:\nN3/\nExample 6:\nCORROSIVE\nThanks,\nJames Cherry | Hazardous Materials Coordinator | Safety - Compliance\nJ. B. HUNT\n479.419.3838 (O) | 479.236.6792 (C) | 479.820.5723 (F)\nJ.B. Hunt Transport, Inc. | What's your nextmove? ™\nSingle Source | Intermodal | Dedicated | Final Mile | Truckload | LTL | Refrigerated | Flatbed\ndistribution of emails, attachments, or information therein is strictly prohibited\nEmail from J.B. Hunt Transport, Inc. is considered confidential and for use by the intended recipient or entity only. Any unauthorized\n2\n\n<<>>\n\nof Transportation\nJ.S. Departmen\nWashington. DC 20590\n1200 New Jersey Avenue SE\nMaterials Safety\nPipeline and Hazardous\nAdministration\nJUL 0 9 2015\nMs. Michele A. Jacobs\nThe Lane Construction Corporation\n90 Fieldstone Court\nChershire, CT 06410\nReference No. 15-0076\nDear Mr. Jacobs:\nThis is in response to your April 17, 2015 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to placards. You ask what\nkind of damage would have to occur to a placard for it not to meet the placard specification\nin § 172.516. In your letter, you include a picture of a placard with a rivet hole and ask if it\nwould be acceptable under § 172.516.\nThe answer is yes. It is the opinion of this Office that the placard depicted in your letter\nwould be acceptable under § 172.516. As required by § 172.516(c)(6), each placard on a\ntransport vehicle, bulk packaging, freight container or aircraft unit load device must be\nmaintained by the carrier in a condition so that the format, legibility, color, and visibility of\nthe placard will not be substantially reduced due to damage, deterioration, or obscurement by\ndirt or other matter. The Pipeline and Hazardous Materials Safety Administration (PHMSA)\ncannot make a broad determination about what would be considered substantial damage to a\nplacard. Therefore, PHMSA must consider whether the condition of a placard is still\nacceptable on a case-by-case basis.\nI hope this satisfies your request.\nSincerely,\nlenn Taste\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<>>\n\nAndrew's\n$/72,516(r)(6)\nsibly and display\nDodd, Alice (PHMSA)\naro\nFrom:\n15-0076\nSent:\nGeller, Shelby CTR (PHMSA)\nTo:\nHazmat Interps\nTuesday, April 21, 2015 3:47 PM\nSubject:\nAttachments:\nFW: Request for Letter of Interpretation - 49 CFR 172.516 (c)(6)\nApril 17, 2015 Hazmat Letter of Interpretation 49 CFR 172.516 (c)(6) docx\nDear Shante and Alice,\nAttached is a formal letter of interpretation. Ms Jacobs spoke with Victoria Lehman and was also given interpretation\nreference number 99-0025 and 14-0106.\nThanks,\nShelby\nFrom: Michele A. Jacobs [mailto:majacobs@laneconstruct.com]\nTo: INFOCNTR (PHMSA)\nSent: Tuesday, April 21, 2015 2:15 PM\nSubject: FW: Request for Letter of Interpretation - 49 CFR 172.516 (c)(6)\nPlease see attached document for a request for a formal letter of interpretation of 49 CFR 172.516 (c)(6).\nThank you,\nMichele A. Jacobs\nLANE\nCorporate Safety and Fleet Manager\nThe Lane Construction Corporation\n8205 Wilkinson Blvd. | Charlotte, NC 28214\nM: MAJacobs@LaneConstruct.com\n2: 704.395.3243 | &: 704.394.5354 | Cell: 704.201.1249\n6 Point Focus\nSafety / Innovation / Continuous Improvement / Coach and Be Coachable / Execute with Excellence\nLive the Lane Values\nFrom: Michele A. Jacobs\nSent: Friday, April 17, 2015 6:40 PM\nTo: 'phmsa.webmaster@dot.gov'\nSubject: Request for Letter of Interpretation - 49 CFR 172.516 (c)(6)\nPlease see attached document for a request for a letter of interpretation of 49 CFR 172.516 (c)(6).\nThank you,\nMichele A. Jacobs\n1\n\n<<>>\n\nLANE\nCorporate Safety and Fleet Manager\nThe Lane Construction Corporation\n8205 Wilkinson Blvd. | Charlotte, NC 28214\n[x: MAJacobs@LaneConstruct.com\nZ: 704.395.3243 | S: 704.394.5354 | Cell: 704.201.1249\n6 Point Focus\nSafety / Innovation / Continuous Improvement / Coach and Be Coachable / Execute with Excellence\nLive the Lane Values\nNote: This message is for the named person's use only. It may contain confidential, proprietary or legally\nprivileged information. No confidentiality or privilege is waived or lost by any miss-transmission. If you\nreceive this message in error, please immediately delete it and all copies of it from your system, destroy any\nard copies of it and notify the sender. You must not, directly or indirectly, use, disclose, distribute, print, or\nopy any part of this message if you are not the intended recipient. LANE INDUSTRIES and any of its\nsubsidiaries each reserve the right to monitor all e-mail communications through its networks. Any views\nexpressed in this message are those of the individual sender, except where the message states otherwise and the\nsender is authorized to state them to be the views of any such entity. Thank You.\n\n<<>>\n\nLANE\nOffice of Pipeline Safety\nPipeline and Hazardous Material Safety Administration\nU.S. Department of Transportation\n1200 New Jersey Avenue, SE\nEast Building, 2nd Floor\nWashington, DC 20590\nApril 17, 2015\nRE: Request - Letter of Interpretation - 49 CFR 172.516 (c)(6)\nTo Whom It May Concern:\nI am looking for clarification on what constitutes \"Placard Damaged/Deteriorated/Obscured\nper FMCSA 172.516 (c)(6). Would a scratch or pealed section the size of a small rivet head\nbe considered damaged under 172.516? Would a slight tear or scratch around the\nperimeter or inside the placard be considered damaged? These conditions could occur\nfrom a rock hitting the placard during a normal route of driving on the road to a destination.\nCan you provide guidance to show when a placard is considered to NOT meet the standard\nthat states \"must be maintained by the carrier in a condition so that the format, legibility,\ncolor, and visibility of the placard will not be substantially reduced due to damage,\ndeterioration, or obsurement by dirt or other matter\".\nDoes the 1993 placard pictured below meet the guidelines of 172.516(c)(6) and therefore\nwould not be considered in violation? The area is a small circle just above the finger in the\npicture.\n1993\n3\nThe Lane Construction Corporation\n90 Fieldstone Court Cheshire, CT 06410\nUSA T 203.235.3351\nLaneConstruct.com\nAn Equal Opportunity Employer M/F/D/V\n\n<<>>\n\nLANE\nWe would greatly appreciate more definitive answers to these questions so that we can\nappropriately instruct our drivers as to what is considered damaged placards during our\ntraining sessions.\nWe do keep extra placards in all of our hazmat vehicles, however, when a driver does not\nthink there is damage that constitutes replacement and then receives a violation for a\nminor imperfection it is difficult to know how to proceed. In summary we are looking for\nguidance in determining the point at which damage to a placard constitutes replacement.\nThank you very much for your time and we look forward to your response.\nSincerely,\nMichele A. Jacobs\nLANE\nCorporate Safety and Fleet Manager\nThe Lane Construction Corporation\n8205 Wilkinson Blvd. | Charlotte, NC 28214\nX: MAJacobs@LaneConstruct.com\n2: 704.395.3243 | 2: 704.394.5354 | Cell: 704.201.1249\n6 Point Focus\nSafety / Innovation / Continuous Improvement / Coach and Be Coachable / Execute with Excellence\nLive the Lane Values\nThe Lane Construction Corporation\n90 Fieldstone Court Cheshire, CT 06410 USA\nT 203.235.3351\nLaneConstruct.com\nAn Equal Opportunity Employer M/F/D/V\n\n<<>>\n\nDodd, Alice (PHMSA)\nSent:\nFrom:\nGeller, Shelby CTR (PHMSA)\nTuesday, April 21, 2015 10:22 AM\nTo:\nHazmat Interps\nSubject:\nFW: Formal Letter of interpretation\nDear Shante and Alice,\nAttached is a formal letter of interpretation request. Mr. McElhoe spoke with Jordan Rivera. His mailing address is:\nScott McElhoe\nNorthland Services Inc.\n6700 W. Marginal Way SW\nSeattle, WA 98106\nThanks,\nShelby\nFrom: Scott McElhoe [mailto:smcelhoe@Lynden.com]\nTo: INFOCNTR (PHMSA)\nSent: Wednesday, April 15, 2015 2:35 PM\nSubject: Formal Letter of interpretation\nMailing addressed requested 4/16/2015 ta 12:57 pm\nAm I correct to interpret 49 CFR 176.410(e) that UN0332, Agent blasting Type E, 1.5D, II, may be stowed in the same\nfreight container as UN1942, Ammonium nitrate, 5.1, III? If so, is segregation required between a freight container of\nUN0332 and a freight container of UN1942?\nRegards,\nScott Me Elhoe, CSP\nAssistant General Manager\nNorthland Services Inc.\n(206) 892-2788\n\n<<>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE.\nWashington, D.C. 20590\nMaterials Safety\nPipeline and Hazardous\nAdministration\nJUL 2 6 2016\nMaureen Levy Poole\nSJ Transportation Co, Inc.\n1176 US Route 40 PO Box 169\nWoodstown, NJ 08098\nRef. No. 16-0035\nDear Ms. Poole:\nThis responds to your March 3, 2016 email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to placarding. You request\nclarification on what constitutes substantially reduced placard visibility, as provided in\n§ 172.516. In your email, you provide an example of a placard that is partially obstructed by\na placard holder and ask whether this is considered damaged.\nThe answer is no. We do not consider the example placard provided to be damaged.\nHowever, we note that the picture you provided shows a placard that does not fit precisely in\nthe placard holder, which appears to be designed according to the placard holder\nspecifications in Appendix C to Part 172. The Dimensional Specifications for Recommended\nPlacard Holder in Appendix C to Part 172 were originally adopted to be consistent with the\nlarger minimum size requirements of 273 mm × 273 mm (or 10¾ in. × 10¾ in.) for placards\nprior to the publication of final rule HM-218F on July 20, 2011 [76 FR 43510]. The HM-\n218F rule reduced the placard minimum size requirements to 250 mm x 250 mm (~ 9¾ in. x\n9¾ in.) to harmonize with international standards.\nThe horizontal cross members of the recommended placard holder do not obstruct or cover\nany of the essential design elements of the original larger minimum size placard (i.e., a 273\nmm × 273 mm placard). Yet, if a placard is designed to the current minimum size\nrequirements (i.e., a 250 mm × 250 mm placard), it would not fit precisely in a placard holder\nstrictly designed to Appendix C standards. The specifications in Appendix C are not intended\nto be fixed and should be adjusted accordingly for consistency with the size of the placard it is\nintended to hold.\nRegardless of which size placard is affixed to a transport vehicle, the placard holder used\nshould not obscure the format of the placard.\n\n<<>>\n\nAs required by § 172.516(c)(6), each placard on a transport vehicle, bulk packaging, freight\ncontainer or aircraft unit load device must be maintained by the carrier in a condition so that the\nformat, legibility, color, and visibility of the placard will not be substantially reduced due to\ndamage, deterioration, or obscurement (emphasis added) by dirt or other matter.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely\nirk Der Kindere\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nAccarone\n$172.5166)6)\nDodd, Alice (PHMSA)\nPlacarding\nFrom:\nGeller, Shelby CTR (PHMSA)\n16-0035\nSent:\nTo:\nHazmat Interps\nWednesday, March 02, 2016 3:46 PM\nSubject:\nFW: 49 CFR 172.516 (c)(6)\nAttachments:\n0226160723-00.jpg\nDear Shante and Alice,\nForwarded is a request for a formal letter of interpretation. Ms Levy spoke with Jordan in the HMIC.\nThanks,\nShelby\nFrom: Maureen Levy [mailto:mlevy@sjtransportation.com]\nTo: PHMSA HM InfoCenter\nSent: Tuesday, March 01, 2016 1:28 PM\nSubject: 49 CFR 172.516 (c)(6)\nGood Afternoon,\nI am seeking to gain clarification of the placarding requirements under the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180. Specifically, clarification on what constitutes substantially\nreduced placard visibility, as referenced in § 172.516.\nAttached is an example of a placard. Can you please advise if this would be considered\ndamaged? Thank you for your help with this matter.\nSafe Travels!\nMaureen Levy Poole\nDirector of HR & Risk Management\nSJ Transportation Co, Inc.\n1176 US Route 40\nPO Box 169\nWoodstown, NJ 08098\n856-769-2741 ext. 125 ~ Phone\n856-769-9811 ~ Fax\nwww.sjtransportation.com ~ Website\n\n<<>>\n\nMission Statement: Relentless pursuit to be the safest most respected transportation provider in\nNorth America/Canada; Delivering quality service and solutions that exceed our customers' &\nemployees expectations\n2\n\n<<>>\n\nTank tended\n= be fled by\n3264\n\n<<>>\n\nU.S. Department\n1200 New Jersey Avenue, SE\nof Transportation\nWashington, D.C. 20590\nPipeline and Hazardous\nAdministration\nMaterials Safety\nSEP 2 4 2014\nMr. James Cherry\nJ.B. Hunt Transport, Inc.\n615 J B Hunt Corporate Drive\nLowell, AR 72745\nRef No. 14-0106\nDear Mr. Cherry:\nThis is a response to your May 30, 2014 email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) with regard to placarding. Specifically,\nyou request clarification on what constitutes substantially reduced placard visibility.\nIn your email, you provide examples of damaged placards. As required by § 172.516(c)(6),\neach placard on a transport vehicle, bulk packaging, freight container or aircraft unit load\ndevice must be maintained by the carrier in a condition so that the format, legibility, color,\nand visibility of the placard will not be substantially reduced due to damage, deterioration, or\nobscurement by dirt or other matter.\nAll are considered \"substantially reduced\" because for each example provided, the format has\nbeen substantially reduced. The format of the corrosive placard must be as shown in\n§ 172.558.\nI hope this information is helpful. If you have any more questions, please do not hesitate to\ncontact this office.\nActing Chief, Standards Development\nStandards and Rulemaking Division\n\n<<>>\n\nSuchak\n8172. 516 c6)\nDrakeford, Carolyn (PHMSA)\nPlacarding\nSent:\nFrom:\nINFOCNTR (PHMSA)\nSubiect:\nTo:\nFriday, May 30, 2014 4:36 PM\n14-0106\nFW: Request letter of interpretation - 49 CFR 172.516 (c)(6)\nDrakeford, Carolyn (PHMSA)\nHi Carolyn,\nThis caller requested we submit this e-mail as a formal letter of interpretation.\nThanks,\nVictoria\nSent: Friday, May 30, 2014 9:25 AM\nFrom: James Cherry@jbhunt.com [mailto:James Cherry@jbhunt.com]\nTo: INFOCNTR (PHMSA)\nCc: HAZMAT@jbhunt.com\nSubject: Request letter of interpretation - 49 CFR 172.516 (c)(6)\n(6) Be maintained by the carrier in a\ncondition so that the format, legibility,\ncolor, and visibility of the\nplacard will not be substantially reduced\nobscurement by dirt or other matter;\ndue to damage, deterioration, or\nTo whom it may concern:\nI am looking for clarification on what constitutes \"substantially reduced\" visibility of the placard due to factors such as\ndamage from road debris or weather. The way I train drivers is that any damage can interpreted as \"substantial,\" and the\nDOT allows inspectors wide latitude in enforcing the regulation; drivers must inspect their placards regularly and repair or\nreplace them if there is any visible damage. On the other hand, if a reasonable person can clearly perceive that it is a\nhazmat placard, determine the hazard class, etc the case can be made that the placard was provided by the shipper in\nwithout adversely impacting safety.\ngood faith, affixed by the driver in good faith and that road damage caused the placard to get out-of-spec, non preventable,\nExample 1:\nCORROSIVE\nExample 2:\nfail\nRROSIVE\n8\nExample 3:\n\n<<>>\n\nCORROSIVE\n8\nExample 4:\nCORROSIV\n8\nExample 5:\nN3/\nExample 6:\nCORROSIVE\nThanks,\nJames Cherry | Hazardous Materials Coordinator | Safety - Compliance\nJ. B. HUNT\n479.419.3838 (O) | 479.236.6792 (C) | 479.820.5723 (F)\nJ.B. Hunt Transport, Inc. | What's your nextmove? ™\nSingle Source | Intermodal | Dedicated | Final Mile | Truckload | LTL | Refrigerated | Flatbed\ndistribution of emails, attachments, or information therein is strictly prohibited\nEmail from J.B. Hunt Transport, Inc. is considered confidential and for use by the intended recipient or entity only. Any unauthorized\n2","truncated":false,"body_characters":35741}