{"operation":"document","citation":"22-0015","title":"ICE Service Group & SPS Packaging Systems — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2022-08-11","effective_on":null,"summary":"22-0015 response to ICE Service Group & SPS Packaging Systems concerning 172.504, 172.516.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0015.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0015.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0015","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/76716/220015.pdf","body":"<<>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nAugust 11, 2022\nMr. Kurt Colborn\nICE Service Group & SPS Packaging Systems\n238 Moon Clinton Road, Suite 200\nMoon Township, PA 15108\nReference No. 22-0015\nDear Mr. Colborn:\nThis letter is in response to your February 23, 2022, 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 the placarding of rail cars. You provide a scenario\nand photograph in which four freight containers are placed end-to-end lengthwise on a single rail\ncar; however, only one of the four freight containers requires placarding. You state that the\nfreight container which requires placarding is placarded on both sides and both ends; however,\nboth ends are obstructed by the other freight containers in which it is interspersed. You ask\nwhether additional placards must be duplicated on both ends of the single rail car in such a\nconfiguration.\nThe answer to your question is no. Section 172.504 states that “…each bulk packaging, freight\ncontainer, unit load device, transport vehicle or rail car containing any quantity of a hazardous\nmaterial must be placarded on each side and each end….” In addition, § 172.516 states that\n“Each placard on a motor vehicle and each placard on a rail car must be clearly visible from the\ndirection it faces, except from the direction of another transport vehicle or rail car to which the\nmotor vehicle or rail car is coupled. This requirement may be met by the placards displayed on\nthe freight containers or portable tanks loaded on a motor vehicle or rail car.” It is the opinion of\nthis Office that for the configuration you describe, there is no need to duplicate additional\nplacards on both ends of the single rail car, since the placards which are currently present—\nalthough obstructed by the other freight containers on the single rail car—are facing in the\ndirection of other rail cars to which it is coupled.\n\n<<>>\n\nPlease note that the placards on both sides of the freight container or rail car must remain visible\nand unobstructed.\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<<>>\n\nWolcott\n22-0015\nFrom: INFOCNTR (PHMSA)\nTo: Hazmat Interps\nSubject: FW: Interpretation request, placarding\nDate: Friday, March 4, 2022 1:49:20 PM\nAttachments: DOT interpretation placards final.pdf\nSee attached/below request for interpretation.\nThanks,\nJonathon, HMIC\nFrom: Kurt Colborn \nSent: Wednesday, February 23, 2022 3:08 PM\nTo: INFOCNTR (PHMSA) \nSubject: FW: Interpretation request, placarding\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.\nDid not receive an auto reply, so I am resending.\nFrom: Kurt Colborn\nSent: Wednesday, February 23, 2022 1:34 PM\nTo: infocntr@dot.gov\nSubject: Interpretation request, placarding\nPlease find the attached interpretation request regarding the appropriate placarding of cargo\ncontainers on railcars.\nThank you,\nKurt Colborn\nCompliance and Quality Assurance\nI.C.E. Service Group & SPS Strategic Packaging Systems\n238 Moon-Clinton Road, Suite 200\nMoon Twp., PA 15108\nCell: 724-544-5815\n\n<<>>\n\nDirk Der Kinderen\nChief, Standards Development Branch\nU.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration\n1200 New Jersey Avenue, SE\nWashington, DC 20590 Via email: infocntr@dot.gov\nFebruary 23, 2021\nSUBJECT: Placarding Requirements for Arrangements of Bulk Containers on Railcars\nDear Mr. Der Kinderen,\nThe purpose of this letter is to request confirmation of our interpretation of the requirements of 49 CFR\n173.504 and 173.516. Specifically, this letter seeks concurrence that the placarding practice described\nherein meets the requirements of those and related sections.\nWe have occasion to offer freight containers (and/or bulk intermodal IP-1 containers) for rail\ntransportation. We understand that freight containers must be placarded on all four sides, and that the\nplacards on these containers may be used to meet the requirement for placarding the railcar. We also\nunderstand that placards on a railcar must be visible in transport, except in the direction of another\nrailcar.\nWe are addressing placard placement when several freight containers or bulk intermodal IP-1 containers\nare placed on a railcar end-to-end, but are themselves mixed with regard to placarding, with as few as\none container on the railcar requiring placards. Depending on the arrangement of containers (which is\nnot discretionary and is likely to be driven by center-of-gravity calculations), one or more placards on a\ncontainer will not be visible in the direction or adjacent railcars and containers. We maintain that this is\ncompliant with regulations, and that placarding the railcar is not required.\nIn our evaluation, we noted that placarding the ends of the railcar will not remedy the visibility issue\nwith the container, since (as the regulations indicate) the ends of the car are hidden from view by the\ncars they are coupled to. We also considered that full or partial (front and/or rear) placarding the railcar\nmight confuse inspectors of the loaded railcar, or confuse responders to an event where the\nunplacarded containers became separated from a placarded railcar.\nYour comments or concurrence with our approach to placard placement is requested. A photograph of\nthe proposed arrangement (one container, placarded on all 4 sides, on a railcar with 3 unplacarded\ncontainers) is provided below.\n238 Moon Clinton Rd | Suite 200 | Moon Township PA 15108 p 724.266.7580 www.iceservicegroup.com\nf 724.266.7583\n\n<<>>\n\nOur typical scenario is shipping Class 7 LSA Exclusive Use, using railcars and containers equipped with\nstandard intermodal locking devices. We would welcome a more general response with addresses other\nhazards, and truck shipments for containers and trailers also equipped with intermodal locking devices.\nIllustration: 2nd package from left is placarded on all 4 sides\nRespectfully submitted,\nKurt Colborn\nI.C.E. Service Group & SPS Strategic Packaging Systems\n238 Moon-Clinton Road, Suite 200\nMoon Twp., PA 15108\n724-544-5815\n238 Moon Clinton Rd | Suite 200 | Moon Township PA 15108 p 724.266.7580 www.iceservicegroup.com\nf 724.266.7583","truncated":false,"body_characters":6685}