{"operation":"document","citation":"22-0069","title":"Senergy Petroleum — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2023-02-02","effective_on":null,"summary":"22-0069 response to Senergy Petroleum concerning 172.516.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0069.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0069.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0069","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/77326/220069.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nFebruary 1, 2023\nMr. Deven Hallen\nSafety and Health Manager\nSenergy Petroleum\n622 S. 56th Ave\nPhoenix, AZ 85043\nReference No. 22-0069\nDear Mr. Hallen:\nThis letter is in response to your May 23, 2022, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the visibility and display of\nplacards. Specifically, you request clarification of the requirement in § 172.516(c)(4) which\nstates that each placard on a transport vehicle, bulk packaging, freight container, or aircraft unit\nload device must be located away from any marking—such as advertising—that could\nsubstantially reduce its effectiveness, and in any case be at least three (3) inches (76.0 mm) away\nfrom such markings. In your email, you have included photographs which appear to show a tape\nmeasure being used to demonstrate the distance between your company’s name on the rear of the\ntruck-trailer and a placard. Further, you state that your company has received a violation of the\nHMR because it was determined that the placard was not at least three (3) inches away from your\ncompany’s name on the rear of the truck-trailer. You ask—based on the photographs you\nprovided in your email—whether the distance between your company’s name and the placard is\na violation of § 172.516(c)(4).\nThe intention of § 172.516(c)(4) is to limit the potential dilution of hazard communication by\nother markings not required by the HMR. Based on the photographs you provided in your email,\nit does not appear that there are three (3) inches between your company’s name and the placard\non the rear of the truck-trailer. However, it is the opinion of this Office that, in your scenario,\nbecause your company’s name does not cause substantial reduction in the effectiveness of the\nplacard, the provision pertaining to a required distance of 3 inches between your company’s\nname and a placard is not applicable.\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\nLarson\n22-0069\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nSubject: FW: 172.5176(c)(4) Interpretation\nDate: Friday, July 1, 2022 12:36:53 PM\nAttachments: 0566_001.pdf\nPhoto 2.pdf\nPhoto 3.pdf\nimage002.png\nHi Alice,\nPlease see the below interpretation request.\nLet us know if you need anything.\nRegards,\nJosh\nFrom: Approvals (PHMSA) <Approvals@dot.gov>\nSent: Monday, May 23, 2022 12:41 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: FW: 172.5176(c)(4) Interpretation\nCompleted by Josh at 12:33 PM on 7/1/22\n-left a vm saying that the interp request is being forwarded on\nNotes: (Please ignore this for the write up Alice)\n[6/6 12:06 PM] Denicoff, Joshua CTR (PHMSA)\ni could not find anything about his situation\n[6/6 12:06 PM] Denicoff, Joshua CTR (PHMSA)\nhe's asking about 172.516 c 4\n[6/6 12:07 PM] Denicoff, Joshua CTR (PHMSA)\nthe guy is asking whether the 3 inch requirement counts if the placard is raised\n[6/6 12:07 PM] Denicoff, Joshua CTR (PHMSA)\nbut i feel like it does still count\n[6/6 12:07 PM] Jones, Breanna CTR (PHMSA)\nOk, give me a moment to take a look at it.\n[6/6 12:19 PM] Jones, Breanna CTR (PHMSA)\nYes, this is a LOI, because our opinion on this would be interpretive.\nPlease see the attached interp request.\nDuane M. Cassidy\n\n<<<PAGE 3>>>\n\nChief, Pressure Vessels Branch (PHH-25)\nSciences and Engineering Division\nOffice of Hazardous Materials Safety\nUS Department of Transportation\nPipeline and Hazardous Materials Safety Administration\nE21-301, 1200 New Jersey Ave SE, Washington, DC 20590\nOffice: 202.366.5794 ◊ Mobile: 202.596.0583\nPHMSA Home | LinkedIn | Twitter | HAZMAT | OPS\nFrom: Deven Hallen <Deven.Hallen@gosenergy.com>\nSent: Monday, May 23, 2022 12:16 PM\nTo: Approvals (PHMSA) <Approvals@dot.gov>\nSubject: 172.5176(c)(4) Interpretation\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nPlease see my enclosed documents in regards to an interpretation of a violation we received.\nDeven Hallen | Safety & Health Manager\nDeven.Hallen@gosenergy.com | 480-721-4789\nFacebook\nLinkedIn\nInstagram\nYoutube\nSenergy Petroleum\n602-272-6795\n622 S. 56th Ave\nPhoenix, Az 85043\nGoSenergy.com\nConfidentiality Notice:\nThe information contained in this e-mail and any accompanying attachments is confidential and\nprotected from disclosure and is intended only for use by the person or entity to whom it is\naddressed. If you are not the intended recipient, any unauthorized use, disclosure, or copying of this\ne-mail and its contents is strictly prohibited and may be unlawful. If you are not the intended\nrecipient, please immediately notify the sender by return e-mail and delete the original message and\nall copies from your system.\n\n<<<PAGE 4>>>\n\nS\nSENERGY\nPETROLEUM\nPIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION\nU.S. Department of Transportation\n1200 New Jersey Avenue, SE\nWashington, DC 20590\n202-366-4433\nPlease except this letter as my request for an interpretation of 172.516(c)(4) (Visibility and Display of\nPlacards). Most importantly (Placard not located at least 3 inches away from advertising that could\nreduce its effectiveness.)\nNowhere does it specify if this is on a 2d plain or 3d plain. Many times, placards are at least 3\" away\nfrom a logo. They are not mounted on the same surface as the logo itself. Like in this case, this placard\nis mounted to the bumper making it 3\" away from the back of the tank. Although the cross\nmeasurement is just shy of 3\" the depth is more than 3\". This does not reduce the effectiveness of the\nplacard itself. There is no specific reference to the logo and the placard being on two completely\ndifferent mounting surfaces making up the 3\" distance.\nAlso, the measurement is being taken from the edge of the contrasting color of our logo and not the\nactual Trademarked colors of the logo themselves. Is the contrasting color of the logo included in this\nmeasurement? Or should this be exempt from the measurement point as on our white trailers the\nentire measurement would match.\nI'm looking for clarification on this.\nThank you,\nDeven Hallen\nSafety and Health Manager\nSenergy Petroleum\n480-721-4789\n622 S. 56th Ave\nPhoenix, AZ 85043\nDeven.Hallen@gosenergy.com\n1470 N HORNE STREET | GILBERT, ARIZONA 85233 | PH. (800) 964-0076 | GoSenergy.com\n\n<<<PAGE 5>>>\n\nIM\n0lo2o\nahlithhhhhhhh\nINCHES\nFT & IN\nPublished bu\n25FT\n\n<<<PAGE 6>>>\n\nSENERGY\nPETROLEUM\n1202\nLUM\n1202","truncated":false,"body_characters":6767}