{"operation":"document","citation":"25-0055","title":"Commercial Vehicle Safety Alliance — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2025-09-22","effective_on":null,"summary":"25-0055 response to Commercial Vehicle Safety Alliance concerning 172.407, 172.514, 173.150.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0055.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0055.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0055","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2025-12/250055.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nSeptember 22, 2025\nCollin B. Mooney, MPA, CAE\nExecutive Director\nCommercial Vehicle Safety Alliance\n99 M Street, SE, Suite 1025\nWashington, DC 20003\nReference No. 25-0055\nDear Mr. Mooney:\nThis letter is in response to your email requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to recent changes to the HMR regarding\nreduced-size combustible placards on intermediate bulk containers (IBCs) and portable tanks\n(see § 172.514(c)(1) and (c)(4)). You state that your organization has identified several issues\nregarding the changes made to this section and is requesting clarification on their scope and\nintent.\nWe have paraphrased and answered your questions as follows:\nQ1. Would it be acceptable to use a reduced-size placard that is not the exact same size as a\nlabel, but between the size of a label and a placard?\nA1. Yes. Paragraphs (c)(1) and (c)(4) in § 172.514 state that portable tanks and IBCs\ncontaining combustible liquids may be placarded with a combustible placard that meets\nthe label specifications for size in § 172.407(c). That section states that each label must\nbe at least (emphasis added) 100 mm (3.9 inches) on each side. This provision allows\nlabels to be more than 100 mm on each side. Therefore, a smaller sized placard that\nmeets the labeling provision in § 172.407(c) complies with the requirements in the HMR.\nQ2. You note that the HM-219D final rulea did not address the size requirements for United\nNations (UN) identification numbers on reduced sized placards. You ask if it is\nacceptable to use a combustible placard with the UN identification number printed on it\nas the reduced-size placard.\na 89 FR 15636 (Mar. 3, 2024)\n\n<<<PAGE 2>>>\n\nA2. Yes, as noted in A1, § 172.514(c)(1) and (c)(4) allow the use of a reduced-size placard\nthat meets the label size specifications (emphasis added) in 49 CFR § 172.407(c). This\nprovision permits placards that otherwise conform to all applicable parts of the HMR to\nbe reduced in size, based on the reasoning that labels were already permitted as an\nalternative to placards on portable tanks with a capacity of less than 1,000 gallons and\nIBCs.\nQ3. You note that HMR does not include a combustible liquid label and that a reduced-size\ncombustible placard could be the same size as a label, potentially leading to incorrectly\ncited roadside violations and unnecessary shipment delays. You ask why PHMSA did\nnot authorize a combustible label, with label specifications, into the regulations for IBCs\nand portable tanks.\nA3. In accordance with § 173.150(f)(2), the HMR does not apply to a material classed as a\ncombustible liquid in a non-bulk packaging unless the combustible liquid is a hazardous\nsubstance, a hazardous waste, or a marine pollutant. This means that, in many cases,\ncombustible liquids are only subject to HMR requirements when in bulk packaging,\nwhich typically require placards rather than labels. The use of the term “placard” was\npurposeful to avoid confusion between requirements for bulk packaging and those for\nnon-bulk packaging.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nAlexander Wolcott\nActing Chief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\n25-0055\nLarson\nPollack, Arthur (PHMSA)\nFrom: Adrienne Gildea <adrienne.gildea@cvsa.org>\nSent: Thursday, May 30, 2024 2:28 PM\nTo: Kelley, Shane (PHMSA)\nCc: Bill Reese; Collin Mooney\nSubject: Letter to PHMSA Requesting Clarification on Reduced Sized Combustible Placard\nAttachments: Letter to PHMSA Requesting Clarification on Reduced Sized Combustible Placard.pdf\nGood a ernoon Mr. Kelly,\nA ached, please find a le er reques ng clarifica on on the recent changes to the Hazardous Materials Regula ons\nregarding reduced-size combus ble placards on intermediate bulk containers and portable tanks.\nWe appreciate your considera on of this request.\nThank you,\nAdrienne\nAdrienne Gildea, CAE\nDeputy Execu ve Director\nadrienne.gildea@cvsa.org\nDirect: 202-998-1009\nMobile: 202-213-5890\n99 M Street, SE, Suite 1025\nWashington, DC 20003\nPhone: 202-998-1002\nwww.cvsa.org\n1\n\n<<<PAGE 4>>>\n\nMay 30, 2024\nMr. Shane Kelley\nDirector, Standards and Rulemaking Division (PHH-10)\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\n1200 New Jersey Ave. SE\nWashington, DC 20590\nRE: Clarification on the reduced-size combustible placards on intermediate bulk containers and portable\ntanks\nDear Director Kelley,\nOn March 4, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published its Adoption of\nMiscellaneous Petitions and Updating Regulatory Requirements Final Rule (Docket Number: PHMSA–2020–0102),\nmaking a series of changes to the Hazardous Materials Regulations. The final rule was effective April 3 with a\ndelayed compliance date of March 4, 2025. Included in the final rule were changes to § 172.514(c)(1) for portable\ntanks and § 172.514(c)(4) for intermediate bulk containers (IBCs). These changes to the regulations allow for a\nreduced-size combustible label to be used on portable tanks and IBCs. The reduced-size placards are allowed to\nbe the same size as a label. The Commercial Vehicle Safety Alliance (CVSA) identified several issues regarding the\nchanges and is requesting clarification on the scope and intent.\nCVSA is a nonprofit organization comprised of local, state, provincial, territorial and federal commercial motor\nvehicle safety officials and industry representatives. The Alliance aims to prevent commercial motor vehicle\ncrashes, injuries and fatalities and believes that collaboration between government and industry improves road\nsafety and saves lives. Our mission is to improve commercial motor vehicle safety and enforcement by providing\nguidance, education and advocacy for enforcement and industry across North America.\nRequest\nCVSA requests that PHMSA address the following questions regarding these new regulations for portable tanks\nand IBCs.\n1) Can the reduced-size placard be a size between a label (100 mm) and a placard (250 mm); for example, 175\nmm?\n\n<<<PAGE 5>>>\n\n2) Given that the final rule did not address identification (ID) numbers and the reduced-size ID numbers would\nnot meet the minimum size requirements, can a placard with a white bottom and ID number on it be reduced\nand the ID number left on the label?\n3) Currently, the regulations expressly state there is no combustible liquid label. However, this reduced-size\ncombustible placard is the size of a label, which will result in roadside violations being cited incorrectly and\nshipments being unnecessarily delayed. Why did PHMSA not authorize a combustible label for IBCs and\nportable tanks and add label specifications into the regulations?\nJustification\nAs noted above, the changes to the labeling and marking requirements for portable tanks and IBCs have resulted\nin confusion and the risk of inconsistent enforcement. CVSA has a cooperative agreement with the Federal Motor\nCarrier Safety Administration to provide required certification training for state and local law enforcement\nofficers in the proper procedures to conduct roadside inspections of commercial motor vehicles. The changes\nmade in the Adoption of Miscellaneous Petitions and Updating Regulatory Requirements Final Rule must be\nincorporated into the North American Standard Inspection certification training curriculum. To ensure the\nregulations are being enforced correctly and inspectors are receiving accurate training instruction regarding the\nrequirements for labeling and marking IBCs and portable tanks, CVSA is requesting answers to the questions\nabove. PHMSA’s guidance on this matter will ensure CVSA provides the correct guidance to the state and local\nofficials conducting roadside inspections.\nCVSA works to closely monitor, evaluate and identify potentially unsafe transportation processes and procedures\nas well as to help facilitate and implement best practices for enhancing safety on our roadways. Commercial\nmotor vehicle safety continues to be a challenge and we need the involvement of all affected parties to help us\nbetter understand these issues and put into place practical solutions. We appreciate the agency’s commitment\nto safety and stakeholder involvement.\nIf you have further questions or comments, please do not hesitate to contact me at 202-998-1008 or\ncollin.mooney@cvsa.org.\nRespectfully,\nCollin B. Mooney, MPA, CAE\nExecutive Director\nCommercial Vehicle Safety Alliance\n2","truncated":false,"body_characters":8674}