Mr. Mark R. Maki — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 400 Seventh Street, S.W. 20590 Special Programs Research and Administration JUL 2 1999 Mr. Mark R. Maki Ref. No. 99-0046 626 N. Way Street Barberton, OH 44203 Dear Mr. Maki: This is in response to your letter dated February 5, 1999, regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your questions are paraphrased and answered as follows: Q1. May a vehicle transport hazardous material on private property without displaying placards? Al. As specified in § 171.1, the HMR govern the safe transportation of hazardous material in intrastate, interstate, and foreign commerce. Vehicles containing hazardous materials that are moved on private property are not subject to the HMR (including placarding). Q2. May a vehicle which contains no hazardous material display placards when moved on private property? A2. Same answer as Al. Q3.. When must placards be applied to and removed from a motor vehicle? A3. The HMR do not specify when placards must be applied to or removed from a motor vehicle. However, under § 172.506 (a). each person offering a motor carrier a hazardous material for transportation shall provide to the motor carrier the required placards for the material being offered prior to or at the same time the material is offered for transportation. In addition, no motor carrier may transport a hazardous material in a motor vehicle, unless the placards required for the hazardous material are affixed thereto. 990046#

Page 2You should also be aware that the Occupational Safety and Health Administration (OSHA) of the Department of Labor requires an employer to retain all hazardous materials markings, labels and placards on incoming packages, freight containers, rail freight cars, motor vehicles and transport vehicles containing hazardous materials, until the material is sufficiently removed from the package, container or vehicle to prevent any potential hazard (29 CFR 1910.1201) • I hope this satisfies your request. Sincerely, Shin Has allings Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards#

Page 3Mark R. Maki Barberton, Ohio 44203 626 N. Way Street BAH Home Phone 330-745-7607 3172.504 171:1 February OS, 1999 99-0046 Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards U.S. DOT/RSPA (DHM-10) 400 7th Street S.W. Washington, D.C. 20590-0001 Dear Mr. Mazzullo, motor vehicles requiring placards. I have previously addressed this issue with my company's safety department and I am interested in learning the specific regulations and/or interpretations relating to the placarding of commercial was unable to obtain any tangible information. ready and this time are offered the manifests and bills of lading. The vehicles at this point are positioned on what is I am employed by a common carrier. When myself and others report to work we are called upon when our units are referred to as the "ready line," which is an area of the yard at the terminal where drivers are able to inspect the vehicle to assure that it is in compliance with the Federal Motor Carrier Safety Regulations prior to transport. It is a regular occurrence upon this inspection that vehicles laden with hazardous materials requiring placards are discovered not to placards on the transport vehicle that contain no hazardous materials at all. In the very least this appears to be a have the corresponding placards affixed to them. To a lesser degree, myself and others have also experienced finding significant failure in communicating the potential hazard or falsely alerting a potential hazard to anyone nearby. Although I have read the applicable Hazardous Material Regulations Part 172 Subpart F concerning placarding, I cannot find anything specific as to the time placards are to be applied and removed in relation to the location of the transport vehicle to properly communicate the hazard risk, Is it in compliance with the HMRs to have a transport vehicle laden with hazardous materials requiring placards move about private property and then offer it for transport to a driver without such required placards? Is it in compliance to have a transport vehicle on private property placarded when no hazardous materials are present in the vehicle? I appreciate any information you have relating to these issues and I look forward to hearing from you. Best regards, Malumali Mark R. Maki cc: Mike Fleming, Vice President/BA Local 24 David McLaughlin, Road Shop Steward Jerry Lynch, Safety#