Interpretation Response #00-0069
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
May 2, 2000
Ms. Dianne Bechtold Ref. No. 00-0069
Place Quick, Inc.
P.O. Box 68091
Schaumburg, IL 60168-0091
Dear Ms. Bechtold:
This is in response to your letter dated February 28, 2000, concerning use of ScotchliteTm Reflective Sheeting Diamond Grade reflective materials for labels and placards used to communicate warnings posed by hazardous materials in transportation.
In a letter dated May 7, 1996, we advised that it is the opinion of this office that the placards you submitted for our review do not meet the requirements specified for placards in §172.519 of the Hazardous Materials Regulations (HMR; Title 49 CFR parts 171-180). Specifically, we stated, in part, that the placard colors (including red) do not fall within prescribed tolerances. You now ask whether a carrier may voluntarily display a placard made from the non-conforming color materials, if a placard that fully conforms to all requirements in the HMR is displayed also. As §172.502(a)(1)(iii) prohibits the display of any placard that does not conform to requirements of the HMR, you may not supplement the display of conforming placards with additional placards that do not conform to current standards.
Currently, this office is considering whether to propose a different standard for labels, placards and other hazard warning instruments constructed of retroreflective materials. Specifically, we are focusing on white and red Type V sheeting conforming to ASTM D 4956, Standard Specification for Retroreflective Sheeting for Traffic Control. This is the standard referenced by the National Highway Traffic Safety Administration in 49 CFR 571.108 for conspicuity systems applicable to certain truck tractors and trailers. This issue is being addressed by the Research and Special Programs Administration in Docket No. RSPA-99-5005 (HM-206B), Hazard Communication Requirements -- Petitions for Rulemaking and Miscellaneous Amendments. We will advise you when a notice of proposed rulemaking is issued in this docket.
I hope this information is helpful.
Edward T. Mazzul
Director, Office of Hazardous
|§ 172.519||General specifications for placards|