Interpretation Response #09-0039 ([HazMat Resources, Inc.] [Mr. Danny Shelton])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: HazMat Resources, Inc.
Individual Name: Mr. Danny Shelton
Location State: NC Country: US
View the Interpretation Document
Response text:
March 17, 2009
Mr. Danny Shelton
Vice President, Business Development
HazMat Resources, Inc.
10104 Creedmoor Road
Raleigh, NC 27615
Ref. No. 09-0039
Dear Mr. Shelton:
This is in response to your letter dated February 18, 2009, requesting clarification of §§ 172.504 and 172.516 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask several questions regarding the display of the proper shipping name and the term "Inhalation Hazard" on a cargo tank motor vehicle.
Q1. Is it acceptable to display the proper shipping name on a panel permanently attached to the structure of the cargo tank provided the proper shipping name is clearly visible from any direction?
A1. As required by § 172.328, each cargo tank motor vehicle transporting Class 2 material must be marked on each side an each end with the proper shipping name specified for the gas in the hazardous materials table or an appropriate common name for the material. A panel permanently attached to the motor vehicle may be used to comply with this requirement.
Q2. Is it acceptable to display "Inhalation Hazard" on a panel permanently attached to the structure of the cargo tank that is visible from any direction?
A2. As required by § 172.313, the words "Inhalation Hazard" must be marked on two opposing sides of a bulk packaging. A panel permanently attached to the motor vehicle may be used to comply with this requirement.
Q3. Does the phrase "visible from the direction it faces" as used in § 172.516 mean the placard must be at eye level or can the placard be placed in another location such as the top head of the cargo tank or another location on the cargo tank provided the placard is visible from the direction it faces?
A3. The phrase "visible from the direction it faces" as it is used in this case does not imply the placard must be mounted in any specific position on the cargo tank. However, a placard must be located clear of appurtenances and devices such as ladders or pipes; placed so that dirt and water is not directed to it from the wheels of the transport vehicle; be located away from any markings that could substantially reduce its effectiveness; maintained so that its legibility, color, and visibility are not substantially reduced because of damage, deterioration, or obscurement; and otherwise conform to the detailed visibility requirements established in § 172.516.
I hope this answers your inquiry.
Sincerely,
Charles E. Betts
Chief, Standards Development
Office of Hazardous Materials Standards
172.516, 172.328, 172.313