Interpretation Response #09-0109 ([Southern Resin, Inc.] [Mr. Allen Grubb])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 04/06/2010

Company Name: Southern Resin, Inc.

Individual Name: Mr. Allen Grubb

Location State: NC Country: US

View the Interpretation Document

Response text:

April 6, 2010

Mr. Allen Grubb

Operations Manager

Southern Resin, Inc.

3440 Denton Road

Thomasville, NC 27360

Ref. No. 09-0109

Dear Mr. Grubb:

This responds to your letter requesting clarification of the display and visibility requirements applicable to placards under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You describe two different scenarios and ask whether one or both may be used to satisfy the placarding requirements of the HMR. Both scenarios involve a bulk cargo tank motor vehicle (CTMV) used for the transportation of a non-hazardous material and a cargo-carrying "box" attached under the frame of the semi-trailer used for the transportation of a regulated corrosive liquid (UN1760) in 55-gallon drums exceeding 1,001 lbs. Your questions are paraphrased and answered as follows:

Q1: To satisfy the rear placard requirement, is it permissible to place one placard on the rear bumper with a statement above it that says "This placard for drum box only" or may we attach the placard to a rear fender as shown in the attached photographs? Placards would be placed directly on the drum boxes (both sides) to satisfy the side placard requirement. Lastly, we would place placards either on the front bumper of the tractor or on the front of the drum box (see attached photograph) to satisfy the front placard display requirement.

A1: The rear placard appears to be more suitably displayed on the rear fender of the trailer, as shown in the photographs, rather than placing it on or below the rear bumper. Under § 172.516(c)(3), a placard must be located so that dirt or water is not directed to it from the wheels of the transport vehicle. The side placement as shown in your photograph is acceptable; however, placement of the placards on the sides of the cargo tank would provide the most visibility. Placement of the placard on either the front of the tractor or the front of the cargo tank to satisfy frontal display requirement as prescribed in § 172.516(b) is considered acceptable.

The phrase "visible from the direction it faces" as it is used in § 172.516(a) does not imply the placard must be mounted in any specific position on the cargo tank. However, all placards must be located clear of appurtenances and devices such as ladders or pipes; 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. Although a placard does not have to be located at the outer perimeter of a vehicle, the placement on the front of the cargo box as shown in your photographs does not provide sufficient visibility to satisfy the frontal display requirement. Additionally, the applicability statement is not necessary to identify the package the placards are being used to identify.

Q2: Is it permissible to place all four placards in placard holders attached to both sides and both ends of the trailer when they are intended to convey the hazard of the material in the drum box rather than in the trailer?

A2: The answer is yes. Provided the placards represent materials contained on the transport vehicle, they may be located anywhere on the vehicle that satisfies the requirements for display and visibility in § 172.516.

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.

Sincerely,

Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

172.516

Regulation Sections