Interpretation Response #11-0310

Interpretation Response Details

April 9, 2012

Mr. Larry Dannemiller
President
Dannemiller Associates, Inc.
7792 Olentangy River Road"Suite #2
Columbus, Ohio 43235

Ref. No. 11-0310

Dear Mr. Dannemiller:

This responds to your letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the responsibility for the removal of placards on a transport vehicle at a consignee"s facility once the hazardous materials are unloaded from the transport vehicle and accepted in full by the consignee. You ask whether the consignee or the vehicle operator is responsible for removal of placards no longer representative of hazardous materials onboard a transport vehicle before it may depart a consignee"s facility. Additionally, you ask whether the HMR would allow a motor carrier to require in its tariff, that a consignee or its agent be solely responsible for the removal of placards no longer applicable to what is onboard the transport vehicle.

As specified in §§ 171.2(k) and 172.502(a)(1), no person may display a hazardous material placard unless the package or vehicle is transporting a hazardous material. Sections 172.500(a) and 172.506(a) provide that the offeror and the vehicle operator are ultimately responsible for complying with placarding requirements, which includes the removal of placards representing hazards no longer present on the transport vehicle. Additionally, a motor carrier may not impose a conflicting requirement, through tariffs or otherwise, on a consignee when the consignee has not offered a hazardous material to the motor carrier representative of the placards that remain displayed on a transport vehicle.

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

Sincerely,

T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

171.2(k), 172.502, 172.500, 172.506

Regulation Sections