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Interpretation Response #12-0139 ([Nebraska State Patrol] [Sergeant Brad Wagner])

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

Interpretation Response Details

Response Publish Date:

Company Name: Nebraska State Patrol

Individual Name: Sergeant Brad Wagner

Location State: NE Country: US

View the Interpretation Document

Response text:

July 25, 2012

 

 

 

Sergeant Brad Wagner
Carrier Enforcement Division
Nebraska State Patrol
P.O. Box 94907
Lincoln, Nebraska 68509-4907

Ref. No. 12-0139

Dear Sergeant Wagner:

This responds to your June 19, 2012 request for clarification on prohibited placarding under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you asked if a red "N" on a white square on point background shown in your attached photographs constitutes a prohibited sign under § 172.502(a)(2).

Section 172.502(a)(2) provides that: [N]o person may affix or display on a packaging, freight container, unit load device, motor vehicle or rail car"any sign, advertisement, slogan (such as "Drive Safely"), or device that, by its color, design, shape, or content, could be confused with any placard prescribed in this subpart.

This prohibition is intended to limit the potential dilution of hazard communication provided by the appropriate hazardous materials placards. The display in the photographs you provided is similar in "shape" (square on point configuration) to that of hazardous materials placards, and could be confused with prescribed placards in the HMR. Therefore, the red "N" on a white square on point background is prohibited under § 172.502(a)(2).

I hope this answers your inquiry. If you need additional assistance, contact this office at (202) 366-8553.

Sincerely,

 

Robert Benedict
Chief, Standards Development Branch
Standards and Rulemaking Division

172.502(a)(2)

Regulation Sections

Section Subject
172.502 Prohibited and permissive placarding