Interpretation Response #15-0024 ([Hazardous Materials Response Unit] [Officer Daniel Voelker])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Hazardous Materials Response Unit
Individual Name: Officer Daniel Voelker
Location State: AZ Country: US
View the Interpretation Document
Response text:
September 08, 2015
Officer Daniel Voelker
Arizona Department of Public Safety
Hazardous Materials Response Unit
2102 W. Encanto Blvd, Mail Drop 4011
Phoenix, AZ 85009
Ref. No. 15-0024
Dear Officer Voelker:
This responds to your February 2, 2015 email requesting clarification of placarding requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you request further clarification on the use of the DANGEROUS placard as described in interpretation letter Ref. No. 14-0031.
Letter Ref. No. 14-0031 addresses a scenario in which a transport vehicle containing non-bulk quantities of Class 3 flammable liquid and combustible liquid displays a DANGEROUS placard instead of the separate placards specified for each of the materials. PHMSA’s stated position in the letter is that this is acceptable; and furthermore, a COMBUSTIBLE placard is not required for combustible liquids in non-bulk packaging (§ 172.500(b)(6)). Additionally, a placard may be displayed for a hazardous material, even when not required, provided the placarding is carried out in conformance with Part 172, Subpart F.
You request reconsideration of our position in letter Ref. No. 14-0031 and believe use of the DANGEROUS placard is not authorized because there is only one category of hazardous material in Table 2 of § 172.504 requiring placards. Therefore, it is not permissive placarding under § 172.502(c) because it does not otherwise conform to the placarding requirements of the Subpart; specifically § 172.504(b).
Your understanding is not correct. The response in letter Ref. No. 14-0031 is consistent with the HMR requirements in Part 172, Subpart F. The general placarding requirements in § 172.504(a) require each bulk packaging, freight container, unit load device, transport vehicle or railcar containing any quantity of hazardous material to be placarded with the placards specified in Tables 1 and 2 of that section. Table 2 includes a placard for both flammable and combustible liquids. While § 172.500(b)(6) provides an exception from placarding for combustible liquids in non-bulk packagings, a placard may be displayed for a hazardous material, even when not required in accordance with permissive placarding described in § 172.502(c). Similarly, a DANGEROUS placard may be displayed for two or more categories of hazardous materials that have different placards specified, even when neither is required to be placarded.
I hope this answers your inquiry. If you need additional assistance, please contact this Office at 202-366-8553.
Sincerely,
Dirk Der Kinderen
Acting Chief, Standards Development Branch
Standards and Rulemaking Division
172.500(b)(6), 172.504, 172.502(c), 172.504(b), 172.504(a)