Interpretation Response #20-0022

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

Interpretation Response Details

Response Publish Date: 05/07/2020

Company Name: Railsback HazMat Safety Professionals LLC

Individual Name: Rex Railsback

Location State: KS Country: US

View the Interpretation Document

Response text:

May 7, 2020

Rex Railsback
HazMat Specialist
Railsback HazMat Safety Professionals LLC
312 Lawrence Ave
Lawrence, KS  66049

Reference No. 20-0022

Dear Mr. Railsback:

This letter is in response to your March 5, 2020 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to placarding. Specifically, you request the applicability of the response in previous Letter of Interpretation (LOI) No. 05-0108 as it relates to a number of scenarios you describe. You state the scenario in LOI No. 05-0108 involves a transport vehicle that requires placards, but also meets the requirements to utilize the "Dangerous" placard as specified in § 172.504(b). In the same scenario, a vehicle is placarded on two ends with "Flammable Gas" placards, and on two sides with "Dangerous" placards. You state that LOI No. 05-0108 specifies that such placarding would not be authorized by the HMR, and that the vehicle should be placarded with the same placard(s) on both ends and both sides. Lastly, you state it is your understanding that this letter implies a person cannot mix required placards with other placards that are authorized by an exception.

We have paraphrased and answered your questions as follows:

Q1. You ask whether use of the "Flammable" and "Corrosive" placards on three sides of a vehicle and the "Dangerous" placard on the fourth side in accordance with the exception requirements for the "Dangerous" placard in § 172.504(b) is permitted for a transport vehicle that is loaded with 600 lbs. of Class 3 (Flammable) material in non-bulk packages and 600 lbs. of Class 8 (Corrosive) material in non-bulk packages.

A1. The answer is no. A freight container, unit load device, transport vehicle, or rail car which contains non-bulk packages with two or more categories of hazardous materials that require different placards specified in table 2 of § 172.504(e) may be placarded with a "Dangerous" placard instead of the separate placarding specified for each of the materials in table 2. However, each side and each end of a freight container, unit load device, transport vehicle, or rail car must have identical placards in design and quantity.

Q2. You ask whether use of the "Flammable Gas" placard on two ends of the vehicle and the "Flammable Gas" and "Non-Flammable Gas" placards on two sides of the vehicle using the exception for the "Non-Flammable Gas" placard in § 172.504(f)(3) is permitted for a transport vehicle that is loaded with 600 lbs. of Division 2.1 (Flammable Gas) material in non-bulk packages and 600 lbs. of Division 2.2 (Non-flammable Gas) material in non-bulk packages.

A2. The answer is no. Each side and each end of a freight container, unit load device, transport vehicle, or rail car must have identical placards in design and quantity.

Q3. You ask whether use of the "Non-Flammable Gas" placards on two ends of the vehicle and the "Oxygen" placard on two sides of the vehicle in accordance with the exception for the "Oxygen" placard in § 172.504(f)(7) is permitted if a transport vehicle is loaded with 1,200 lbs. of Division 2.2, Oxygen, compressed in non-bulk packages.

A3. The answer is no. Each side and each end of a freight container, unit load device, transport vehicle, or rail car must have identical placards in design and quantity.

I hope this information is helpful. Please contact us if we can be of further assistance.

Sincerely,

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

172.504(b), 172.504(e), 172.504(f)(3), 172.504(f)(7)

Regulation Sections