Interpretation Response #22-0069
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Senergy Petroleum
Individual Name: Mr. Deven Hallen
Location State: AZ Country: US
View the Interpretation Document
Response text:
February 1, 2023
Mr. Deven Hallen
Safety and Health Manager
Senergy Petroleum
622 S. 56th Ave
Phoenix, AZ 85043
Reference No. 22-0069
Dear Mr. Hallen:
This letter is in response to your May 23, 2022, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the visibility and display of placards. Specifically, you request clarification of the requirement in § 172.516(c)(4) which states that each placard on a transport vehicle, bulk packaging, freight container, or aircraft unit load device must be located away from any marking—such as advertising—that could substantially reduce its effectiveness, and in any case be at least three (3) inches (76.0 mm) away from such markings. In your email, you have included photographs which appear to show a tape measure being used to demonstrate the distance between your company's name on the rear of the truck-trailer and a placard. Further, you state that your company has received a violation of the HMR because it was determined that the placard was not at least three (3) inches away from your company's name on the rear of the truck-trailer. You ask—based on the photographs you provided in your email—whether the distance between your company's name and the placard is a violation of § 172.516(c)(4).
The intention of § 172.516(c)(4) is to limit the potential dilution of hazard communication by other markings not required by the HMR. Based on the photographs you provided in your email, it does not appear that there are three (3) inches between your company's name and the placard on the rear of the truck-trailer. However, it is the opinion of this Office that, in your scenario, because your company's name does not cause substantial reduction in the effectiveness of the placard, the provision pertaining to a required distance of 3 inches between your company's name and a placard is not applicable.
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
172.516(c)(4)
Regulation Sections
| Section | Subject |
|---|---|
| 172.516 | Visibility and display of placards |