Interpretation Response #99-0216 ([American Trucking Associations] [Mr. Paid Bomgardner])

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

Interpretation Response Details

Response Publish Date: 03/17/2000

Company Name: American Trucking Associations

Individual Name: Mr. Paid Bomgardner

Location State: VA Country: US

View the Interpretation Document

Response text:

March 17, 2000

Mr. Paid Bomgardner                           Ref.  No. 99-0216
Director, Hazardous Materials Policy
American Trucking Associations
2200 Mill Road
Alexandria, VA 22314-4677

Dear Mr. Bomgardner:

This is in response to your letter concerning a 1985 letter from the Federal Highway Administration (FHWA) and a 1994 letter from this Office regarding the visibility and display of a placard under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  We apologize for the delay in responding and hope it has not caused any inconvenience.

As you are aware, the Research and Special Programs Administration's Office of Hazardous Materials Safety is the agency responsible for issuance and interpretation of the HMR, and it is also our responsibility to provide clarifications or interpretations, when necessary.  The March 19, 1985 letter was not coordinated with this Office and represents the opinion of the specialist who wrote it.  We disagree with the opinion expressed in that letter.  As indicated in our June 16, 1994, and April 14, 1999 letters, locating a placard below the bed of a trailer and behind the rear-under-ride protection device significantly reduces the visibility of the placard and allows water, dirt and other debris to be directed onto the placard.  The display of a placard in such a location does not comply with the provisions in § 172.516. This response has been coordinated with the Federal Motor Carrier Safety Administration's Hazardous Materials Unit.

I regret any confusion or inconvenience that may have been caused by the 1985 letter.  If we can be of further assistance, please contact us.

Sincerely,

Robert A. McGuire
Acting Associate Administrator for
Hazardous Materials Safety

172.516

Regulation Sections