{"operation":"document","citation":"09-0039","title":"HazMat Resources, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-03-17","effective_on":null,"summary":"09-0039 response to HazMat Resources, Inc. concerning 172.313, 172.328, 172.516.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0039.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0039.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0039","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2009/090039.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave, S.E.\nWashington, D.C. 20590\nMAR 1 7 2009\nMr. Danny Shelton\nVice President, Business Development\nHazMat Resources, Inc.\n10 104 Creedmoor Road\nRaleigh, NC 276 1 5\nRef. No. 09-0039\nDear Mr. Shelton:\nThis is in response to your letter dated February 18, 2009, requesting clarification of\n$ 5 172.504 and 172.5 16 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1 -\n180). Specifically, you ask several questions regarding the display of the proper shipping\nname and the term \"Inhalation Hazard\" on a cargo tank motor vehicle.\nQ1. Is it acceptable to display the proper shipping name on a panel permanently attached to\nthe structure of the cargo tank provided the proper shipping name is clearly visible from any\ndirection?\nAl. As required by 172.328, each cargo tank motor vehicle transporting Class 2 material\nmust be marked on each side an each end with the proper shipping name specified for the gas\nin the hazardous materials table or an appropriate common name for the material. A panel\npermanently attached to the motor vehicle may be used to comply with this requirement.\n42. Is it acceptable to display \"Inhalation Hazard\" on a structure of the cargo tank that is visible from any direction?\npermanently attached to the\nA2. As required by 5 172.3 13, the words \"Inhalation Hazard\" must be marked on two\nopposing sides of a bulk packaging. A panel permanently attached to the motor vehicle may\nbe used to comply with this requirement.\n43. Does the phrase \"visible from the direction it faces\" as used in 5 172.5 16 mean the\nplacard must be at eye level or can the placard be placed in another location such as the top\nhead of the cargo tank or another location on the cargo tank provided the placard is visible\nfrom the direction it faces?\nA3. The phrase \"visible from the direction it faces\" as it is used in this case does not imply\nthe placard must be mounted in any specific position on the cargo tank. However, a placard\nmust be located clear of appurtenances and devices such as ladders or pipes; placed so that\n\n<<<PAGE 2>>>\n\ndirt and water is not directed to it from the wheels of the transport vehicle; be located away\nfrom any markings that could substantially reduce its effectiveness; maintained so that its\nlegibility, color, and visibility are not substantially reduced because of damage, deterioration,\nor obscurement; and otherwise conform to the detailed visibility requirements established in\n$ 172.516.\nI hope this answers your inquiry.\nSincerely,\nCharles E. Betts\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nPage 1 of 3\nDrakeford, Carolyn <PHMSA>\nFrom: Mitchell, Hattie <PHMSA>\nSent: Wednesday, February 18,2009 4:16 PM\nTo: Drakeford, Carolyn <PHMSA>\nSubject: FW: Display of markings on cargo tanks\nAttachments: Communication Requirements 1 .pdf\nCarolyn, please log in as an interp request.\nFrom: Danny Shelton [mailto:dgshelton@nc.rr.com]\nSent: Sunday, February 15, 2009 3:05 PM\nTo: Mitchell, Hattie <PHMSA>\nCc: dgshelton@nc.rr.com\nSubject: Display of markings on cargo tanks\nGood mori~ing Hattie, hope you enjoyed your Presidents Day\nholiday. As we discussed last week I have attached for your review\nvarious displays of shipping names, ID numbers on placards, and the\nphrase \"Inhalation Hazard\" on cargo tanks. The Department defines\na cargo tank as follows:\nCargo tank means a bulk packaging that: (1) Is a tank intended\nprimarily for the carriage of liquids or gases and includes\nappurtenances, reinforcements, fittings, and closures (for the\ndefinition of a tank, see 49 CFR 178.320, 178.337-1, or 178.338-1, as\napplicable);\n(2) Is permanently attached to or forms a part of a motor vehicle, or is\nnot permanently attached to a motor vehicle but which, by reason of\nits size, coi~struction or attachment to a motor vehicle is loaded or\nunloaded without being removed from the motor vehicle; and\n(3) Is not fabricated under a specification for cylinders, intermediate\nbulk containers, multi-unit tank car tanks, portable tanks, or tank cars.\nThe Department goes on to define motor vehicle as follows:\nMotor vehicle includes a vehicle, machine, tractor, trailer or\nsemitrailer, or any combination thereof, propelled or drawn by\n\n<<<PAGE 4>>>\n\nPage 2 of 3\nmechanical power and used upon the highways in the transportation\nof passengers or property. It does not include a vehicle, locomotive,\nor car operated exclusively on a rail or rails, or a trolley bus operated\nby electric power derived from a fixed overhead wire, furnishing\nlocal passenger transportation similar to street-railway service.\nIn addition, the Department defines cargo tank motor vehicle as\nfollows:\nCargo tank motor vehicle means a motor vehicle with one or more\ncargo tanks permanently attached to or forming an integral part of the\nmotor vehicle.\nWe cannot clearly define what a cargo tank really is unless we read\nall three definitions together. A cargo tank can be permanently\nattached to or forms part of a motor vehicle, a motor vehicle is a\ntrailer and a cargo tank motor vehicle is a motor vehicle (trailer) with\na cargo tank attached to the trailer.\nIt is the intent of the communication requirements that the markings, -\nplacards and any other additional descriptive terms that are required\nbased on the product being transported be visible from the direction\nthat it faces to ensure that emergency response personnel can\ndetermine the potential hazards that may be present during an HM\nIncident. The regulations say these markings must be on the cargo\ntank, on the bulk package, etc., but in no case do they ever say them\nmust be affixed to the cargo tank wall. Clearly in the illustrations\nprovided all the markings are clearly visible from the direction they\nface and the definition of a cargo tank would allow a person to\ndisplay this information in this manner because what is being\nillustrated in these pictures is a cargo tank, a bulk package, a motor\nvehicle and a cargo tank motor vehicle and they are all one and the\nsame.\n\n<<<PAGE 5>>>\n\nPage 3 of 3\nBased on the regulations as written today please reply to the\nfollowing questions:\n1. Is it acceptable to display the proper shipping name on a panel\npermanently attached to the structure of the cargo tank that is\nvisible from the direction that it faces irrespective of whether\nthat direction is forward, aft, or laterally?\n2. Is it acceptable to display the term \"Inhalation Hazard\" on a\npanel permanently attached to the structure of the cargo tank that\nis visible from the direction that it faces irrespective of whether\nthat direction is forward, aft, or laterally??\n3. Does the phrase visible from the direction it faces mean that it\nmust be at eye level or it can it be mounted on top of the head of\nthe cargo tank, mounted near the bottom of the cargo tank or\nanywhere on the cargo tank as long as it is visible from the\ndirection it faces?\nThank you for your interest in highway safety.\n\n<<<PAGE 6>>>\n\nSee illustration4\nIs it acceptable to display\nthe placard and ID\nnumber on the stainless\nsteel plate identified as\nplacard and display the\nshipping name and the\nphrase \"Inhalation\nHazard\" on a plate\npermanently attached to\nthe cargo tank structure\non the front and rear of\nthe cargo tank and on\neach side of the cargo\ntank or must these terms\nbe physically displayed\non the cargo tank wall?","truncated":false,"body_characters":7444}