{"operation":"document","citation":"11-0190","title":"Action Resources — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-11-15","effective_on":null,"summary":"11-0190 response to Action Resources concerning 180.407, 180.415.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0190.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0190.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0190","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110190.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue SE\nWashington. DC 20590\nNOV 1 5 2011\nMr. Douglas R. Carothers\nManager EH&S Compliance\nAction Resources\n40 County Road 517\nHanceville, AL 35077\nRef. No.: 11-0190\nDear Mr. Carothers:\nThis responds to your August 5, 2011 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to cargo tank test and\ninspection markings.\nIn your letter, you state that your company, Action Resources, regularly transports\nhazardous materials in appropriately-filled DOT 407 cargo tank motor vehicles (CTMV's).\nYou state that each of your cargo tanks is successfully tested and inspected in accordance\nwith the HMR, and marked with the required markings as specified in §§ 180.407 and\n180.415. You also state that recently, two of your CTMV's have been cited by state\nenforcement officers for violating § 180.415(b)(2), which requires that each cargo tank\nsuccessfully complete the test and inspection requirements contained in § 180.407 and be\nmarked \"in letters and numbers at least 32 mm (1.25 inches) high, near the specification\nplate or anywhere on the front head.\" Further, you provide multiple photographs of a\nsampling of your DOT 407 cargo tanks, indicating the locations of their specification\nplates and the test and inspection markings. You ask whether the placement of the\ninspection date markings on the drivers' side of the foremost third portion of the cargo\ntank, is consistent with the HMR.\nFor the scenario described in your letter and supported by the photographs, the answer is\nyes. The tenn \"near\" has a subjective meaning and is not defined in the HMR; and in this\nspecific instance, would be consistent with the intent of the HMR. The test and inspection\ndate markings are located on the same side of the cargo tank as the specification plates, and\nlocated on the same half of that left side. The markings, in conjunction with the\nspecification plates, are easily accessible and visible to someone standing at the foremost\nthird portion of the left side of the tank, fulfilling the intent of § 180.415(b )(2).\nI hope this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nAugust 5, 2011\nMr. Charles E. Betts\nDirector, Office of Hazardous Materials Standards\nU.S. DOT/PHMSA (PHH-10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nRe: 40 CFR 180.415(b)(2) Location of Cargo Tank Test Dates\nDear Mr. Betts,\nI would like an official interpretation of the Agencys'.definition of the word \"near\" as it relates to\nrequired Inspection Date Markings for cargo tank,trailers.\n§ 180.415 Test and inspection markings.\n(a) Each cargo tank successfully completing the test and inspection requirements contained in §1BOA07 must be\nmarked as specified in this section.\n(b) Each cargo tank must be durably and legibly marked, in English, with the date (month and year) and the type of\ntest or inspection performed, subject to the following provisions:\ni\n(1 j The date must be readily iderytifiable with the applicable' test or inspection.\n(2) The markings must be in letters and numbers at least 32 mm (1.25 inches) high, near the specification plate or\nanywhere on the front head.\nSince the advent of CSA 2010 (now, simply, CSA) , two of my drivers have been cited for\ntraveling with tank trailers in violation of the above illustrated regulation.\nEnclosed, please find two photocopies of photographs illustrating the location of the tank trailer\nspecification plate, and one showing the location that we use to place applicable inspection\ndates. There is no doubt that the location we have chosen to place the inspection date stickers\nis more readily visible than behind and below the front fender, which would be directly adjacent\nto the manufacturers inspection plate.\nAdditionally, \"near\" is a subjective term unless specifically defined (Earth's \"near\" Mars in the\nsolar system). The term \"near\", in regulatory context, is not defined in 40CFR 180.203.\n\n<<<PAGE 3>>>\n\nThe alternative of placing these inspection markings on the front bulkhead subjects them to the\nablative effects of rain, ice, sand, etc. inherent to highway travel and therefore more prone to\nfading or other forms of corruption.\nPlease see the two enclosed citations. Specifically note the violations listed for this issue and\ntell me if these are legitimate citations, or a misunderstanding attributable to a lack of\nunderstanding about the as yet, unquantified value of \"near\".\nIs the placement of inspection date markings in a readily visible location near the front of the\ntank trailer bulkhead, on the drivers' side, consistent with the intent of this regulation?\nThank you in advance for your clarification of this issue.\ncc: Marlowe Jett\nMark Sandlin\nGregory Calhoun\nMark Mudryk","truncated":false,"body_characters":5005}