J. J. Keller & Associates, Inc. — Hazardous Materials Safety Interpretation

Page 1u.s. Department 1200 New Jersey Avenue SE Washington. DC 20590 of Transportation Pipeline and Hazardous Materials Safety Administration MAR 3 0 2012 Mr. Tom Ziebell Sr. Hazmat Editor J. J. Keller & Associates, Inc. 3003 Breezewood Lane P. O. Box 368 Neenah, WI 540957-0368\ Ref. No.: 12-0055 Dear Mr. Ziebell: This responds to your e-mail regarding identification number (ID) displays on portable tanks under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In your follow-up e.-mail, you stated that the regulations do not appear to address transport vehicle or container marking requirements when they contain bulk packagings marked in accordance with § 172.336(d). Specifically, you ask for clarification ofthe marking requirements for a portable tank that is labeled and marked in accordance with § 172.514(c) and § 172.336(d). The exceptions in § 172.336(d) and § 172.514(c) provide no relief from marking the transport vehicle. The transport vehicle must be marked in accordance with § 172.326(c) ifthe ID number markings required by § 1 72.302(a) are not visible. If you choose to use the package marking and labeling exceptions in § 172.336(d) and § 1 72.5l4(c). the transport vehicle must be marked in accordance with § 172.302(a). I hope this information is helpful. Sincerely, ~::;;~ Ben Supko Acting Chief. Standards Development Branch Standards and Rulemaking Division#

Page 2Drakeford, Carolyn (PHMSA) From: Billings, Delmer (PHMSA) Sent: Thursday, February 16, 20121:47 PM To: Drakeford. Carolyn (PHMSA) Cc: Betts. Charles (PHMSA); Engrum, Helen (PHMSA) Subject: FW: 10 number display Carolyn, Please log this in for response and assign to Helen. Thanks. Del From: Ziebell, Thomas (Tom) J [mailto:TZiebell@jjkeller.com] Sent: Friday, February 10, 2012 4:05 PM To: Billings, Delmer (PHMSA) Cc: Betts, Charles (PHMSA) Subject: ID number display Hi Oel, I could not find an interpretation addressing the following. I hope you can provide an interpretation. When portable tanks are labeled and marked as allowed by 172.S14(c) and 172.336(d) and transported on a transport vehicle, what are the marking requirements for the transport vehicle? Are there marking requirements for the transport vehicle? Is the ID number required to be displayed on each end and each side of the vehicle? Paragraph 172.326(c)(1) says that if the portable tank 10 markings required by 172.302(a) [10 numbers on orange panels, placards, or white square-on-point] are not visible, a transport vehicle must be marked on each end and each side with the 10 number. However, the portable tanks marked as allowed by 172.336(d) would not be marked as specified by 172.302(a). I could not find any regulation requiring a transport vehicle, transporting a portable tank marked in accordance with 172.336(d) or 172.301(a)(1), to be marked on each end and each side the 10 number. It appears that the transport vehicle would not be required to display the 10 number on each end and each side. Is this correct? This does not seem consistent with the intent of the regulations. Thanks for your help. Tom Ziebell Sr. Hazmat Editor tziebell@iikeller.com 920-722-2848, ext. 2532 J. J. Keller & Associates, Inc.® 3003 Breezewood Lane P.O. Box 368 Neenah.VVI54957-0368 ~keller.com Laws, regulations, and best practices change. The observations and comments drawn today may not apply to laws, regulations, or best practices as they may be in the future. J. J. Keller & Associates, Inc. cannot and does not assume responsibility for omissions, errors, or ambiguity contained in this response. Individuals needing legal or other professional advice should seek the assistance of a licensed professional in that field. 1#