Poly-Coat Systems, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 fEB 2 8 lOU Ms. Suzanne Felix Corporate Secretary Poly-Coat Systems, Inc. 501 Liverpool Spur Liverpool, TX 77577 Ref. No.: 12-0254 Dear Ms. Felix: This is in response to your November 08, 2012 email requesting clarification of the requirements for application of the "L" decal on non-DOT specification glass fiber reinforced plastic (GFRP) DOT-407 and 412 equivalent special permit tankers under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically you ask if an "L" marking should be applied to non-DOT specification GFRP DOT-407 and 412 equivalent tankers operating under special permit. Your email does not reference any specific special permits. However, the lining inspection requirements of§ 180.407(f) do not apply if cargo tanks are authorized by the special permit they are operating under to be manufactured and utilized in transportation without a liner. Test and inspection marking requirements for cargo tanks are provided in § 180.415. Section 180.415(a) requires each cargo tank successfully completing the test and inspection requirements contained in§ 180.407 to be marked as specified in the rest ofthat section; to include an "L" marking for lining inspections. If no liner is present in a cargo tank operating under a special permit, no lining inspection is required and no marking in accordance with § 180.415 is required. Unless otherwise provided for by special permit, any cargo tank utilizing a liner is subject to the lining inspection requirements of§ 180.407(f) and subsequently the marking requirements in § 180.415(b). I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. - r2Lm~ Delmer Billings ~ Senior Regulatory Advisor Standards and Rulemaking Division#

Page 2);V.ebb '~ LJJ~D. J-/07 \ Drakeford, Carolyn (PHMSA) $ 1]9), 341-J From: Supko, Ben (PHMSA) CM.rao T~ Sent: Thursday, November 08, 2012 3:08 PM J l '7 D -'1 c Ll. To: Drakeford, Carolyn (PHMSA) '- - .4.JIJ'f Cc: Betts, Charle.s (PHMSA); Staniszewski, Stanley (PHMSA); Hochman, Charles (PHMSA); Turner, Ted (PHMSA) Subject: FW: Special Permit and "L" stickers Carolyn, Please log this as a request for interpretation. Thank you, From: suzanne [mailto:suzanne@polycoatsystems.com] Sent: Thursday, November 08, 2012 2:12 PM To: Tomlinson, Donald (FMCSA); 'Chris Kellogg'; Turner, Ted (PHMSA); Staniszewski, Stanley (PHMSA); Supko, Ben (PHMSA); charles.hockman@dot.gov Cc: george@polycoatsystems.com Subject: Special Permit and "L" stickers All, There has been much to do about the application or lack of application of the "L" decals for special permit DOT -407 and 412 tankers. PHMSA inspector Ted Turner was adamant that the "L" should not be there. At the NTTC convention this year, Donald Tomlinson who is teaching classes and is including the special permits in his class, seemed to be of the opinion that the "L" should be applied. Across the board, this determination should be made. Per the PHMSA rulings ; 04- 0005; 10-0219; 11-0002; and 11-0121; it clearly states that lining requirements do not apply. Conventional wisdom is that roadside inspectors expect to see a "L" on these tanks. With the addition of some special permits having a lining other than the corrosion barrier, it would seem the "L" sticker would simplify and stream line what roadSide inspectors expect to · see. Can we get a unanimous decision that we can all apply across the board? Can we get this formally stated? Please respond, as this has been an issue for a very long time and since the goal is to stream line the special permits, I believe this would be of tremendous help. Sincerely, SUUllllre Poly-Coat Systems, Inc. P.O. Box 9 • . Wverpool, Texas 77577 281-245-3393 ext.103 fax: 281-245-3397 suzanne@polycoatsystems.com 1#