{"operation":"document","citation":"17-0029","title":"Thatcher Transportation, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-05-22","effective_on":null,"summary":"17-0029 response to Thatcher Transportation, Inc. concerning 172.328.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0029.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0029.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0029","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2017/170029.pdf","body":"<<<PAGE 1>>>\n\nSafety Manager\nThatcher Transportation, Inc.\n1905 Fortune Road\nSalt Lake City, UT 84104\nReference No. 17-0029\nDear Mr. Olsen:\nThis letter is in response to your March 21, 2017, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the emergency shutoff\nmarking on cargo tanks. You note that § 172.328(d) specifies the emergency shutoff marking\nmust be immediately adjacent to the emergency closure device. You state that you received a\nviolation for the emergency shutoff marking not being close enough to the emergency closure\ndevice and include in your email a photo showing the marking approximately 4 inches right of\nand 12 inches above the device. Specifically, you ask how close the emergency shutoff marking\nmust be to the emergency closure device in order to meet the requirements of § 172.328(d).\nSection 172.328(d) does not specify the distance the emergency shutoff marking must be in order\nto be immediately adjacent to the emergency closure device. However, based on the description\nyou provided in your email and the attached photo, it is the opinion of this Office that the\nemergency shutoff marking, as pictured, would be considered adjacent to the emergency closure\ndevice.\nI hope this information is helpful. 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\nPlease submit this as a letter of interpretation. I spoke with Mr. Olsen.\nMailing Address:\nThatcher Transportation, Inc.\n1905 Fortune Road\nSalt Lake City, Utah 84104\nPlease let me know if you have any questions.\nThanks,\nJordan\nFrom: Brent Olsen [mailto:Brent.Olsen@tchem.com]\nSent: Tuesday, March 21, 2017 12:28 PM\nTo: PHMSA HM InfoCenter <PHMSAHMInfoCenter@dot.gov>\nSubject: Interpretation of 172.328(d)\nOne of our drivers received a violation in Colorado today because the inspector thought the Emergency Shutoff decal on\nthe left front of the cargo tank should be closer to the actual emergency closure device (a break bolt). Looking at the\npicture, the decal appears to be about 4 inches to the right of the device and approximately 12 inches above it (see\npicture in attachment).\n172.328(d) does not list any specific distance the decal has to be within, but only states that it must be immediately\nwe ben means oke tr. The existing deal was placed there by the cargo tank manufacturer, and they state\nthey've been putting it there for as many years as they can remember.\nI couldn't find any interpretation specifying the distance, but that's my question. How close does the Emergency Shutoff\ndecal have to be to the \"means of closure\" to be immediately adjacent to it? Thank you.\nBrent L. Olsen, CDS\nSafety Manager\nThatcher Transportation, Inc.\nDirect: (801) 924-1413 | M: (801) 833-5148\nThe information contained in this e-mail message, and any attachments to it, contain confidential, proprietary,\nprivileged, or otherwise secret information. If you are not the intended recipient, or believe that you may have\nreceived this email or attachments in error, any dissemination, use, review, distribution, printing or copying of\nthe information contained in this e-mail message and any attachments to it are strictly prohibited. If you have\n\n<<<PAGE 3>>>\n\n\n\n<<<PAGE 4>>>\n\nEMERGENCY\nSHUTOFF","truncated":false,"body_characters":3370}