{"operation":"document","citation":"17-0040","title":"HazMat Resources, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2018-04-02","effective_on":null,"summary":"17-0040 response to HazMat Resources, Inc. concerning 178.337.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0040.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0040.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0040","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/57826/170040.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration\nAPR 0 2 2018\nMr. Danny Shelton\nPresident\nHazMat Resources, Inc.\n124 Rainbow Drive, Suite 2471\nKingsport, TN 37663\nReference No. 17-0040\nDear Mr. Shelton:\nThis letter is in response to your April 25, 2017, letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to marking cargo tank inlets\nand outlets to indicate whether they communicate with liquid or vapor when the cargo tank is\nfilled to the maximum permitted filling density. You reference a previously-issued letter of\ninterpretation, stating that the guidance therein is too limiting and does not account for the\noverall intent of the marking requirement. You believe that the intent of § 178.337-9(c) is\nfulfilled as long as the inlets and outlets are marked so that one can determine whether the inlet\nor outlet communicates with a liquid or vapor—-whether that marking be on the cargo tank wall,\naccident protection frame, or the outlets themselves.\nYour understanding is correct. Provided the marking is readily visible, legible, durable to\nwithstand transport conditions, and clearly associated with the corresponding inlet or outlet,\nmarking in the locations you describe would satisfy the requirements of the HMR.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nacke\nShane Kelley\nDirector\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\naser\n8178-337-9(c\nPackagy\nSpecs\n17-00 H0\nHazMat Resources, Inc.!?f\nApril 25, 2017\nMr. Glenn Foster\nActing Director, Office of Hazardous Materials Standards\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\nEast Building, 2nd Floor\nMail Stop: E21-317\n1200 New Jersey Ave., SE\nWashington, DC 20590\nRe: Marking inlets and outlets on cargo tanks - PHMSA Interpretation 16-0001\nMr. Foster,\nPlease find attached a copy of the Pipeline and Hazardous Materials Safety Administration (PHMSA)\nInterpretation 16-0001 dated June 3, 2016. The regulation clearly states the following: 178.337-9 (c)\nMarking inlets and outlets. Except for gauging devices, thermometer wells, and pressure relief valves,\neach CARGO TANK INLET AND OUTLET must be marked \"liquid\" or \"vapor\" to designate whether it\ncommunicates with liquid or vapor when the cargo tank is filled to the maximum permitted filling\ndensity. A filling line that communicates with vapor may be marked \"spray-fill\" instead of \"vapor.\"\nWe believe this means that the inlet or outlet on the cargo tank must be marked as follows; EACH\nCARGO TANK INLET AND OUTLET. The definition of cargo tank does not include piping but tank is\nTIGHT VESSEL HAVING OPENINGS DESIGNED TO ACCEPT PRESSURE TIGHT FITTINGS OR CLOSURES,\nclearly defined as A CONTAINER, CONSISTING OF A SHELL AND HEADS, THAT FORMS A PRESSURE\nBUT EXCLUDES ANY APPURTENANCES, REINFORCEMENTS, FITTINGS, OR CLOSURES.\nAdditionally, in the definition of cargo tank it specifically refers to the definition of \"tank\" in 178.320.\nCurrently most cargo tank motor vehicle manufacturers use internal valves (versus a back flow check\nvalve) to protect the product inlets and outlets in addition to the required accident damage protection\ndevices to protest from damage that could be caused as a result of an accident.\nThis interpretation expands the marking requirements to include \"cargo tank equipment\" and \"in close\nproximity\" to its respective male/break point. I have not been able to find in the regulation where either\none of these terms or phrases are defined and the regulations clearly do not require the marking to be 'in\nclose proximity to\" the break point. What is defined by PHMSA is \"cargo tank\" and \"tank\" and we are\nof the opinion that as long as the inlets and outlets on cargo tanks are marked so that one can determine\nwhat is an inlet/outlet/spray fill, that certainly fulfills the intent of the marking requirement. There is no\nquestion that everyone, even the roadside inspectors knew the function of each inlet/outlet but because\nthe piping was not marked it was determined to be a violation.\nMost if not all MC331 cargo tanks, including bobtails and transports mark the inlets and outlets as close\nas practicable to the inlet and outlet. Specific to MC331 bobtail CTMVs the inlets and outlets are\nmarked right on the cargo tank immediately adjacent to the fitting and the piping is protected by the rear\nend accident damage protection device. Inlets and outlets on transports are marked on the flange that is\nalso marked on the piping protection guard where the delivery hose assembly attached to the cargo tank\nwelded to the cargo tank that contains the internal valve and for convenience to the operator the piping is\nby means of the acme fitting. I have attached some pictures to illustrate how these outlets are marked to\n124 RAINBOW DRIVE, SUITE 2471 • KINGSPORT, TN • 37663 • DSHELTON@HAZMATRESOURCES.COM & 423-863-2252\n\n<<<PAGE 3>>>\n\nHazMat Resources, Inc.\nclearly communicate to the operator and emergency response personnel the function of each inlet and\nWe believe that PHMSA should reconsider this interpretation and considering the fact that this\ndetermination has expanded the marking requirement to include \"cargo tank equipment\" and \"close\nproximity to\" and neither term has been defined. One can certainly argue that the phrase \"close\nproximity to\" and \"near\" mean the same thing. PHMSA has already provided guidance on what near\nmeans regarding the marking of QT near the specification plate and has stated that near means on the\nsame side of the cargo tank as the specification plate. So on the one hand 4 inches is not close enough\nsense so the industry is just trying to comply and make sense out of a requirement that is, at best,\ntor one marking yet up to 20 feet is acceptable for another marking. Neither determination makes any\nambiguous.\nThis incorrect interpretation has cause great harm and inconvenience to the trucking industry and State\nvapor or spray fill of the cargo tank.\nThank you for your consideration in this matter.\nRegards\nJamil th. Sheiter\nDaniel G. Shelton\nPresident, HazMat Resources, Inc.\nCc:\nMs. Christina Tackett, Assistant Chief Counsel, Hazmat Safety\nMr. Mark Sanborn, Office of the Secretary\nMr. Brigham McCown, Office of the Secretary\nMr. Charles Whittington, Grammer Industries\nMr. Mike Pitts, VP Mississippi Tank Company\nMr. David Auxier, VP BT & T\nAttachments:\nPhotographs of markings that were in violation in Kentucky\nTwo Roadside inspections in Kentucky (1 for a transport and 1 for a bobtail)\nPhotographs of how tanks are really marked\n124 RAINBOW DRIVE, SUITE 2471 • KINGSPORT, TN • 37663 • DSHELTON@HAZMATRESOURCES.COM & 423-863-2252\n\n<<<PAGE 4>>>\n\nPhotographs of typical markings of inlets and\noutlets on MC331 Cargo Tank Motor Vehicles\nThis is a picture of the\nactual markings on the\ncargo tank that was\nwritten up by the state of\nKentucky.\nLIQUID\nVAPOR\nSPRAY FILL\nVAPOR\nTypical marking on a\ntransport. Note the cargo\ntank outlet by definition is\nmarked.\nVAPOR\nIn addition there are\nmarkings on the piping\nprotection but if the piping\nprotection gets damage\nbecause the cargo tank\noutlet is marked one can\nstill determine the\nfunction of the opening.\nSPAY PIL\n\n<<<PAGE 5>>>\n\nPhotographs of typical markings of inlets and\noutlets on MC331 Cargo Tank Motor Vehicles\nCloseup of marking on the\ncargo tank outlet.\nVAPOR\nSPRAY FILL\nTANK C\nCOUN\nMarking of inlets and\noutlets\nSUCTION\nMarking of inlet and\noutlets on the cargo tank.\nSOLARA\n\n<<<PAGE 6>>>\n\nPhotographs of typical markings of inlets and\noutlets on MC331 Cargo Tank Motor Vehicles\nCloseup of marking on the\npiping protection\nMINSISSI\nCloseup of marking on the\npiping protection\nMarking of inlet and\noutlets on the cargo tank.\n\n<<<PAGE 7>>>\n\nPhotographs of typical markings of inlets and\noutlets on MC331 Cargo Tank Motor Vehicles\nThis is a picture of the\nactual markings a MC331\nbobtail that was written up\nin Kentucky.\nSame as above just a\ndifferent angle.\nInlets and outlets marked\non the cargo tank. This is\nanother CTMV that was\nwritten up in Kentucky.\nLUID\nSPRAY FILL\n\n<<<PAGE 8>>>\n\n04/06/2017 20:03\n812853750500\nWIL TRANPORT\nPAGE 01\n04/07 faxed to KY\nDRIVER/VEHICLE EXAMINATION REPORT\nKentucky State Police\ninSPECT 1.0.96\nCommercial Vehicle Enforcement Division\nReport Number: KYCV44000579\nFrankfort, Kentucky 40601\n919 Versailles Road\nInspection Date: 04/04/2017\nStart: 7:30 AM CT End: 8:28 AM CT\nFax 502-573-0021\nInspection Lovel: I - Full\n6320 E STATE ST\nGRAMMER INDUSTRIES INCORPORATED\nHM inspection Type: Bulk\nDriver: WILLIAMS, LEE A\nUSDOT: 184668\nCOLUMBUS, IN, 47201\nLicense#: 8907770809\nState: IN\nMC/MX#: 152256\nPhone#: (812)579-5655\nDate of Birth: 10/07/1963\nState#:\nFax#: (812)579-5643\nLicense#:\nCoDriver:\nState:\nLocation: HENDERSON WEIGH FACILITY\nDate of Birth:\nCounty: HENDERSON\nHighway: US 0041\nMilepost: 21\nOrigin: NEWBURGH,IN\nShipper: GRAMMER INDUSTRIES\nDestination: CALVERT CITY, KY\nBill of Lading: N/A\nCargo: HAZARDOUS\nMATERIALS\nUnit Iype Make Year State\nVEHICLE IDENTIFICATION\n2 ST MTCI 2010 IN\nKW 2005\n332499\nPlate\nEquipment ID\nZ83666\n702\n867\n1XKWDB9X35J099493 52000\nVIN\nGUWE\nCVSA#\nIssued #\nDOS Sticker\n1MSAT9B2XAV355934 68000\nBRAKE ADJUSTMENTS\nRight\nAxle #\n1\nLeft\n1\n3/4\n2\nChamber\nG-24\n1\n3/4\nC-30\n1/2\nC-30\n1/2\nC-30\n3/4\nC-30\n1\nSection\nVIOLATIONS\n178.337-9C\nLyDE Unit QOS\nN\nCitation t\nWait a Walking Discout MC31: Inet and Outlet piling ia not marker as raquired. Required to\nHazMat: 2.1 LPG\nPlacard: Yes\nCargo Tank: 331 .\nSpecial Checks:\nConducted by Local Jurisdiction\nAlcohol/Controlled Substance Check\nTraffic Enforcement\nX eScreen Inspection\nSize and Weight Enforcement\nPASA Conducted Inspection\nPBBT Inspection\nPost Crash Inspection\nDrug Interdiction Search\nState Information:\nDriver's Lic. Check (Y or N): Y; Cargo Tank Inspection: Y; Bulk Packaging: N; Carrier Validation (Y or N): Y\nGoodman (4325)\nCo-Inspector(s):\ntention Motor Carrier: If the inspection indicates violations/defects on the driver and or vehicle a signed copy of the inspection shall be retumed witl\nday to the address shown at the top left of the inspection. An Inspection absent any type of violation/defect does not need to be ratur\nMotor carriers are required to keep a copy of this inspection on file for 12 months from the date of inspection (49 FR 396.8(d)(3)(il).\nNOTE: Drivers or carriers may challenge the accuracy or valldity of a commercial vehicle inspection, including the issuance of an Out of Service Order,\nby contacting the Federal Motor carrier Safety Administration (FMCSA) at: https://dataqs.fmcsa.dot.cov\nou can make application through the DataQ syster to have the related out of service order rescindec\nyour citation for a fatigue and or illness violation is dismissed by a prosecutor or judge for lack of probable cause, or you are acquitted of the charge\nThe undersigned certifies that all violations noted have been corrected and compliance achjeved with the Federal Motor Carrier Safety and / or Federal\nSignature Of Motor Carrier X: 70th 7 MEZuls\nHazardous Materials Regulations As applicable to moter carriers and drivers.\nTate: aint Date: 04-07-2011\nsafety Rept.\nPage 1 of 2\n00184668 KY KYCV44000579\n\n<<<PAGE 9>>>\n\n84/06/2017 20:03\n812853750500\nWIL TRANPORT\nPAGE 02\nDRIVERIVEHICLE EXAMINATION REPORT\nCommercial Vehicle Enforcement Division\nKentucky State Police\ninSPECT 1.0.96\nRoport Number: KYCV44000579\n919 Versallles Road\nInspection Date: 04/04/2017\nPOLIS\nFrankfort, Kentucky 40601\nStart: 7:30 AM CT End: 8:28 AM CT\nFax 502-573-0021\nInspection Level: 1- Full\nG. Pointe\nReport Prepared By:\nUnit #: Badge #:\nHM Inspection Type: Bulk\nx6. Past\n4400\n4400\nCopy Received By:\nLEE WILLIAMS\nPage 2 of 2\nMARLINIBI\n00184668 KY KYCV44000579\n\n<<<PAGE 10>>>\n\nHighway: KY-0015\nOrigin: HAZARD,KY\nBill of Lading: NA\nCoumy: KNOTT\nDestination: WHITESBURG,KY\nCargo: HAZARDOUS\nMATERIALS\nVEHICLE IDENTIFICATION\nUnil Type Make Year State Plate\nEquipment ID\nVIN\nGWWR CVSA#\nissued #\nOOS SI\n1 TR FRHT 2014 KY 308600\n5049\n3ALACXCYOEDFV4067 33000\nBRAKE ADJUSTMENTS:No brake measurements required for level I! or level I!!\nVIOLATIONS\nSection\nType Unit OOS Citation.# Verity Crash Violations Discovered\n178.337-9C F\n1\nN\nN\nN Marking inlets/oullets MC331: Inlets and outlets not marked only marked on tank wall\nHazMat: 2.1 LPG\nPlacard: Yes\nCargo Tank: 331\nSpecial Checks: No data for special checks\nState Information:\nDriver's Lic. Check (Y or N): Y; Cargo Tank Inspection: Y; Bulk Packaging: Y; Carrier Validation (Y or N): Y\nCo-Inspectors):\nJohnson (4232)\nNotes: UN1075 Propane\nAttention Mutor Carner If the inspeclion indicates violations/defects on the driver and or vehicle a signed copy of the inspection shall be returned with\n15 days lo the address shown at the top left of the inspection. An inspection absent any type of violation/defect does not need to be returned,\nMotor carriers are requred to keep a copy of this inspection on file for 12 months from the date of inspection (49 CFR 396. 9(d)(3)(i.\nNOTE. Divers or carriers may challenge the accuracy or validly of a commercial vehicle inspection, including the issuance of an Out of Service Order\nDy contacting the Federal Motor carrier Safety Administralion (FMCSA) al: https://dataqs.imcsa.dot.gov\nyou can make application through the Data system to have the related out of service order rescinded.\nIt your cifation for a faugue and or illness violation is dismissed by a prosecutor or judge for lack of probable cause; or you are acquitted of the charge\nThe ardensgnes carties that all violations noted have been corected and compliance achieved with the Federal Motor Carier Safely and / or Federal\nHazardous Materals Regulations as applicable to motor carriers and drivers.\nSignature Of Motor Carter X\nTitle:\nDate:\nRepert Prepared By*\nUnit #: Badge#:\nCopy Received By:\nD issac\n4398 4398\nJOHN SPARKS","truncated":false,"body_characters":13895}