{"operation":"document","citation":"18-0005","title":"Commerical Vehicle Safety Alliance — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2018-11-27","effective_on":null,"summary":"18-0005 response to Commerical Vehicle Safety Alliance concerning 172.101, 172.302, 172.326, 172.330, 172.331, 172.332.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0005.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0005.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0005","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/70151/180005.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 2 7 2018\nCollin Mooney\nCommercial Vehicle Safety Alliance\n6303 Ivy Lane, Suite 310\nGreenbelt, MD 20770\nReference No. 18-0005\nDear Mr. Mooney:\nThis letter is in response to your January 5, 2018, letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the marking requirements for\nbulk packagings.\nWe have paraphrased and answered your questions as follows:\nQ 1. You ask when identification numbers are requited on all four sides of the transport\nvehicle.\nAl. If the identification number marking required by§ 172.302(a) for portable tanks, IBCs,\nand consumer storage containers is not visible, the transport vehicle or freight container\nused to transport the bulk packaging must be marked on each side and each end as\nrequired by§ 172.332 with the identification number specified for the material in the\n§ 172.101 Hazardous Materials Table (see §§ 172.326 and 172.331 ).\nQ2. You ask if the marking requirements for a transport vehicle are different for bulk\npackagings with a capacity of less than 1,000 gallons.\nA2. The answer is no. See A 1.\nAdditionally, you are correct in your understanding of the requirement in § 172.330(b)\nthat a motor vehicle used to transport a multi-unit tank car tank containing a hazardous\nmaterial must be marked on each side and each end regardless of the visibility of the\nidentification number marking on the bulk packaging itself. However, for bulk\npackagings other than multi-unit tank car tanks, if the identification number marking\nrequited by§ 172.302(a) is visible no additional identification number markings are\nrequired on the transport vehicle.\n\n<<<PAGE 2>>>\n\nQ3. A3. You ask if it is the Pipeline and Hazardous Materials Safety Administration's intent that\nthe display of the identification number marking on transport vehicles per 49 CFR,\nSubpart D be consistent with the placarding requirements in 49 CFR, Subpart F.\nThe answer is no. Although the requirements for placarding and marking bulk\npackagings may be similar and resemble consistency, they are two separate requirements\nin the HMR.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nirk n\nChief, Stand els Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nff , \"'\"'-\"\"'• ,..__\n~ L O,lt'\\...Q\n~ I 72. 3(6\n_j_ /00\n18 -<XX>S\nCommercial Vehicle Safety Alliance\nImproving uniformity in commercial motor vehicle safety and enforcement\nJanuary 5, 2018\nShane Kelley\nActing Director\nStandard and Rulemaking (PHH-10)\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\n1200 New Jersey Ave., SE\nWashington, DC 20590\nDear Mr. Kelley,\nThe Commercial Vehicle Safety Alliance (CVSA) is a nonprofit association comprised of local, state,\nprovincial, territorial and federal commercial motor vehicle safety officials and industry representatives.\nThe Alliance aims to achieve uniformity, compatibility and reciprocity of commercial motor vehicle\ninspections and enforcement by certified inspectors dedicated to driver and vehicle safety. Our mission is\nto improve commercial motor vehicle safety and uniformity throughout Canada, Mexico and the United\nStates, by providing guidance and education to enforcement, industry and policy makers.\nWith support from the Pipeline and Hazardous Materials Safety Administration's (PHMSA) Community\nSafety Grant program, CVSA provides in-depth training to hazardous materials inspectors throughout the\ncountry. During a recent CVSA Regional Cooperative Hazardous Materials Enforcement Development\n(COHMED) Training session, our instructors were asked a question about displaying identification\nnumbers on a transport vehicle transporting an intermediate bulk container (IBC) when the identification\nnumbers displayed on the IBC are visible from the sides of the transport vehicle. This would be a common\nscenario when a flatbed straight truck is used to transport IBCs or other bulk packaging less than 1000\ngallons. In this case, are the identification numbers required on the front and rear of the transport vehicle?\nThis same scenario would be applicable to portable tanks less than 1000 gallons marked according to\n§172.326, multi-unit tank car tanks marked according to §172.330, other bulk packaging marked\naccording to §172.331 and consumer storage containers less than 1000 gallons shipped per §173.315(j).\nThis scenario would only occur when the bulk packaging is less than 1000 gallons and the packaging is\nvisible.\n6303 Ivy Lane, Sui te 310 Greenbelt, M I yland 20770 30 [-830-6 14 3 www .c vsa org\n\n<<<PAGE 4>>>\n\nWe asked several hazardous materials specialists and instructors around the country this question. They\nall agreed that the vehicle requires identification numbers on all four sides and have taught that for many\nyears.\nWe looked at every interpretation applicable to §172.302, §172.326, §172.330, §172.331, §172.332 and\n§173.315. The following interpretations address the display of identification numbers and this issue either\ndirectly or indirectly: 98-0044, 01-0286, 02-0029, 03-0206, 08-0175, 09-0171, 12-0055, 13-0206, 14-0183,\n15-0120 and 16-0004.\nSubpart Din Part 172 does not have a specific section that addresses identification number marking on\ntransport vehicles. Instead, it is addressed in the following code sections: §172.326(c)(l), §172.330(b) and\n§172.331(c).\nBoth §172.326(c)(l) and §172.331(c) address when identification numbers are not visible on a bulk\npackaging. In those cases, the transport vehicle must display identification numbers on each side and each\nend. Neither code specifies how many identification numbers must be displayed on the transport vehicle\nwhen the identification numbers on the bulk packaging are visible.\n§172.330(b) requires a motor vehicle transporting multi-unit tank car tanks (ton cylinders) to display the\nidentification number on both sides and each end of the motor vehicle, regardless of whether or not the\nidentification numbers displayed on the tank(s) are visible.\nInterpretation 13-0206 gives specific guidance on this issue, which seems to be inconsistent with other\nguidance and what is currently being taught. The following is an excerpt from that interpretation with the\nlanguage that is a concern underlined.\n\"This is in response to your October 31, 2013 e-mail requesting clarification of the Hazardous\nMaterials Regulations {HMR; 49 CFR Parts 171 -180} applicable to identification numbers on\nIntermediate Bulk Containers {IBCs). In your scenario, a 500 gallon /BC containing a Class 8\ncorrosive liquid is transported on an open-sided flatbed truck. The /BC has the correct United\nNations (UN) identification number on orange panels on two opposing sides in accordance with\n§172.302{a)(2). These identification numbers are viewable from either side of the flatbed. You ask\nif the flatbed is also required to display the UN identification numbers on the front and rear of the\nvehicle.\nThe answer is no. As prescribed in §172.302(0), bulk packages with a capacity of less than 1,000\ngallons capacity are required to display identification numbers only on two opposing sides. For\nbulk packages of 1,000 gallons capacity or more, identification numbers must be displayed on all\nfour sides.\"\n2\n6303 Ivy La ne, Sui te 310 Greenbelt, Ma t yland 20770 301·830 ·6143 www.cvsa org\n\n<<<PAGE 5>>>\n\nFrom our analysis, the display of identification numbers on transport vehicles is not specifically addressed\nin the regulations. Specifically, with bulk packaging less than 1000 gallons.\nWe request interpretation on the following issues, so the matter can be uniformly enforced by roadside\ninspectors and the motor carrier industry has a clear understanding of the marking requirements.\n1. 2. 3. When are identification numbers required on all four sides of a transport vehicle?\nAre the requirements for marking a transport vehicle different for bulk packaging(s) less than\n1000 gallons?\nIs it PHMSA's intent that the display of identification number markings on transport vehicles\nper Subpart D be consistent with placarding requirements in Subpart F?\nCVSA works to closely monitor, evaluate and identify potentially unsafe transportation processes and\nprocedures as well as to help facilitate and implement best practices for enhancing safety on our\nhighways. Commercial motor vehicle safety continues to be a challenge and we need the involvement of\nall affected parties to help us better understand these issues and put into place practical solutions. We\nappreciate the opportunity to comment on this proposal and the agency's commitment to safety and\nstakeholder involvement.\nIf you have further questions or comments, please do not hesitate to contact me by phone at 301-830-\n6149 or by email at collinm@cvsa.org.\nRespectfully,\nCollin B. Mooney, MPA, CAE\nExecutive Director\nCommercial Vehicle Safety Alliance\n3\n6303 Ivy Lane, Sui te 310 Greenbelt, Ma1yla11d 20770 30 1-830-6 1'13 www.cvsa org","truncated":false,"body_characters":9110}