# Lowther Johnson Attorneys at Law, LLC — Hazardous Materials Safety Interpretation - **operation:** document - **citation:** 19-0107 - **title:** Lowther Johnson Attorneys at Law, LLC — Hazardous Materials Safety Interpretation - **source type:** guidance - **agency:** Pipeline and Hazardous Materials Safety Administration - **status:** guidance - **official:** true - **published on:** 2020-01-30 - **effective on:** Not available - **summary:** 19-0107 response to Lowther Johnson Attorneys at Law, LLC concerning 178.337. - **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-interpretation-19-0107.json - **markdown:** https://regulus.evalyn.ai/document/phmsa-interpretation-19-0107.md - **app url:** https://regulus.evalyn.ai/document/phmsa-interpretation-19-0107 - **source url:** https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/73316/190107.pdf **body:** <<>> 0 U.S. Department of Transportation Plpellne and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 January 30, 2020 Craig F. Lowther Lowther Johnson Attorneys at Law, LLC 901 St. Louis Street 20th Floor Springfield, MO 65806 Reference No. 19-0107 Dear Mr. Lowther: This letter is in response to your August 14, 2019 and October 2, 2019, letters and subsequent phone conversation requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFRParts 171-180) applicable to the reflective design ofan MC 331 cargo tank. Specifically, you ask whether the cargo tank, as described in your letters and shown in the enclosed photographs, meets the reflective design requirements of§ 178.337-l(d). In your letter, you describe an MC 331 cargo tank wrapped with 3M IJl 80CV3-10 Controltac and 3M Scotchcal Gloss Overlaminate 8518 with UV protection. The enclosed photographs show that the wrap that covers approximately the front half of the MC 331 cargo tank is light gray with a green decal, darkening to a charcoal gray at the tank's midsection. The rear half of the cargo tank is covered with a bright green wrap. You provide temperature test data for the cargo tank and product description data for the wrap. In accordance with§ 178.337-l(d), every uninsulated MC 331 cargo tank permanently attached to a cargo tank motor vehicle shall, unless covered with a jacket made of aluminum, stainless steel, or other bright non.tarnishing metal, be painted a white, aluminum or similar reflecting color on the upper two-thirds of area of the cargo tank. Based on the information provided in your letters, and in conformance with previously issued Letters of Interpretation including Ref. Nos. 11-0067, 14-0180, and 15-0242, the cargo tanks shown in the photographs and data you supplied appear to meet the intent of this section. We recognize the requirements of§ 178.337-l(d) have generated confusion for motor carriers and we may consider amending the section in a future rulemaking. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely. , //~ ,//:7 / / 2/jiJ/~ µti{~~ Chief, Stanclards Development Branch Standards and Rulemaking Division <<>> M EMBERS THEODORE l. J OHNSON, Ill CRAIG F. L OWTHER MICHAEL K . CULLY 1 J OHN W. H OUSLEY D AVID A. FIELDER GLENN P . GREEN THOMAS M . BENSON R AN DY J . REICHARD L EE J . VIOREL K ORY D . STUBBLEFIELD RUSSELL W. C OOK 1 ,2 M ATTHEW J . G ROWCOCK M ATHEW l. P LACZEK A ARO N M . K LUSMEYER K YLE H ARMON G REGGORY D . G ROVES A SSOCIATES N. AUSTIN FAX AIMEE L . M ORRISON MEGAN N. CRESON KEVIN A. S CHARF meys at Law, LLC August 14, 2019 T. Glenn Foster U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave. SE Washington, D.C. 20590 RE: State of Missouri v Robert F. Foley Cass County Case #702915174 Matter ID 33791 -000 Dear Mr. Foster: OFFICE A DM INISTRATOR D EANA THOM LINSON 1 ALSO A DMITTED IN ARKANSAS 2 A LSO A DMITTED IN K ANSAS DIRECT E MAIL CLOWTHER@LOWTHE RJOHNSON.COM 901 S T. L OU IS STREET 20'" F LOOR SPRINGFIELD, M ISSOURI 65806-2592 TELEPHONE : (417) 866-7777 E XT F ACSIMILE: (417) 866-1 752 This letter concerns HMR; 49 CFR Parts 171 -180 applicable to MC 33 1 cargo tanks. I have enclosed a letter from Pro DeZigns stating that Ozark Mountain Energy has a propane trailer that is wrapped using 3M™ IJ 180CV3-10 Controltac TM and 3M TM Scotchcal TM Gloss Overlaminate 8518 with UV Protection. I am told that the trailer has been approved by D.O.T. and is in compliance with their requirements. This letter is to request confirmation of that fact because Ozark Mountain Energy was given a ticket for not complying to the above-cited Federal regulations. I have also enclosed for you a copy of your letter dated May 17, 2011 . At that time, you gave your office's opinion as to cargo tanks that were "wrapped" in a 3M Controltac ™ Graphic Film which was an ultraviolet reflective material. I have also enclosed for you Product Bulletin 8518 from 3M Scotchcal™ that states that the wrap provides additional ultraviolet and durable physical protection . The temperature range for the use of this product is -65° to +225° F. I am told by the installer that the product meets all of D.O.T. 's standards, but I am requesting a formal reply from you confirming that this is true, so I can give it to the local prosecutor. Lastly, I have also enclosed for you three photographs of the trailer in question. would appreciate it if you would confirm for me that the wrap satisfies the standards under §1 78.337 of the HMR. I look forward to hearing from you at your earliest convenience. W EB www.lowtherjohnson.com Very truly yours, A ~ n : ysa c;t LOWTHERJOHN? ON Cr ~ Lowther Enclosures 11 111111111 <<>> The Ozark Mountain Energy propane trailer in question is wrapped using 3M™ IJ180CV3-10 Controltac™ and 3M™ Scotchcal™ Gloss Overlaminate 8518 with UV Protection, approved by D.O.T. in complia nce with t heir requirements. Kind Regards, fli#tWlteat Pro DeZigns 36 Scrivner Rd. Eldon Mo.65026 573.392.0500 Office 573.392.0094 Fax D QE/IGNS_ <<>> U.S. Deportment ofTransportation Pipeline ond Hazardous Materials Safety Administration MAY 1 7 2011 1200 New Jersey Ave, SE Washington, D.C. 20590 Mr. John Anderson Airgas SAFECOR P.O. Box 20067 Cheyenne, WY 82003 Ref. No.: 11-0067 Dear Mr. An~erson: This responds to your March 22, 2011 letter requesting clarincation of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the general requirements for specification MC 331 cargo tanks. · In your letter, you state that your company, Airgas SAFECOR (Airgas), carries pennitted hazardous materials within specification MC 331 cargo tank motor vehicles. You state that' some of your MC 3 31 cargo tanks are painted white with a light teal stripe across the horizontal axis of the tank. Additionally, you state that,tour other MC 331 cargo tanks are "wrapped" in a 3M Controltac ™ Graphic Film with Comply v3 Adhesive. The wrap is an ultraviolet (UV) reflective material that is designed to breathe and resist fading. Y oll provide data of the temperature tests on the striped cargo tanks and product description data for the wrap. Specifically, you ask whether the light teal stripe and the wrap are permitted under§ 178.337 of the HMR. As specified in§ 178.337-l(d), every uninsulated cargo tank pennanently attached to a cargo tank motor vehicle shall, unless covered with a jacket made of aluminum, stainless steel, or other bright non-tarnishing metal, be painted a white, aluminum or similar reflecting color on the upper two-thirds of area of the cargo tank. It is the opinion of this Office that both the light teal "striped" and the .. wrapped" Airgas cargo tanks as shown in the photographs and data you supplied do not conflict with§ 17.8.337-l(d); therefore, you appear to be in compliance with this section. ·' I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, r--7#~~~---. T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division <<>> 3IVI Scotchcal TM Gloss Overlaminate 8518 Description 3M 'M Scotch cal 'M Gloss Over!aminate is a 2-mil film that can enhance gloss and provide additional ultraviolet and durable physical protection for selected digitally-imaged graphic constructions. It is designed for cold roll lamina- tion only. Refer to the base film 's Product Bulletin to de- termine compatibility and durability. Characteristics Characteristic Description Color Clear Gloss Gloss Adhesive Pressure sensitive, clear Liner Polyester Thickness 2 mil (0.05 mm) without adhesive 3-4 mil (0.08 to 0.10 mm) with adhesive Tensile strength (minimum) 5 pounds/inch at 73 ° F (0.9 kg/cm at 23 °C) Dimensional 0.015 inch (0.4 mm) stability ., In use temperature -65 ° to +225 ° F rnnge (-54 ° to +107° C) Chemical • Resists mi ld alkalis, mild acids resistance and salt • Excellent resistance to water • Resists petroleum vapors Product Bulletin 8518 Release A, Effective September 2006 Shelf Life, Storage, and Shipping Activity Recommendation Shelf life Storage conditions Total shelf life: 2 years Up to 2 years unprocessed, OR process within 1 year and apply within 1 year of processing • 86°F (30°C) maximum (Bring to room temperature before using) • Out of sunlight • Clean dry area • Original container Shipping finished Refer to the base film 's Product graphics Bulletin Health and Safety ffi Caution When handling any chemical products, read the manufacturers ' container labels and the Material Safety Data Sheets (MSDS) for important health, safety and environmental information. To obtain MSDS sheets for 3M products: • By fax, call 1-800-364-0768 in the US and Canada or 1-650-556-8417 for all other locations. • Electronically , visit us at http://www.3M.com/ MSDS. • By mail, or in case of an emergency, call 1-800-364-3577 or 1-651-737-6501. When using any equipment, always follow the manufacturers ' instructions for safe operation. <<>> Warranty and Limited Remedy The fo llowing is made in lieu of all other express or im- plied warranties, including any implied warranty of mer- chantability or fitness for a particu lar purpose or implied warranty arising out of a course of dealing, custom or usage of trade: all 3M products are warranted to be free of defects in materials and manufacture at the time of ship- ment and to meet the specifications stated in this Product Bulletin . 3M will replace or refund the price of any unused 3M materials that do not meet this warranty. These reme- dies are exclusive. In no case shall 3M be liable for any direct, indirect, or consequential damages, including any labor or non-3M materials charges. See the Graphics Market Center Warranty Brochure, which gives the terms, additional limitations of the warranty, if any, and limitations of liability. 3M Related Literature Before starting any job, be sure you have the most current Product and Instruction Bulletins. The information in 3M Product and Instruction Bulletins is subject to change. Current Bulletins, as well as a list of all Bu lletins updated within the last three months, are avail- able at www.scotchprint.com or through our Fax-on-De- mand system. Any warranty, if offered, is based on infor- mation in the appropriate Bulletin(s) that was current at the time you purchased the 3M products. The following Product and/or Instruction Bulletins provide the informa- tion and processes you need to properly make the graphics described in this Bulletin . Fax-on-Demand phone numbers: United States or Canada: 1-800-364-0768 International: 1-651-732-6506 I Bulletin No. IFOD No. Subject Product Bulletins Films Please visit our Web site or our Fax- on-Demand system to identify and order the base film bulletins you need. Instruction Bulletins Cold roll lamination 14.22 I 6522 Storage, handling, maintenance, removal I 6.5 I 8505 Warranties Worldwide 3M Graph ics Center Warranty Brochure I 9503 3NI Grnphics Market Center 3M Center, Building 220- 12E-04 PO Box 33220 St. Paul, MN 55 144-3220 USA General Info. 1-800-374-6772 Technical Info. l -800-328-3908 Fax 1-651-736-4233 3M Canada P. O. Box 5757 London, Ontario Canada N6A 4Tl 1-800-265- l 840 Fax 519-452-6245 Fax -on-Demand 1-800-364-0768 US/Ca nada or 1-651-732-6506 International Fax-on-Demand document: 4600 www.3M.com/graphics 3M Mexico, S.A. de C.V. Av. Santa Fe No. 55 Col. Santa Fe, Del. Alvaro Obregon Mexico, D.F. 01210 52-55-52-70-04-00 Fax 52-55-52-70-22-77 3M Puerto Rico, Inc. Puerto Rico Industrial Park P.O . Box 100 Carolina, PR 00986-0100 78 7-620-3000 Fax 787-750-3035 ©3M 2006. All rights reserved. Product Bulletin 8518 - 2 <<>> 750S <<>> <<>> 000 <<>> MEMBERS THEODORE l. JOHNSON, Ill CRAIG F. LOWTHER MICHAEL K . CULLY 1 JOHN W. HOUSLEY DAVID A. FIELDER GLENN P . GREEN THOMAS M. BENSON RANDY J . REICHARD LEE J. VIOREL KORY D . STUBBLEFIELD RUSSELL W. COOK 1,2 MATTHEW J . GROWCOCK MA THEW l. PLACZEK AARON M. KLUSMEYER K YLE HARMON GREGGORY D . G ROVES ASSOCIATES N. AUSTIN FAX AIMEE l. MORRISON MEGAN N. CRESON KEVIN A. S CHARF B. JACOB HASKINS October 2, 2019 Eamonn Patrick U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave. SE Washington, D.C. 20590 RE: State of Missouri v Robert F. Foley; Cass County Case #702915174 Tracking No. 19-0107 Matter ID 33791-000 Dear Patrick: You requested that I have testing done on the Ozark Mountain Energy propane trailer to make sure that the wrap does in fact reflect the UV rays and keep the internal temperature of the tank cool. I have enclosed for you the testing report performed by Trux Trailer and Tractor Repair Inc. located here in Springfield. It looks like the wrap does in fact reflect UV rays, which is the purpose of the regulation, and the report is consistent with th. e previous opinion letter I received from D.O.T. Q.f£!.CE ~DMINISTRATOR DEANA THOMLINSON 1 ALSO A DMITTED IN ARKANSAS 2 ALSO ADMITTED IN K ANSAS DIRECT E MAIL CLOWTHER@LOWTHERJOHNSON.COM I would appreciate it if you would review this report and see if you have enough information to respond to my letter of August 14, 2019. I need this in order to get the Missouri State Highway Patrol to understand that the wrap was placed on the trailer for the purpose of reflecting the UV rays and it does work as advertised, and is not a violation of the D.O.T. regulations. Please call me if you have any questions. 901 ST. LOUIS STREET 20'" FLOOR SPRINGFIELD, MISSOURI 65806-2592 TELEPHONE : (417) 866-7777 E XT FACSIMILE: . _ (417) 866-1752 WEB www.lowtherjohnson .com Very truly yours, LOWTHER JOHNSON r ••y~ w,LLC ~~ L ;~ t ~ er CFL:kcl Enclosure ,r' ,- f I ! f i ~.j : l , ..... .... r:: IIII I 111111111111111 <<>> 1150 E INDUSTRIAL DRIVE Mount Vernon, M@ 65712 Serial Number: K6050773 Alternate ID: # 0773 Reference: # 0773 • Mileage: TERMS OF REPAIR UPON THE EQUIPMENT ON WHICH THE LABOR AND MATERIALS ARE FURNISHED TO SECURE PAYMENT. PAYMENT SHALL BE DUE IN FULL FOR SAID LABOR AND MATER ALS UFON WE UNDERSTAND ANO AUTHORIZE THE LABOR MATERIALS SHOWN HEREON; AND I ACKNOWLEDGE AND UNDERSTAND THAT TRUX TRAILER AND TRACTOR REPAIR, INC SHALL HAVE A LIEN COURT COSTS AND REASONABLE ATTORNEY FEES. ANY LAWSUIT ARISING OUT OF OR RELATING TO THESE REPAIRS MUST BE FILED IN GREENE COUNTY MISSOURI. 1 EXPRESSLY GRANT COMPLETION. ALL SUMS NỘT PAID BY THIS DATE SHALL EARN INTEREST AT A RATE OF 1-1% PERCENT PER MONTH, AND CUSTOMER SHALL PAY ALL COSTS OF COLLECTIONS. INCLUDING TESTING AND/ OR INSPECTION. TO TRUX TRAILER AND TRACTOR REPAIR, INC. PERMIBSION TO OPERATE THE TRUCK OR EQUIPMENT DESCRIBED HEREIN ON STREETS, HIGHWAYS OR ELSEWHERE FOR THE FURPSE OF Phone: 417-466-7632 Alternate Phone: Terms: Service Rep: DJ Cust PO: 0773 Status: CLOSED Due Date: 10/10/2019 Job # Stock Code Description Indications/Work Performed Quantity Price Extended 1 Technician: RECORD AMBIENT AIR TEMPERATURE AND BARREL TEMPERATURE LOADED BARREL TEMP - 81.3 PRODUCT TEMP - 74.0 AMIENT TEMP - 81.0 EMPTY BARREL TEMP - 87.7 • PRODUCT TEMP - 80.0 AMIENT TEMP - 79.0 Parts: 0.00| Labor: 80.00 Sublet: 0.00 Disposal: 0.00 Pickup/Delivery: Shipping: 0.00 Service Call: Tax: 0.00 Total: 80.00 Paid: 0.00 Balance: 80 00 WARRANTY AND DISCLAIMER VORKMANSHIP. TRUX TRAILER ANO TRACTOR REPAIR INCI SOLE LIABILITY SHALL BE TO REPLACE ANY DEPECTIVE PART/S) AND TO MAKE NECESSARY REPAIRS TD THE TRUCK OF ILL LABOR AND MATERIALS SHALL BE WARRANTED BY TRUX TRAILER AND TRACTOR REPAIR, INC FOR 30 DAYS. THIS WARRANTY APPLIES ONLY TO DEFECTS IN MATERIALS ANDIO THE TRUCK OR EQUIPMENT MUST BE RETURNED TO TRUX TRAILER AND TRACTOR REPAIR INC AT TORT LABILITY. SHALL BE LIMITED TO THE WARRANTY HEREIN STATED. IN NO EVENT SHALL TRUX TRAILER AND TRACTOR REPAIR INC TRUX TRAILER AND TRACTOR REPAIR INC. ™ LIABILITY HEREUNDER OR OTHERWISE, WHETHER FOR NEOLIGENCE, BREACH OF CONTRACT OR WARRANTY, OR BE LIABLE FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGE. INCLUDING, BUT NOT LIMITED TO LOST PROFITS, EXPENSES CAUSED BY LOSS OF USE OF VEHICLE, TRANSPORTATION COSTS OR INJURY OR DAMAGE TO PERSON OR PROPERTY. CUSTOMER SIGNATURE LI - **truncated:** false - **body characters:** 16317