{"operation":"document","citation":"19-0116","title":"Robert Lewis — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2020-05-26","effective_on":null,"summary":"19-0116 concerning 172.326, 172.332, 172.503, 172.504, 172.514.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0116.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0116.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0116","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/74026/190116.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMay 26, 2020\nMr. Robert L. Lewis, Jr.\n[ADDRESS RESTRICTED]\nReference No. 19-0116\nDear Mr. Lewis:\nThis letter is in response to your October 3, 2019, and October 8, 2019, emails requesting\nclarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable\nto hazardous material marking requirements for portable tanks. Specifically, you ask whether an\nIM 101 portable tank with a capacity greater than 1,000 gallons, but containing less than 1,000\ngallons, can be marked with the UN identification number “2651” on a POISON placard\n(Division 6.1) on all four sides and with this same UN identification number on an orange panel\non two opposing sides. You state that you encountered an IM 101 portable tank marked and\nplacarded in this manner and enclosed a drawing representing the type and location of signage\nthat you saw.\nThe HMR require an IM 101 portable tank that contains “UN2651, 4, 4”-Diaminodiphenyl\nmethane, 6.1, Packing Group (PG) III,” to be marked and placarded on each side and each end,\nas prescribed in §§ 172.326(c), 172.332, 172.503, and 172.504(a). However, a portable tank\nwith a capacity less than 3,785 liters (1,000 gallons) may, alternatively, be placarded or labeled\non only two opposing side sides as prescribed in § 172.514(c).\nYou also note that the portable tank is marked on two opposing sides with an additional orange\npanel that has the number “60” printed on it. The HMR requires orange panels be marked with a\nUN identification number only (see § 172.332(a) and (b)). The stacked orange panels with the\ntop panel displaying two, three, or four characters is a European Agreement concerning the\nInternational Carriage of Dangerous Goods by Road (ADR) requirement (see ADR §§ 5.3.2.1.1,\n5.3.2.2.3, and 5.3.2.3.2). 49 CFR Part 171, Subpart C (international regulations), permits\nmarking in conformance with the International Civil Aviation Organization (ICAO) Technical\nInstructions, International Maritime Dangerous Goods or (IMDG) Code, or Canadian\nTransportation of Dangerous Goods (TDG) Regulations if a material is hazardous or a dangerous\ngood under any of these regulations. The HMR do not recognize the ADR.\n\n<<>>\n\nWhen a portable tank of hazardous material imported into the United States in conformance with\nthe ICAO Technical Instructions, IMDG Code, or TDG Regulations is permitted to display ADR\nmarkings under these regulations, it may be offered for transportation and transported in the\nUnited States to its final destination under the regulatory structure to which it was prepared and\noffered, but within the limits set forth in the HMR. However, when reoffered for transportation\nwholly within the United States, to comply with the HMR, the orange panels you describe that\ncontain the number “60” must be obscured or removed.\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<<>>\n\nMello Alice and keya,\nPlease see below (and attached image) for letter of interpretation request. The requester spoke with Sarah in the HMIC.\nHe was requesting a letter regarding additional marking and if they're still subject to 172.302(a). We were unable to find\nany concrete guidance about this scenario, but using 172.331, indicated that they would be required to follow the\nregulations if still applying the orange panels with the UN ID in addition to the placard with the UNID and suggested that\nthis method should be avoided to reduce frustration of the shipment but he continued to ask for a letter about this\nscenario.\nPlease contact our office with any questions.\nThank you,\nKathryn, HMIC\nFrom: Lewis Jr., Robert L. [mailto:rllewis@mdot.ms.gov]\nSent: Thursday, October 3, 2019 12:33 PM\nTo: PHMSA HM InfoCenter \nSubject: Request for formal letter of interpretation\nGood afternoon,\nI would like to request a formal letter of interpretation.\nI've come across a company that was hauling an IM-101 portable tank (>1000 gal) that was placarded with the UN\nnumber \"2651\" on each side and each end. It was also displaying, in addition to the placards with the UN number\ndisplayed, an orange panel displaying UN number \"2651\" on each side but not each end. Since the IM-101 tank was\n>1000 gallon capacity does the shipper/company need to display the UN#/orange panel configuration on each side and\neach end even though it is placarded (with the UN number 2651) on each side/end?\nI have drafted and attached a drawing to try and explain visually want I saw and what I am referring to. The picture\nshows a generic truck but it is only to be used as an example.\nfidential\n•Or\n\n<<>>\n\nMISCISSIPPI DEPARTMERT OF TRANSPORTATION\nCONFIDENTIALITY NOTICE This e-mail and any files or attachments may contain confidential and privileged\ninformation.\nIf you have received this message in error, please notify the sender at the above e-mail address and delete it and\nall copies from your system.\n2\n\n<<>>\n\n2651\n2651\n6\n6\n00\n60\n2651\n6\n2651","truncated":false,"body_characters":5239}