{"operation":"document","citation":"20-0083","title":"Growmark, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2021-02-05","effective_on":null,"summary":"20-0083 response to Growmark, Inc. concerning 178.337.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0083.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0083.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0083","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/74721/200083.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nFebruary 5, 2021\nTom Bryant\nGTTC Compliance Manager\nGrowmark, Inc.\n2320 SE Maxwell Drive\nWaukee, IA 50263\nReference No. 20-0083\nDear Mr. Bryant:\nThis letter is in response to your October 27, 2020, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the reflective\ndesign of a jacket or paint covering an uninsulated cargo tank. Specifically, you provide a\nphotograph of a cargo tank, which shows the cargo tank (indicated as a MC 331 cargo tank)\npainted red on the upper portion (i.e., the upper third or quarter) and white with text lettering on\nthe lower portion of the cargo tank. You also indicate that the paint company asserts that the red\npaint has reflective properties.\nWe have paraphrased and answered your questions as follows:\nQ1. You ask whether the paint scheme shown in the photograph provided meets the\nrequirements of § 178.337-1(d).\nA1. Based on just the photographic evidence provided in your request, this Office is not able\nto determine the reflectivity of the red paint. As noted in your email, § 178.337-1(d)\nrequires “every uninsulated [MC 331] cargo tank permanently attached to a cargo tank\nmotor vehicle be, unless covered with a jacket made of aluminum, stainless steel, or other\nbright nontarnishing metal, painted a white, aluminum, or similar reflecting color on the\nupper two-thirds of area of the cargo tank.” Consistent with previously issued Letters of\nInterpretation including Ref. Nos. 11-0067, 14-0180, 15-0242, and 19-0107, if the paint\non the upper two-thirds of the cargo tank is white, aluminum, or a similar reflecting color\nto white or aluminum, it would be in compliance with the § 178.337-1(d).\n\n<<>>\n\nQ2. You ask whether there is a list of reflective colors that meet the requirement in\n§ 178.337-1(d).\nA2. The answer is no. The HMR does not specify paint properties or colors that would be\ndeemed as a “similar reflecting color.”\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nGeller\n20-0083\nFrom: INFOCNTR (PHMSA)\nTo: Date: Dodd, Alice (PHMSA); Hazmat Interps\nSubject: FW: 178.337-1 Question\nWednesday, October 28, 2020 11:57:45 AM\nAttachments: image002.png\nDear Alice,\nPlease see below for a letter of interpretation request.\nPlease contact our office with any questions.\nThank you,\nSarah (HMIC)\nFrom: Bryant, Tom [mailto:TBryant@growmark.com]\nSent: Tuesday, October 27, 2020 1:21 PM\nTo: INFOCNTR (PHMSA) \nSubject: RE: 178.337-1 Question\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or\nopen attachments unless you recognize the sender and know the content is safe.\nHi Sarah, Below is the information as requested.\nThomas William Bryant\n515-512-2538\n2320 se Maxwell dr\nWaukee, IA 50263\nFrom: INFOCNTR (PHMSA) \nSent: Tuesday, October 27, 2020 11:44 AM\nTo: Bryant, Tom \nSubject: RE: 178.337-1 Question\nThis message was sent from outside the GROWMARK Enterprise. Please do not click links, respond directly to sender\nor open attachments unless you recognize the source of this email and know the content and trusted sender are\nsafe.\nDear Tom,\nWe have received your request for a written letter of interpretation regarding the hazardous\nmaterials regulations (49 CFR Parts 171-180). The hazardous materials regulations are available at\nthe following URL:\n\n<<>>\n\nhttps://www.phmsa.dot.gov/phmsa-regulations\nHowever, before we can submit your request for processing, please respond to this email with:\nFull Name\nPhysical Mailing Address\nTelephone Number\nSincerely,\nSarah, Hazardous Materials Specialist\nAn e-mail response from this office is considered informal guidance. Formal guidance may be\nrequested in accordance with 49 CFR 105.20. https://www.phmsa.dot.gov/standards-\nrulemaking/hazmat/hazardous-materials-information-center\nFrom: Bryant, Tom [mailto:TBryant@growmark.com]\nSent: Tuesday, October 27, 2020 11:48 AM\nTo: INFOCNTR (PHMSA) \nSubject: 178.337-1 Question\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or\nopen attachments unless you recognize the sender and know the content is safe.\nTo Whom it may concern,\nI’m seeking an interpretation on the reflective design regulation in section 178.337-1 (4). The\nreasoning is, I have a customer with a 331 that wants to paint more of their units with the paint\nscheme in the attached picture. We have contacted the paint company and we were told the red has\nreflective properties. In my opinion, the regulation wording specifically says, ”or similar reflecting\ncolor.” That is all the regulation is asking to us to verify. With that, I have two questions:\n1. Does the picture provided with a red stripe across the top of a 331 meet the HMR\nrequirement stated in section 178.337-1 (4) in PHMSA/DOT opinion.\n2. Could PHMSA provide more input on what other reflective colors would meet the HMR\nrequirement.\nThank you for your time,\nTom Bryant|GTTC Compliance Manger| GROWMARK, Inc. | Ph: 515-512-2538\ntbryant@growmark.com\n\n<<>>\n\nGROWMARK\nTANK & TRUCK CENTER\nsu l","truncated":false,"body_characters":5482}