{"operation":"document","citation":"21-0046","title":"Jacam Catalyst, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2021-06-24","effective_on":null,"summary":"21-0046 response to Jacam Catalyst, LLC concerning 172.400, 172.514.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0046.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0046.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0046","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/75346/210046.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nJune 24, 2021\nMr. Jason Ontjes\nDOT/Fleet Manager\nJacam Catalyst, LLC\n205 S. Broadway\nSterling, KS 67579\nReference No. 21-0046\nDear Mr. Ontjes:\nThis letter is in response to your April 27, 2021, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to display of hazard\ncommunication (e.g., marks, labels, and placards) on an intermediate bulk container (IBC)\ntransported by highway on a flatbed trailer. Specifically, you provide the following scenario of a\ntransport vehicle carrying IBCs and ask whether it complies with the HMR:\n• Multiple IBCs are transported on a flatbed trailer;\n• The IBCs are marked and labeled, consistent with §§ 172.400(a)(2) and 172.514(c)(4);\n• Straps are used to secure the IBCs to the transport vehicle, which obscure some of the\nmarks and labels displayed on the IBCs; and\n• The transport vehicle is placarded and displays the UN identification number (UN ID#)\nof the hazardous material in the IBCs.\nThe answer is yes. As described in your scenario, the IBCs are appropriately marked and labeled\nin accordance with the HMR. The IBC marks and labels serve as the hazard communication for\nthe package and do not serve as the hazard communication for the transport vehicle. Instead, the\nplacard and display of the UN ID# serve as the hazard communication for the transport vehicle.\n\n<<<PAGE 2>>>\n\nTherefore, the IBC marks and labels may be obscured by a securement strap, similar to how they\nwould be obscured when transported within a closed transport vehicle.\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<<<PAGE 3>>>\n\nGeller\n21-0046\nFrom: INFOCNTR (PHMSA)\nTo: Hazmat Interps\nSubject: FW: Letter of Interpretation\nDate: Wednesday, April 28, 2021 11:52:54 AM\nAttachments: image002.png\nimage004.png\nimage006.png\nimage008.png\nimage010.png\nT0819 LEVEL 1 INSPECTION.heic\nT0819 Level 1 Inspection.pdf\nT0819 Level 1 Inspection (2).heic\nimage001.png\nimage012.png\nimage013.png\nimage014.png\nimage015.png\nHello,\nBelow is a request for letter of interpretation.\nThanks,\nJonathon, HMIC\nFrom: Jason Ontjes [mailto:jason.ontjes@jacamcatalyst.com]\nSent: Wednesday, April 28, 2021 10:34 AM\nTo: PHMSA HM InfoCenter <PHMSAHMInfoCenter@dot.gov>\nSubject: Letter of Interpretation\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.\n4/27/2021\nOffice of Hazardous Materials Standards\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation\nEast Building, 1200 New Jersey Avenue, SE\nWashington, DC 20590-001\nRE: Letter of Interpretation\nDear Office of Hazardous Materials Standards:\nJacam Catalyst, LLC requests a letter of interpretation regarding §172.406(f) Placement of labels\n(visibility).\nOne of our drivers was issued a violation for §172.406(f). The enforcement officer commented that\nthe label was covered by a strap. One of our DOT Coordinators reached out to the officer to discuss\n\n<<<PAGE 4>>>\n\nthe violation and the officer stated that the obstruction was because he considered the cargo strap\nan “attachment”.\nI would request to see the definition of “attachment” in this situation where as the cargo strap is\nbeing utilized to immobilize the IBC. It is not affixed to the IBC and I would state that there is no way\nthat the cargo strap could be defined as being an “attachment” to the IBC, exempting it from the\ninterpretation of obstruction by markings or attachments.\n§172.331(c) “states for a bulk packaging contained in or on a transport vehicle or freight container, if\nthe identification number marking on the bulk packaging (e.g., an IBC) required by §172.302(a) is not\nvisible, the transport vehicle or freight container must be marked as required by §172.332 on each\nside and each end with the identification number specified for the material in the §172.101 table.”\nSince 172.331(c) states “in or on”, and our transport vehicle was marked and placarded\nappropriately on each side and each end, identifying the hazard and identification number of the\nproduct being transported, we were in compliance of Part 172, Subpart D. If labels were required to\nbe clearly visible at all times, than wouldn’t all box van trucks, van trailers or flatbed vehicles with\nstake sides be in violation? They are not in violation because each side and each end are\nappropriately marked and placarded identifying the hazard.\nThank you very much for your time and I look forward to your response.\nRespectfully,\nJason Ontjes\nDOT/Fleet Manager\nM: (620) 960-6880 T: (620) 278-3355\nE: jason.ontjes@jacamcatalyst.com\n205 S. Broadway, Sterling, KS 67579\nCorporate:\n11999 E. U.S. Hwy 158\nGardendale, TX 79758\nwww.jacamcatalyst.com","truncated":false,"body_characters":5058}