Jacam Catalyst, LLC — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 June 24, 2021 Mr. Jason Ontjes DOT/Fleet Manager Jacam Catalyst, LLC 205 S. Broadway Sterling, KS 67579 Reference No. 21-0046 Dear Mr. Ontjes: This letter is in response to your April 27, 2021, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to display of hazard communication (e.g., marks, labels, and placards) on an intermediate bulk container (IBC) transported by highway on a flatbed trailer. Specifically, you provide the following scenario of a transport vehicle carrying IBCs and ask whether it complies with the HMR: • Multiple IBCs are transported on a flatbed trailer; • The IBCs are marked and labeled, consistent with §§ 172.400(a)(2) and 172.514(c)(4); • Straps are used to secure the IBCs to the transport vehicle, which obscure some of the marks and labels displayed on the IBCs; and • The transport vehicle is placarded and displays the UN identification number (UN ID#) of the hazardous material in the IBCs. The answer is yes. As described in your scenario, the IBCs are appropriately marked and labeled in accordance with the HMR. The IBC marks and labels serve as the hazard communication for the package and do not serve as the hazard communication for the transport vehicle. Instead, the placard and display of the UN ID# serve as the hazard communication for the transport vehicle.#

Page 2Therefore, the IBC marks and labels may be obscured by a securement strap, similar to how they would be obscured when transported within a closed transport vehicle. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Dirk Der Kinderen Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3Geller 21-0046 From: INFOCNTR (PHMSA) To: Hazmat Interps Subject: FW: Letter of Interpretation Date: Wednesday, April 28, 2021 11:52:54 AM Attachments: image002.png image004.png image006.png image008.png image010.png T0819 LEVEL 1 INSPECTION.heic T0819 Level 1 Inspection.pdf T0819 Level 1 Inspection (2).heic image001.png image012.png image013.png image014.png image015.png Hello, Below is a request for letter of interpretation. Thanks, Jonathon, HMIC From: Jason Ontjes [mailto:jason.ontjes@jacamcatalyst.com] Sent: Wednesday, April 28, 2021 10:34 AM To: PHMSA HM InfoCenter <PHMSAHMInfoCenter@dot.gov> Subject: Letter of Interpretation CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe. 4/27/2021 Office of Hazardous Materials Standards Pipeline and Hazardous Materials Safety Administration U.S. Department of Transportation East Building, 1200 New Jersey Avenue, SE Washington, DC 20590-001 RE: Letter of Interpretation Dear Office of Hazardous Materials Standards: Jacam Catalyst, LLC requests a letter of interpretation regarding §172.406(f) Placement of labels (visibility). One of our drivers was issued a violation for §172.406(f). The enforcement officer commented that the label was covered by a strap. One of our DOT Coordinators reached out to the officer to discuss#

Page 4the violation and the officer stated that the obstruction was because he considered the cargo strap an “attachment”. I would request to see the definition of “attachment” in this situation where as the cargo strap is being utilized to immobilize the IBC. It is not affixed to the IBC and I would state that there is no way that the cargo strap could be defined as being an “attachment” to the IBC, exempting it from the interpretation of obstruction by markings or attachments. §172.331(c) “states for a bulk packaging contained in or on a transport vehicle or freight container, if the identification number marking on the bulk packaging (e.g., an IBC) required by §172.302(a) is not visible, the transport vehicle or freight container must be marked as required by §172.332 on each side and each end with the identification number specified for the material in the §172.101 table.” Since 172.331(c) states “in or on”, and our transport vehicle was marked and placarded appropriately on each side and each end, identifying the hazard and identification number of the product being transported, we were in compliance of Part 172, Subpart D. If labels were required to be clearly visible at all times, than wouldn’t all box van trucks, van trailers or flatbed vehicles with stake sides be in violation? They are not in violation because each side and each end are appropriately marked and placarded identifying the hazard. Thank you very much for your time and I look forward to your response. Respectfully, Jason Ontjes DOT/Fleet Manager M: (620) 960-6880 T: (620) 278-3355 E: jason.ontjes@jacamcatalyst.com 205 S. Broadway, Sterling, KS 67579 Corporate: 11999 E. U.S. Hwy 158 Gardendale, TX 79758 www.jacamcatalyst.com#