{"operation":"document","citation":"22-0063","title":"M-Tac Trucking Compliance LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2022-12-05","effective_on":null,"summary":"22-0063 response to M-Tac Trucking Compliance LLC concerning 173.5a, 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0063.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0063.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0063","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/76996/220063.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nDecember 5, 2022\nMr. Brian A. McGuire\nM-Tac Trucking Compliance LLC\nPO Box 1118\nMullica Hill, NJ 08062\nReference No. 22-0063\nDear Mr. McGuire:\nThis letter is in response to your June 16, 2022, letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to roadway striping vehicles.\nSpecifically, you state that there are conflicting interpretations within the roadway striping\nindustry as to whether roadway striping vehicles transporting certain hazardous materials for the\npurposes of roadway striping operations would be eligible for the provisions for materials of\ntrade specified in § 173.6 of the HMR. You state that “plural component trucks” or “epoxy\ntrucks” used for roadway striping operations have several bulk tanks mounted on them which\neach carry up to 285 gallons of hazardous materials used for roadway striping. Further, you state\nthat it is your opinion that these roadway striping vehicles should be eligible for the materials of\ntrade provisions in § 173.6 because the nature of this business is not transportation, and because\nthese materials are being applied directly to roadways and other paved surfaces. Lastly, you\nrequest formal interpretation of the applicability of § 173.6 to roadway striping operations, and—\nif necessary—consideration for the creation of a new provision for roadway striping vehicles.\nIn the scenario you provided, the quantities of hazardous materials transported in the non-DOT\nspecification cargo tanks on these vehicles exceed the quantity of hazardous materials allowed to\nbe transported under the provisions specified in § 173.6(a)(1)(ii). Currently, roadway striping\nvehicles and packagings are subject to the requirements of § 173.5a(c).\nIf you believe a rulemaking change is warranted, you may submit a petition for rulemaking in\naccordance with 49 CFR 106.95, 106.100, and 106.105 of the HMR, including all information\nneeded to support your petition. Your request would be evaluated for consideration in a future\nupcoming rulemaking. For regulations in 49 CFR Parts 171 through 180, please submit the\npetition to: Standards and Rulemaking Division, Pipeline and Hazardous Materials Safety\nAdministration, PHH-10, U.S. Department of Transportation, East Building, 1200 New Jersey\nAvenue, SE, Washington, DC 20590-0001. Please contact Mr. Steven Andrews in the\n\n<<<PAGE 2>>>\n\nRegulatory Review and Reinvention Branch of the Standards and Rulemaking Division at 202-\n366-8553 for more information.\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<<<PAGE 3>>>\n\nLarson\n22-0063\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Request for a Formal Letter of Interpretation ref: Highway Linestriping Equipment\nDate: Friday, June 24, 2022 11:31:27 AM\nHi Alice,\nPlease see the below interpretation request.\nLet us know if you need anything else.\nRegards,\n-Breanna\nFrom: M-Tac Trucking Compliance <mtactruckingcompliance@gmail.com>\nSent: Thursday, June 16, 2022 3:35 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Request for a Formal Letter of Interpretation ref: Highway Linestriping Equipment\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nRequest for a Formal Letter of Interpretation ref: Highway Linestriping\nEquipment\nTo: Mr Shane Kelley\nDirector, Standards and Rulemaking Division\nUSDOT / PHMSA (PHH-10)\n1200 New Jersey Ave, SE East Building, 2nd Floor\nWashington DC 20590\nFrom: Brian McGuire\nM-Tac Trucking Compliance LLC\nPO Box 1118\nMullica Hill NJ 08062\nRe: Request Formal Letter of Interpretation\nGreetings,\nI am a compliance consultant for various USDOT regulated carriers. It has come to my attention\nthat there is an industry wide discrepancy and conflicting interpretation of the regulations regarding\nPlural Component / Epoxy Highway Line striping Trucks. I spoke with several FMCSA investigators, NJ\nState Trooper (Haz Mat inspectors) and a PHMSA investigator. No one could provide a definitive\nanswer on whether or not the commercial motor vehicle falls under the Material of Trades\nexception of 173.6. Several said it fell under an exception; however, one (1) stated the opposite.\n\n<<<PAGE 4>>>\n\nThe Plural Component Truck (commonly called an Epoxy truck), has several tanks onboard with up to\n285 gallons of UN3267 / Class 8 Corrosive (hardener) and UN3082 Class 9 (coloring/”paint”\ncomponent). The products are in separate 285 gallons tanks. The products are heated, then\npumped through a hose to the nozzle, which combines the products as they are being sprayed on\nthe pavement. By the nature of the business, the commodities are not transported to a receiver, as\na carrier/shipper. They are used on the roadways on various highways or other paved areas. Once\nthe products are in the truck, they are more similar to a “Material of Trade”. The carrier begins the\noperation with specific quantities of an epoxy hardener and “paint”. Those products are dispersed\non the highways/roadway.\nAn August 2021 Safety Advisor Notice – Roadway Striping and Use of Non-DOT Specification Cargo\nTanks addresses the use and inspection of the tanks; however, does not address the “Material of\nTrades” issue.\nI am respectfully requesting an interpretation and if necessary, consideration for the creation of an\nException for Line Striping operations.\nCurrently, very few Line Striping operations are aware of the current regulations and of the handful\nthat I contacted in regards to this matter, most do not have placarding, HME, PHMSA HM\nRegistration, etc.\nI respectfully request an interpretation of the regulations involving Line Striping operations and look\nforward to your clarification.\nRespectfully,\n--\nBrian A. McGuire\n856.430.0197\n856.245.2518 (fax)\nwww.MTacTruckingCompliance.com","truncated":false,"body_characters":6186}