{"operation":"document","citation":"99-0087","title":"New York State Police — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-03-10","effective_on":null,"summary":"99-0087 response to New York State Police concerning 177.834.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0087.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0087.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0087","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1999/990087.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nJ.S. Department\nMAR IO 2000\n400 Seventh Street. S.W\nWashington, D.C. 20590\nResearch and\nSpecial Program:\nAdministratior\nRef. No. 99-0087\nTrooper George Okst\nNew York State Police\nTroop F\n55 Crystal Run Rd.\nMiddletown, NY 10941\nDear Trooper Okst:\nThis is in\nresponse to your request for clarification of\n49 CFR 177.834 (İ) regarding the closure of manholes and valves\non an MC 307 multi-cargo tank motor vehicle.|\nYour request is\nbased on a letter we received from Mr. Bob Bonich of Suttles\nTruck Leasing, Inc.\nSpecifically, you ask whether a manhole\nclosure on an individual cargo tank that has been emptied and\ncleaned must be securely closed if the other cargo tanks\ncontain hazardous materials.\nThe answer is no.\nA cargo tank motor vehicle as defined in\n§ 171.8, means a\nmotor vehicle with one or more cargo tanks\npermanently attached to or forming an integral part of the\nmotor vehicle.\nEach \"cargo tank\" is a bulk packaging. In\naccordance with $ 173.29 (b), an empty packaging that has been\ncleaned of residue and purged of vapors and that meets the\nprovisions in\nsubparagraphs (b) (1) and (b) (3) is excepted from\nall other requirements of the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180). In the case of a multi-cargo\ntank motor vehicle, each individual cargo tank is a separate\npackaging.\nTherefore, the manhole closure on an empty and\nclean cargo tank meeting the requirements of § 173.29 (b) need\nnot be securely closed.\nI hope this information is helpful.\nPlease contact this\noffice if you need additional assistance.\nSincerely,\nHatle z. mithell\nHattie I. Mitchell, Chief\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n990087\n177.834\n- —\n\n<<<PAGE 2>>>\n\nSUTTLES TRUCK LEASING, INC.\nAMERICA'S BEST\n(334) 289-0670\n1-800-445-1989 * AL Wats 1-800-821-8051\nP.O. Box 129 * Highway 43 South * Demopolis, Alabama 36732\nmack\nMarch 29, 1999\n8177.834\n99-0087\nDavid LeMaster\nHazardous Material Specialist\nOffice of Motor Carrier\n500 East Blvd, Suite 200\nMontgomery, AL 36117\nRe: Interpretation\nDear Mr. LeMaster,\nOn 03/18/99 our driver Jeff Reeves had a roadside inspection conducted by the New\nYork State Department of Transportation and cited for the violation of 177.834(J)\n\"manhole not closed compartment 4\" to which we are seeking an interpretation.\nThe tank inspected has our unit # ST163 and is a 1991 Brenner MC307 (5)\ncompartment tank. (See exhibit I.) This trailer when inspected contained non-\nhazardous products in compartments #1 and #5. Compartments #2 and #3 contained\nhazardous products (corrosive). The #4 compartment contained no product and was\nempty and cleaned. Since this is a (5) compartment tank, each compartment is a\n\"cargo\" tank, and each compartment (cargo) must meet the regulation requirements.\nThe officer cited us for violation of 177.834(J). (See copy.) This section refers to\nmanholes and valves closed when driving a cargo tank or drive a cargo tank motor\nvehicle, containing a hazardous material. Compartment #4 or cargo tank #4 had no\nhazardous material in it. The compartment was empty, and had been cleaned. We\ncontend that 177.834(J) does not apply to compartment #4 and we should not have\nbeen cited. I am enclosing copies of the paper verifying that compartment 1, 2, 3, and\n5 had product in them. (See exhibit II.)\n-\n\n<<<PAGE 3>>>\n\nDavid LeMaster\nMarch 29, 1999\nPage 2\nThis tank (all compartments) was cleaned at Calumet Tank Wash, Chicago, IL and then\nticket for \"manhole not secure\". (See exhibit II.) We plan to defend our position with\ndriver went to Albright-Wilson, Blue Island, IL and loaded. Our driver received a traffic\nNew York DOT and would appreciate an interpretation as soon as possible.\nRespectfully,\nSUTTLES TRUCK LEASING, INC.\nBob Bonich\nV.P. Human Resources\nBB/rj\nenclosure","truncated":false,"body_characters":3807}