Interpretation Response #15-0005 ([Traffic Stripes, LLC.] [Mr. Paul Anderson])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Traffic Stripes, LLC.
Individual Name: Mr. Paul Anderson
Location State: NY Country: US
View the Interpretation Document
Response text:
June 26, 2015
Mr. Paul M. Anderson
President
Traffic Stripes, LLC
16 Devonshire Road
New Rochelle, NY 10804
Reference No. 15-0005
Dear Mr. Anderson:
This is in response to your recent correspondence and March 18, 2015 telephone conversation with a member of my staff requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the use in the United States of foreign-made, non-specification cargo tanks for roadway striping and/or pavement marking. Your initial correspondence was erroneously sent to the Office of Pipeline Safety before it was redirected to the Office of Hazardous Materials Safety.
In your February 19, 2015 e-mail, you attached the following: 1) Borum Tryktank Drawing No. 113441, 2) TÜV Nord Tryktank SP-500 Test Report No. 9120 P 000/10/D/046, 3) PHMSA Press Release No. 02-11, and 4) an electronic code of federal regulations image of § 173.5a printed on October 20, 2014. You ask if pressurized or non-pressurized cargo tanks built to the European Technische Überwachungsvereine (TÜV) Rheinland Group certification may be sold and used in the United States for road striping and/or pavement marking equipment.
Section 173.5a(c) of the HMR permits cargo tanks that do not meet a Department of Transportation (DOT) specification but comply with all other applicable HMR requirements to be used to transport paint and paint related material for roadway striping operations provided the following conditions are met:
- The cargo tank must:
- Transport only those hazardous materials listed in the table under § 173.5a(c)(1).
- Be filled to a capacity that is not greater than liquid full at 130 °F.
- Be securely bolted to a motor vehicle and must –
- Be constructed and certified in conformance with the HMR in effect at the time of its manufacture and must be marked accordingly;
- Have a minimum design pressure of 100 pounds per square inch gauge (psig);
- Have a maximum capacity of 500 gallons;
- For solvents and organic peroxides, the cargo tank may not contain more than 50 gallons;
- Be given an external visual inspection prior to each use to ensure that it has not been damaged on the previous trip;
- Be retested and reinspected in conformance with § 180.407(c) as specified for an MC 331 cargo tank motor vehicle; and
- Be securely mounted to a motor vehicle in conformance with the securement provisions prescribed in 49 CFR 393.100-393.106.Be plainly marked on both sides “ROADWAY STRIPING” near the middle in letters at least two inches high on a contrasting background.
- Not be pressurized when the motor vehicle is traveling to and from job sites.
- Travel 750 miles or less per day.
- Heat thermoplastic resin only during roadway striping operations.
- The owner or operator of the roadway striping vehicle must:
- maintain hydrostatic test records in conformance with § 180.417(b), and
- make those records available to any representative of the DOT upon request.
Section 173.242(b) states that non-DOT specification cargo tank motor vehicles that comply with § 173.5a may be used to transport certain medium hazard liquids and solids, including solids with dual hazards, in the manner prescribed in § 173.5a. Therefore, if you meet the above-described requirements, your non-DOT specification cargo tanks would be authorized.
I hope this satisfies your request.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
173.5a, 173.5a(c), 173.5a(c)(1), 173.242(b)