Interpretation Response #19-0107
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Lowther Johnson Attorneys at Law, LLC
Individual Name: Craig F. Lowther
Location State: MO Country: US
View the Interpretation Document
Response text:
January 30, 2020
Craig F. Lowther
Lowther Johnson Attorneys at Law, LLC
901 St. Louis Street
20th Floor
Springfield, MO 65806
Reference No. 19-0107
Dear Mr. Lowther:
This letter is in response to your August 14, 2019 and October 2, 2019, letters and subsequent phone conversation requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the reflective design of an MC 331 cargo tank. Specifically, you ask whether the cargo tank, as described in your letters and shown in the enclosed photographs, meets the reflective design requirements of § 178.337-1(d).
In your letter, you describe an MC 331 cargo tank wrapped with 3M IJ180CV3-10 Controltac and 3M Scotchcal Gloss Overlaminate 8518 with UV protection. The enclosed photographs show that the wrap that covers approximately the front half of the MC 331 cargo tank is light gray with a green decal, darkening to a charcoal gray at the tank's midsection. The rear half of the cargo tank is covered with a bright green wrap. You provide temperature test data for the cargo tank and product description data for the wrap.
In accordance with § 178.337-1(d), every uninsulated MC 331 cargo tank permanently attached to a cargo tank motor vehicle shall, unless covered with a jacket made of aluminum, stainless steel, or other bright nontarnishing metal, be painted a white, aluminum or similar reflecting color on the upper two-thirds of area of the cargo tank.
Based on the information provided in your letters, and in conformance with previously issued Letters of Interpretation including Ref. Nos. 11-0067, 14-0180, and 15-0242, the cargo tanks shown in the photographs and data you supplied appear to meet the intent of this section. We recognize the requirements of § 178.337-1(d) have generated confusion for motor carriers and we may consider amending the section in a future rulemaking.
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
178.337-1(d)
Regulation Sections
| Section | Subject |
|---|---|
| 178.337-1 | General requirements |