Interpretation Response #20-0083

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 02/05/2021

Company Name: Growmark, Inc.

Individual Name: Tom Bryant

Location State: IA Country: US

View the Interpretation Document

Response text:

February 5, 2021

Tom Bryant
GTTC Compliance Manager
Growmark, Inc.
2320 SE Maxwell Drive
Waukee, IA  50263

Reference No. 20-0083

Dear Mr. Bryant:

This letter is in response to your October 27, 2020, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the reflective design of a jacket or paint covering an uninsulated cargo tank. Specifically, you provide a photograph of a cargo tank, which shows the cargo tank (indicated as a MC 331 cargo tank) painted red on the upper portion (i.e., the upper third or quarter) and white with text lettering on the lower portion of the cargo tank. You also indicate that the paint company asserts that the red paint has reflective properties.

We have paraphrased and answered your questions as follows:

Q1. You ask whether the paint scheme shown in the photograph provided meets the requirements of § 178.337-1(d).

A1. Based on just the photographic evidence provided in your request, this Office is not able to determine the reflectivity of the red paint. As noted in your email, § 178.337 1(d) requires "every uninsulated [MC 331] cargo tank permanently attached to a cargo tank motor vehicle be, unless covered with a jacket made of aluminum, stainless steel, or other bright nontarnishing metal, painted a white, aluminum, or similar reflecting color on the upper two-thirds of area of the cargo tank." Consistent with previously issued Letters of Interpretation including Ref. Nos. 11-0067, 14-0180, 15-0242, and 19-0107, if the paint on the upper two-thirds of the cargo tank is white, aluminum, or a similar reflecting color to white or aluminum, it would be in compliance with the § 178.337 1(d).

Q2. You ask whether there is a list of reflective colors that meet the requirement in § 178.337-1(d).

A2. The answer is no.  The HMR does not specify paint properties or colors that would be deemed as a "similar reflecting color."

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