Interpretation Response #24-0043
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Usher Transport Inc.
Individual Name: Jed Hudson
Location State: KY Country: US
View the Interpretation Document
Response text:
August 22, 2024
Jed Hudson
Safety Manager
Usher Transport Inc.
3801 Shanks Lane
Louisville, KY 40216
Reference No. 24-0043
Dear Mr. Hudson:
This letter is in response to your May 29, 2024, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the "emergency shutoff" marking on cargo tanks. You provided photographs of a cargo tank motor vehicle (CTMV) that has two markings in separate locations. The primary marking is located directly beside the manually-activated remote shutoff device on the rear-end tank protection device, but the marking is damaged. The secondary marking is located on the right rear side of the cargo tank, pointing vertically downward in a manner you believe is in an area immediately adjacent to the manually-activated remote shutoff device. You also note a previous letter of interpretation (Reference No. 17-0029), which you believe represents your current situation regarding the placement of the secondary "emergency shutoff" marking on the cargo tank. Acknowledging that the primary marking is weathered and damaged such that it does not satisfy the marking requirement, you ask whether the secondary marking satisfies the requirement of § 172.328(d) to have an "emergency shutoff" marking "located in an area immediately adjacent to the means of closure."
The HMR do not define the term "adjacent," but a common dictionary definition of the term "adjacent" means to be nearby or immediately preceding or following. Based on the photographs you provided, it is the opinion of this Office that the secondary "emergency shutoff" marking located on the right rear side of the cargo tank does not meet the intent of § 172.328(d) because the marking is not in "an area immediately adjacent (emphasis added) to the means of closure." Moreover, the secondary marking has an arrow pointing vertically downward towards a section of the CTMV on the back side of the framing on which the rear placard is displayed that does not accurately point towards the means of closure of the shutoff device, which is located at the rear of the CTMV below the placard. Please note that the position where the damaged primary marking is located would meet the intent of § 172.328(d).
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
172.328(d)
Regulation Sections
| Section | Subject |
|---|---|
| 172.328 | Cargo tanks |