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Interpretation Response #05-0167 ([Boasso America Corporation] [Mr. Tony Ortego])

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

Interpretation Response Details

Response Publish Date:

Company Name: Boasso America Corporation

Individual Name: Mr. Tony Ortego

Location State: LA Country: US

View the Interpretation Document

Response text:

Jan 17, 2006


Mr. Tony Ortego                      Reference No. 05-0167
Hazardous Materials Specialist
Boasso America Corporation
100 Jntermodal Drive
Chalmette, Louisiana 70043

 Dear Mr. Ortego:

This responds to your June 24, 2005 letter requesting clarification on shipping hazardous materials in a portable tank as a bulk export shipment from the port of New Orleans under the Hazardous Materials Regulations (HMR; 49 CFR. Parts 171-180). Specifically, you ask for clarification on the proper shipping name and hazard class for your material, as well as the required markings and placarding for the portable tank.

According to your letter, you are shipping a bulk quantity of a material that meets the defining criteria for a combustible liquid, UN 1993, as well as an environmentally hazardous substance and a marine pollutant for alkyl-(C3-C5)-benzene and solvent naptha. You also state that the portable tank is currently being marked and placarded as a Class 9, Marine Pollutant, and bears no markings as a Combustible liquid, NA 1993.

In accordance with § 173.22, it is the shipper’s responsibility to properly class and describe a hazardous material for transportation. This Office does not perform that function. However, it is the opinion of this Office that the proper shipping description for your material would be ‘Combustible liquid, n.o.s., NA 1993’under the HMR. It is also the opinion of this Office that in accordance with the International Maritime Dangerous Goods (IMDG) Code, the proper shipping description would be ‘Environmentally hazardous substances, liquid, n.o.s., 9, UN 3082, PG III’. Both entries require a technical name. If a reportable quantity of a listed environmentally hazardous substance is contained in one package, the letters “RQ” must be included in association with the shipping paper description. The words “Marine Pollutant” must be included in association with the shipping paper description if a listed marine pollutant is contained in the package.

For domestic transportation, the portable tank must be marked in accordance with § 172.302, 172.322(b), and 172.326 or if part of the shipment is by vessel, the IMDG Code may be used instead of the HMR. The portable tank must be placarded in accordance with § 172.504. Placarding is not required for Class 9 materials when shipped domestically.

I hope this answers your inquiry.


John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
173.22 Shipper's responsibility