Interpretation Response #07-0212 ([Georgia Department of Public Safety] [Capt. Bruce Bugg])

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

Interpretation Response Details

Response Publish Date: 02/27/2008

Company Name: Georgia Department of Public Safety

Individual Name: Capt. Bruce Bugg

Location State: GA Country: US

View the Interpretation Document

Response text:

February 27, 2008

Capt. Bruce Bugg

Motor Carrier Compliance Division

Georgia Department of Public Safety

P.O. Box 1456

Atlanta, GA 30371

Ref. No. 07-0212

Dear Capt. Bugg:

This responds to your request for clarification of the requirements pertaining to the use of trade names and common names under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state that a cargo tank is marked with the trade name "Emixal" followed by "Refrigerated gas" and that the shipping papers contain the shipping description, "Gas, refrigerated liquid, n.o.s., (Argon, Oxygen), 2.2, UN3158" without the trade name in association with the basic description. Specifically, you ask whether the use of the trade name as a common name and used in this manner is acceptable under § 172.328(b)(2).

You submitted for our review copies of the shipping paper, materials safety data sheet and a photograph of the cargo tank marking. The photograph shows a cargo tank marked as follows:

EMIXAL

REFRIGERATED LIQUID

Section 172.328(b)(2) provides for a common name to be marked in place of the proper shipping name on a cargo tank. Neither the description "Refrigerated Liquid" nor "Emixal, Refrigerated Liquid" is an acceptable common name for the subject gas mixture and, therefore, does not satisfy the marking requirement in § 172.328(b)(2). Emixal appears to be a trade name. Under § 172.304(a)(4), non-required markings, such as a trade name, would be acceptable if displayed away from the required hazard markings in a manner that does not substantially reduce its effectiveness.

When a common name is used to meet the marking requirements for a cargo tank, that action does not affect the shipping paper requirements. The assigned basic shipping description "Gas,

refrigerated liquid, n.o.s., (Argon, Oxygen), 2.2 UN3158" is correct. The notation of a common name on the shipping papers would be considered additional information and may be included on the shipping paper in accordance with § 172.203.

I hope this information is helpful. Please contact this office if you have further questions.

Sincerely,

Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

172.328(b)(2), 172.203

Regulation Sections