Interpretation Response #13-0128 ([Linde Gas North America LLC] [Mr. Guy Dalton])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Linde Gas North America LLC
Individual Name: Mr. Guy Dalton
Location State: OH Country: US
View the Interpretation Document
Response text:
September 9, 2013
Mr. Guy Dalton
Head of Transport Compliance Safety
Linde Gas North America LLC
130 Briar Hill
Painesville, Ohio 44077
Ref. No.: 13-0128
Dear Mr. Dalton:
This responds to your June 7, 2013 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the marking of cargo tanks permanently affixed inside delivery trucks. In your letter you state that your company, Linde Gas North America LLC (Linde), transports medical grade oxygen (refrigerated liquid) in cargo tanks inside the cargo compartments of home healthcare delivery vehicles. You state that the cargo tanks are not visible from the exterior of the vehicle, and that the cargo tanks are permanently affixed in the front of the cargo box and are accessed by a side door. You state that the controls for discharge of the product as well as all other required gauges, valves, and pressure relief devices are visible when opening the side door. Further, you state that the opposing sides and ends of the cargo tanks cannot be accessed once installed permanently in the vehicles. Your questions are paraphrased and answered below.
Q1: Where must the required identification (ID) number markings be affixed to a cargo tank containing a gas that is permanently installed within the enclosed cargo body of a transport vehicle?
A1: In accordance with § 172.328(a)(3), for a cargo tank transported on or in a transport vehicle, if the ID number marking on the cargo tank would not normally be visible during transportation, the transport vehicle must be marked on each side and each end with the identification number specified for the material in the Hazardous Materials Table (HMT; § 172.101).
However, an exception is provided by § 172.328(a)(3)(ii) in that when a cargo tank is permanently installed within an enclosed cargo body of a transport vehicle, the ID number marking need only be displayed on each side and end of a cargo tank that is visible when the cargo tank is accessed. In your scenario, you may take advantage of this exception and mark the required ID number on each side and end of the cargo tank that is visible when the cargo tank is accessed.
Q2: Where must the required proper shipping name or common name marking be affixed to a cargo tank containing a gas that is permanently installed within the enclosed cargo body of a transport vehicle?
A2: In accordance with § 172.328(b), except for certain nurse tanks which must be marked as prescribed in § 173.315(m), each cargo tank transporting a Class 2 (gas) material must be marked, in lettering no less than 50 mm (2.0 inches), on each side and each end with: (1) the proper shipping name specified for the gas in the HMT; or (2) an appropriate common name for the material (e.g., “Refrigerant Gas”).
Q3: In our scenario, does the authorization for marking the ID number only on the surface of the cargo tank that is normally accessed applicable to the proper shipping name marking requirement?
A3: The answer is no, please see A2.
Q4: In our scenario, if the answer to Q3 is no, what would be the appropriate regulatory requirements?
A4: Please see A2.
I trust this satisfies your inquiry. Please contact us if we can be of further assistance.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
172.328, 173.315
Regulation Sections
| Section | Subject |
|---|---|
| 172.328 | Cargo tanks |