Interpretation Response #20-0007
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
May 6, 2020
Mr. Adrian Medina
Oxyde Chemicals, Inc.
225 Pennbright Drive
Houston, TX 77090
Reference No. 20-0007
Dear Mr. Medina:
This letter is in response to your January 21, 2020, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the marking of portable tanks. Your company purchases products from a supplier. The supplier, in turn, hires a pre-carriage carrier to execute the land portion of the transport. This activity consist of picking up the empty portable tank, transporting it to the loading facility, and then upon filling, transporting the filled portable tank to the port where it will wait of the main carriage to begin. You cite § 172.300(b) which states "when assigned the function by this subpart, each carrier that transports a hazardous material shall mark each package, freight container, and transport vehicle containing the hazardous material in the manner required by this subpart." You also cite § 172.326 which states "no person may offer for transportation or transport a portable tank containing a hazardous material unless it is legibly marked on two opposing sides with the proper shipping name specified for the material in the §172.101 table. For transportation by vessel, the minimum height for a proper shipping name marked on a portable tank is 65 mm (2.5 inches); except that portable tanks with a capacity of less than 3,000 L (792.52 gallons) may reduce the marking size to not less than 12 mm (0.47 inches)." Your questions are summarized and answered below:
Q1: Does the HMR address who should provide markings with the proper shipping name for portable tanks?
A1: Provided the supplier in your letter performs all offeror and carrier functions, the supplier is responsible for ensuring the shipments conform to the requirements of the HMR. Specifically, an offeror is responsible for ensuring proper labeling and shipping papers under §§ 172.200, 172.204, and 172.400; and an offeror or carrier (when assigned the function) is responsible for markings and placards (if required) under §§ 172.300 and 172.500.
Please note that if you or anyone else performs any pre-transportation functions (as defined in § 171.8) related to the shipment of the portable tanks, including securing the closure on a package, preparing a shipping paper, providing emergency response information, or certifying that a shipment is in proper condition for transportation in conformance with HMR requirements, that person is also responsible for compliance with the HMR.
Q2: Does the HMR address who should supply the markings with the proper shipping name onto the opposing sides as described in § 172.326(a)?
A2: See A1.
I hope this information is helpful. Please contact us if we can be of further assistance.
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
171.8, 172.101, 172.200, 172.204, 172.300, 172.300(b), 172.326, 172.326(a), 172.400, 172.500.
|§ 172.500||Applicability of placarding requirements|