Interpretation Response #24-0055

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

Interpretation Response Details

Response Publish Date: 10/29/2024

Company Name: Specialized Professional Services, Inc.

Individual Name: Harry Hopes

Location State: PA Country: US

View the Interpretation Document

Response text:

October 29, 2024

Harry Hopes
Principal
Specialized Professional Services, Inc.
300 Commercial Drive
Washington, PA  15301

Reference No. 24-0055

Dear Mr. Hopes:

This letter is in response to your June 18, 2024, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of hazardous materials in rail tank cars. Specifically, you describe a scenario in which you transport "UN3295, Hydrocarbons, liquid, n.o.s. (Natural Gasoline), 3, PG I" in a DOT-112 tank car that had previously been used to transport unodorized "UN1075, Liquefied petroleum gas, 2.1" (LPG). You state that the "NOT ODORIZED" marking—required by § 172.330(c) for the transportation of unodorized LPG—is left on the tank car, while all other LPG markings and placards are removed and replaced with appropriate markings and placards for the transport of UN3295. You ask whether the HMR require the inclusion of the wording "Non-Odorized" or "Not-Odorized" on the shipping paper when transporting UN3295 in the scenario as described.

There is no HMR requirement to mark "Non-Odorized" or "Not-Odorized" on a tank car transporting UN3295, or to note this on the corresponding shipping papers. However, the "Non-Odorized" and "Not-Odorized" markings are typically only used for LPG. Therefore, leaving the mark on a tank car transporting a different material, especially one with its own distinct odor (regardless of whether an odorant has been added), could be misleading to an inspector or first responder, resulting in further frustration of your shipment or disruption of an incident response scenario. Additionally, leaving markings on the tank car that are not reflected on the shipping papers could result in further frustration of your shipment and could mislead emergency responders during a rail incident. We strongly encourage you to remove or cover up these unnecessary marks.

I hope this information is helpful. Please contact us if we can be of further assistance.

Sincerely,

Alexander Wolcott
Acting Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

172.330(c)

Regulation Sections