Boasso America Corporation — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh Street, S.W. Washington, D.C. 205:90 Pipeline and Hazardous Materials Safety Administration SEP 22 2005 Mr. Tony Ortego Ref. No. 05-0166 Boasso America Corporation Hazardous Materials Specialist 100 Intermodal Drive Chalmette, LA 70043 Dear Mr. Ortego: This is in response to your inquiry requesting clarification regarding the marking requirements for portable tanks containing residue as specified under § 172.302 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your scenario is based on transport of a 5,000 gallon portable tank that was originally imported to a plant in the United States from overseas by vessel in accordance with the International Maritime and Dangerous Goods (IMDG) Code, as authorized under § 171.12(b). Your letter does not contain sufficient information for us to respond to your request. Our efforts to contact you by telephone have been unsuccessful. Please contact me at 202-366- 8553 or 1-800-467-4922 to discuss this matter. Sincerely, Hothe z mithed Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards 172-302 (b 050166#

Page 2Satterthwaite §172.302 (b) 10-0000 June 24, 2005 Marking 05 - 0166 Mr. Edward T. Mazzullo BOASSO AMERI Director, Office of Hazardous Material Standards 400 7* St. S.W. U.S. DOT/PHMSA (PHH-10) Washington, D.C. 20590-0001 Dear Sir: I am requesting an interpretation on the following issue. Bulk liquid material is being imported via portable tanks into the United States. The consignee is listed as a plant inside of the U.S. From the plant the portable tank is returned to the port or moved to a terminal, also inside of the U.S., for cleaning. The material is regulated by DOT and IMDG and is being transported under an IMDG formatted shipping paper. The markings on the tank, i.e., the proper shipping name, is on opposite sides of the tank, but in letters less than 2" in size. Would the tank be allowed to be transported to another location, inside the United States, for cleaning, or for export shipment empty, with the proper shipping name size less than This material is being actively transported so your prompt assistance would be appreciated. Ot Hazardous Material Specialist Tony Ortego Boasso America Corporation 100 Intermodal Dr. Chalmette, La. 70043 Boasso Amer ca Corporation Chalmette, LA 7004: 100 Intermodal Driv Tel: (504)279-3544 www.boassoanerica.com Fax: (504)277-0113 Certificate Number: 31089 ISO 9002#