Guidanceguidance
10-0005
Mr. Frits Wybenga — Hazardous Materials Safety Interpretation
Current as of source date Government source
RegulusPipeline researchRegulusPipeline research10-0005
Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration FEB 2 2010 1200 New Jersey Ave. SE Washington. D.C. 20590 Mr. Frits Wybenga Technical Director 1100 H Street, N. W., Suite 740 Washington, DC 20005 Ref. No. 10-0005 Dear Mr. Wybenga: This responds to your January) 2, 2010 email regarding marking of portable tanks under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask. when shipping in accordance with the International Maritime Dangerous Goods (IMDG) Code as authorized by the HMR, whether the technical name ofa hazardous material must be marked as part of the proper shipping name on a portable tank. In your email, you state that our interpretation of the marking requirements for cargo transport units (bulk type packagings) under the IMDG Code (Ref. No. 04-0039; April 6, 2004) differs from an interpretation provided by the United States Coast Guard (USCG) (1 6703/IMDG/2007027; February 27. 2007). Your understanding is that the interpretation provided by the USCG is correct in that the technical name marking requirement in Special Provision 274 is not applicable to a cargo transport unit (e.g., a portable tank) under Chapter 3.3 ofthe IMDG Code. You request that we clarify which letter provides the correct interpretation of the IMDG Code marking requirements. Your understanding is correct. After consultation with the USCG, we concluded that the interpretation provided in the USCG letter is the correct interpretation. For those proper shipping names assigned Special Provision 274 in the Dangerous Goods List ofthe IMDG Code, the requirement to supplement the proper shipping name marking with a technical name applies only to packages. For purposes of the IMDG Code, a portable tank is a cargo transport unit, not a package, and thus, it is not subject to the supplemental marking requirement in Special Provision 274. We will retract our April 6. 2004 letter to avoid any additional confusion. I hope this information is helpful. If you have fut1her questions, please contact this office. hiet: Standards Development I~ of Hazardous Materials Standards#
Page 2Drakeford, Carolyn (PHMSA) From: Mitchell, Hattie (PHMSA) Sent: Tuesday, January 12,20105:44 PM To: Drakeford, Carolyn (PHMSA) Subject: FW: Reminder: Marking of technical names on portable tanks Attachments: 040039.pdf; 2007 HPS - USCG -Marking of portable tanks. pdf; DSC 13-3-10[1].pdf Please log in for handling. From: Frits Wybenga [mailto:fwybenga@dgac.org] Sent: Tuesday, January 12, 2010 5:36 PM To: Kelley, Shane (PHMSA); Mitchell, Hattie (PHMSA) Subject: FW: Reminder: Marking of technical names on portable tanks Shane, Hattie - the two interp letters are at odds. One says you need the technical name as part of the PSN on portable tanks under IMDG while the other says you do not. Based on the DSC discussion at DSC 13 on the Netherlands paper above. DSC concluded that the technical name was not required. Below is an excerpt from DSC 13: Marking of the proper shipping name on tank transport units containing dangerous goods 3.15 The Sub-Committee, having considered the outcome of the group's discussion regarding the marking of the proper shipping name on tank transport units containing dangerous goods and the related document DSC 13/3/10 (Netherlands), agreed that for marine pollutants the correct technical name need not be shown on tanks. 3.16 The Sub-Committee further agreed that, in view of the above decision, an amendment to MARPOl Annex III would be necessary and, as such, prepared a justification for a new work programme item, set out in annex 3. So the USCG is correct and the PHMSA interp is wrong. This is causing confusion among DGAC members. Would be good if you all straightened out the confusion created by Mr. Gale's erroneous response. Note also that contrary to John's letter PSN's are not required on cargo tanks. Frits 1112/2010#
Page 3• 0 .'," 0',~."" U.S. Deportment 400 Seventh SI.. S.W. of Trcnsportctlon Washington. D.C. 20590 APR - 6 2004 ResearCh and Special Programs Administration Mr. Ronald J. Stokes Ret No. 04-0039 ExxonMobil Chemical Company Intennediates, Synthetics Product .steJVardship P.O. Box 3140 Edison, New Jersey 08818 Dear Mr. Stokes: This responds to your March 1,2004 letter, r~questing clarification on marking requirements for bulk packagings under the Hazardous Matenals Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask ifthe technical name is required as part ofthe marking on bulk packagings, s~ch as portable tanks in intennodal movement from highway or rail to vessel. " ,'" 0':, ;f", :!.. ! l~. l' • I. Sections 172.326, 172.328, and 172.330 generally require bulk packagings, such as portable tanks, cargo tanks and tank cars, to be marked with the shlpping name or appropriate common name, and UN identification number. The Htv.tR, dq not require the technical name to be marked on bulk packagings. However, ifyou choosetq,qpso!,it is pennissible. The International Maritime Dangerous Goods (IMDG) Code Special Provision 274 states that, "for the purposes ofdocumentation and pack;ll~~ marking, the proper shipping name shall be supplemented with the technical name" (see 3.1.2.8;1). Therefore, for those materials ~hat are required to comply with Special Provision 274 in Column 6 ofthe ThIDG Dangerous Goods List, you must include the technical name when marking the proper shipping name" on bulk packagings. Use ofthe IMDG Code for transportation through the United States when part ofthe movement ofthe hazardous material is by vessel is authorized under § 171.1Z@)." . I hope this answers your inquiry. Sincerely, ~/I(~'~:' : "J~~ ~ . Chief, Standards Development Office ofHazardous Materials Standards " '. ;:~)'.'. .' 0 ," _'. ," oj,; § 1'1/ . / 2. (b) ~J7z.·3l)2. 1111111111111111111 040039 ~I#
Page 403/81/2604 16:11 732:3216E157 ., ExxonMobll Chemioal Comp3nv Intermediates, Synthetics product Stewardshjp P,O. 8011 3140 Edison. New Jlll'Gey 08818 732 321 6033 Telephone 732321 6051 Facsimile PRODUCT STEWARDSHIP March 1, 2004 U.S. Department ofTranspottatiOll Research aDd Special Programs Administratio;n Attn: Office ofHazardOtt!I Materials S~~ds DHM-IO 400 7th Stteet, SW Washington, DC 20590-0001 Dear Sir or Madam: Queltio,p. Is the tec.bnicaI name required as part oftbe lI1arlciDg o.n bulk paclca.gings? CommeDU After review of the mumg rcquircmenu lit § t72.3oa, §172.326(a) for Portable tImks, §172.328 8: special provision B8S for cargo tanks, and §172.330 :t9f.raiJ tank cars, I fin~ X'o requirement for marldng the technic::al name on bulk packaging. ' Is that an accutatc understanding of,the mar'dl1.!x:~quimmeIlts? './I also take Dote in. a lette1' ofintetpretatiqn dated April 16, 1996 wbete the technical name was shown in cOlljUl1ction with a question con<:eminS ~~~ ofa portable tank, but the applieationofthe techuical name. was not specifically adch:essed in that Te,SJ!I?,~S,c. . Please note this question has com.c up mosr often re~~~ portable ta'Ok$ in intennodal movc:ment (highway to water or rail to water). In these movement$ tbe technical name has been applied, as part of the marking, pursuant to the allowance and reqlrlrCln4?Dt in §l71.1 2(b) and special provision 274 ofthe IMDG Code respectfuUy. . - . , [ may be reached III the address shown above or by telephone at (732) 321·6046 or by email at ron.j.stokes@exx,onmobil.com . Thanking you in advance for your hel)) in thi,,, matwr~ z=g'.r,. ci7i Ron.ald J. Stokes A Division of Exxon Mobil COl'poratlan#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.