{"operation":"document","citation":"13-0128","title":"Linde Gas North America LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-09-06","effective_on":null,"summary":"13-0128 response to Linde Gas North America LLC concerning 172.328.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0128.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0128.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0128","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130128.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nSEP 0 6 2013\nMr. Guy Dalton\nHead ofTransport Compliance Safety\nLinde Gas North America LLC\n130 Briar Hill\nPainesville, Ohio 44077\nRef. No.: 13-0128\nDear Mr. Dalton:\nThis responds to your June 7, 2013 letter requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to the marking of cargo tanks\npermanently affixed inside delivery trucks. In your letter you state that your company, Linde\nGas North America LLC (Linde), transports medical grade oxygen (refrigerated liquid) in\ncargo tanks inside the cargo compmiments of home healthcare delivery vehicles. You state\nthat the cargo tanks are not visible from the exterior of the vehicle, and that the cargo tanks\nare permanently affixed in the front of the cargo box and are accessed by a side door. You\nstate that the controls for discharge of the product as well as all other required gauges, valves,\nand pressure relief devices are visible when opening the side door. Further, you state that the\nopposing sides and ends of the cargo tanks cannot be accessed once installed permanently in\nthe vehicles. Your questions are paraphrased and answered below.\nQ 1: Where must the required identification (ID) number markings be affixed to a cargo\ntank containing a gas that is permanently installed within the enclosed cargo body of a\ntransport vehicle?\nAl: In accordance with§ 172.328(a)(3), for a cargo tank transported on or in a transport\nvehicle, if the ID number marking on the cargo tank would not normally be visible\nduring transportation, the transport vehicle must be marked on each side and each end\nwith the identification number specified for the material in the Hazardous Materials\nTable (HMT; § 172.101).\nHowever, an exception is provided by § 172.328(a)(3)(ii) in that when a cargo tank is\npermanently installed within an enclosed cargo body of a transport vehicle, the ID\nnumber marking need only be displayed on each side and end of a cargo tank that is\nvisible when the cargo tank is accessed. In your scenario, you may take advantage of\nthis exception and mark the required ID number on each side and end of the cargo\ntank that is visible when the cargo tank is accessed.\n\n<<<PAGE 2>>>\n\nQ2: Where must the required proper shipping name or common name marking be affixed\nto a cargo tank containing a gas that is permanently installed within the enclosed cargo\nbody of a transport vehicle?\nA2: In accordance with§ 172.328(b), except for certain nurse tanks which must be marked\nas prescribed in § 173 .315(m), each cargo tank transporting a Class 2 (gas) material\nmust be marked, in lettering no less than 50 mm (2.0 inches), on each side and each\nend with: (1) the proper shipping name specified for the gas in the HMT; or (2) an\nappropriate common name for the material (e.g., \"Refrigerant Gas\").\nQ3: In our scenario, does the authorization for marking the ID number only on the surface\nof the cargo tank that is normally accessed applicable to the proper shipping name\nmarking requirement?\nA3: The answer is no, please see A2.\nQ4: In our scenario, if the answer to Q3 is no, what would be the appropriate regulatory\nrequirements?\nA4: Please see A2,\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\nQL,4f4' T. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n2\n\n<<<PAGE 3>>>\n\nJune 7, 2013\n130 Briar Hill\nPainesville, Ohio 44077\n440-354-5614\n440-579-0203\nguy .dalton@linde.com\nOffice of Hazardous Materials Standards\nPipeline and Hazardous Materials Safety Administration, Attn: PHH-1 0\nU.S. Department of Transportation, East Building\n1200 New Jersey Avenue, SE.\nWashington, DC 20590-0001.\nRequest for Interpretation\nDear Sir or Madame,\nLinde Gas North America LLC (Linde) is requesting interpretation and guidance regarding the marking of cargo tanks\nthatare permanently affixed inside the cargo box of a delivery truck.\nBackground\nLinde transports medical grade Oxygen, refrigerated liquid inside the cargo compartment of home healthcare delivery\nvehicles. The cargo tank is not visible from the exterior of the vehicle. The cargo tank is permanently affixed in the\nfront of the box and is accessed by a side door. The controls for discharge of the product as well as all other required\ngauges, valves and pressure relief devices are visible when opening this side door.\nThe cargo tank is only marked on one end with the proper shipping name and UN Id number. The opposite end and one\nside is not visible at any time as they are up against the inside of the vehicle. One side of the cargo may, or may not be\nvisible when entering the rear of the cargo box depending on tank orientation and other cargo that may be transported.\n49CFR172.328(a)(3)(ii) specifies that the tank only be marked with the UN ID number on the side from which the tank\nis accessed if installed within an enclosed cargo body.\n49CFR172.328(b) requires the proper shipping name be marked on each side and each end of a cargo tank containing\ncompressed gases.\nThe opposing sides and ends of the cargo tank cannot be accessed once installed permanently in the vehicle.\nDetermining that there are any markings would take extraordinary measures, that meaning that just standing and looking\nat the tank from the point of normal access would not allow a determineation to be made if the cargo tank is marked in\nany manner on other than the side the individual is facing.\nLinde Gas North America LLC\n\n<<<PAGE 4>>>\n\nQuestion 1\nIs it to be determined that the allowance for marking the UN ID number only on the surface of the tank that is normally\naccessed also applies to the proper shipping name?\nQuestion 2\nIf the allowance does not extend to the proper shipping name, what would be the required orientation of the shipping\nname to meet regulatory requirements?\nA written response at your earliest convenience is appreciated.\nSincerely\nGuy Dalton\nHead of Transport Compliance/Safety\nLinde Gas North America LLC\n440-251-0303\nguy.dalton@linde.com\nLinde Gas North America LLC","truncated":false,"body_characters":6201}