{"operation":"document","citation":"15-0078","title":"Maryland Department of Environment — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-06-25","effective_on":null,"summary":"15-0078 response to Maryland Department of Environment concerning 172.101, 172.304, 172.328.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0078.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0078.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0078","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/150078.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWashington. DC 20590\n1200 New Jersey Avenue SE\nPipeline and Hazardous\nAdministration .\nMaterials Safety\nJUN 2 5 2015\nMr. Michael Polinski\nMaryland Department of Environment\n1800 Washington Blvd, Suite 105\nBaltimore, MD 21230\nRef. No. 15-0078\nDear Mr. Polinski:\nThis responds to your April 23, 2015 email requesting clarification of the marking\nrequirements for a cargo tank under the Hazardous Materials Regulations (HMR; 49 CFR\nParts 171-180). You indicate that a cargo tank is marked with the company name on each\nside and the company name happens to contain the proper shipping name (PSN) of the\nmaterial being transported. Each end is marked with \"propane.\" Specifically, you ask\nwhether use of the company name containing the PSN satisfies the requirement to mark a\ncargo tank transporting a Class 2 material with the PSN or an appropriate common name\nfor the material under § 172.328(b).\nThe answer is no. Section 172.328(b) states that each cargo tank transporting Class 2\nmaterial must be marked on each side and each end with the proper shipping name\nspecified in the § 172.101 table or an appropriate common name of the material. In\naddition, § 172.304 marking requirements provide that markings must be located away\nfrom any other marking (such as advertising) that could substantially reduce its\neffectiveness (emphasis added). The scenario discussed is unique in that the required\nmarking is part of another marking (i.e., advertising). Under this scenario, the \"located\naway from\" condition cannot be achieved. Therefore, it is the opinion of this Office that\nthe company name marking cannot be used to satisfy the PSN marking even though the\nname may indeed contain the required PSN as part of the name.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\nActing Chief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nCiccarone\n$172.328 (b)\nCargo Tanks\nDodd, Alice (PHMSA)\n15-0078\nFrom:\nGeller, Shelby CTR (PHMSA)\nSent:\nTo:\nThursday, April 23, 2015 4:27 PM\nHazmat Interps\nSubject:\nFW: Interpretation of 172.328(b)\nAttachments:\nPropane Interp 4.22.2015.docx\nDear Shante and Alice,\nAttached is a formal letter of interpretation. Mr. Polinski spoke with myself in regards to his question.\nThanks,\nShelby\nFrom: Micheal Polinski - MDE- [mailto:michael.polinski@maryland.gov]\nSent: Thursday, April 23, 2015 9:36 AM\nTo: INFOCNTR (PHMSA)\nSubject: Interpretation of 172.328(b)\nTo whom it may concern\nI am requesting a formal letter of interpretation of Haz Mat Regulation 172.328(b) regarding the scenario and question described in the\nattachment of this email.\nMy address is as follows:\nMaryland Dept of Environment\n1800 Washington Blvd, ste 105\nBaltimore MD, 21230\nPhone #: 410-808-0571\nMichael Polinski\n1\n\n<<<PAGE 3>>>\n\nTo whom it may concern\nSubject: Propane Marking on 331 Cargo Tanks\nI was presented with the following scenario regarding the marking requirements for gasses in\n331 cargo tanks. Specifically dealing with Propane.\nScenario:\nA truck tractor transport loaded with Liquefied Petroleum Gas that is marked with the company\nname: \"Manning Propane\" on three sides. (Left, Right, & Rear). The company had put the\npropane marking on the front side as required by 172.328(b). On the rear side the company put\nthe company name and the word propane. The company is using the word propane that is\nassociated with their company name \"Manning Propane\" as the marking for the left & right\nsides. The company did not put the propane marking on the left & right sides as they feel that\nthey have met the requirements of 172.328(b) with the company name.\nRegulation: § 172.328 Cargo tanks.\n(b) Required markings: Gases. Except for certain nurse tanks which must be marked\nas specified in $173.315(m) of this subchapter, each cargo tank transporting a Class\n2 material subject to this subchapter must be marked, in lettering no less than 50\nmm (2.0 inches), on each side and each end with—(1) The proper shipping name\nspecified for the gas in the § 172.101 table; or(2) An appropriate common name for\nthe material (e.g., \"Refrigerant Gas\").\nQuestion:\nCan the company \"Manning Propane\" use the company name on the sides of the cargo tank to\nmeet the marking requirements for gases in cargo tanks as stated in 172.328(b)?\nA Formal Letter of Interpretation of 172.328(b) is requested so further confusion regarding this\npart of the regulations can be settled.","truncated":false,"body_characters":4491}