{"operation":"document","citation":"20-0007","title":"Oxyde Chemicals, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2020-05-06","effective_on":null,"summary":"20-0007 response to Oxyde Chemicals, Inc. concerning 171.8, 172.101, 172.200, 172.204, 172.300, 172.326, 172.400, 172.500.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0007.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0007.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0007","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/73831/200007.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMay 6, 2020\nMr. Adrian Medina\nLogistics Coordinator\nOxyde Chemicals, Inc.\n225 Pennbright Drive\nSuite 101\nHouston, TX 77090\nReference No. 20-0007\nDear Mr. Medina:\nThis letter is in response to your January 21, 2020 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the marking of portable\ntanks. You state that your company purchases hazardous materials from a supplier and the\nsupplier, in turn, hires a pre-carriage carrier to execute the surface transport portion of the\nmovement. You state that this activity consists of picking up the empty portable tank,\ntransporting it to the loading facility, and then, afterfilling the tank, transporting the filled\nportable tank to the port where it will wait for the vessel leg of the shipment to occur.\nFurther, you cite § 172.300(b) which states “when assigned the function by this subpart, each\ncarrier that transports a hazardous material shall mark each package, freight container, and\ntransport vehicle containing the hazardous material in the manner required by this subpart.” You\nalso cite § 172.326(a) which states “no person may offer for transportation or transport a portable\ntank containing a hazardous material unless it is legibly marked on two opposing sides with the\nproper shipping name specified for the material in the § 172.101 table. For transportation by\nvessel, the minimum height for a proper shipping name marked on a portable tank is 65 mm (2.5\ninches); except that portable tanks with a capacity of less than 3,000 L (792.52 gallons) may\nreduce the marking size to not less than 12 mm (0.47 inches).” Your questions are summarized\nand answered below:\nQ1: You ask whether the HMR addresses who should provide the markings of the proper\nshipping name on portable tanks.\nA1: Provided the supplier described in your letter performs all offeror and carrier functions,\nthe supplier is responsible for ensuring the shipments conform to the requirements of the\nHMR. Specifically, an offeror is responsible for ensuring proper labeling and shipping\npapers as specified in §§ 172.200, 172.204, and 172.400; and an offeror or carrier (when\nassigned the function) is responsible the for marking and placarding requirements (if\nrequired) in accordance with §§ 172.300 and 172.500, respectively.\n\n<<<PAGE 2>>>\n\nPlease note that if you or anyone else performs any pre-transportation functions (as\ndefined in § 171.8) related to the shipment of the portable tanks, including securing the\nclosure on a package, preparing a shipping paper, providing emergency response\ninformation, or certifying that a shipment is in proper condition for transportation in\nconformance with HMR requirements, that person is also responsible for compliance\nwith the HMR.\nQ2: You ask whether the HMR addresses who should place the markings of the proper\nshipping name on opposing sides of a portable tank as described in § 172.326(a).\nA2: See A1.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nOXYDE CHEMICALS, INC.\nJanuary 21, 2020\nMr. Shane Kelley\nDirector, Standards and Rulemaking Division\nU.S. DOT/PHMSA (PHH-10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nDear Mr. Kelley,\nThis is a request for formal clarification to determine the responsible party for marking a portable tank\nOxyde Chemicals, Inc. is a chemical trader who is based out of Houston, TX. In our day-to-day operations,\nwe purchase product from a supplier in Philadelphia, PA. and simultaneously hire a portable tank (lsotank)\noperator to export it on our behalf; they in-turn, hire a pre-carriage carrier to execute the land portion of\nthe transport which is to pick up the empty portable tank, transport it to the loading facility, and then\nupon load-completion, transport it to the Ocean port where it will wait for the Main-Carriage to begin .\n. a) ·· Does the regulation address who should provide mark;i11gs with the proper shipping :name for\n-portable tanks? And further,\nb) Does the regulation address who should adhere the markings with the proper shipping name onto\nthe two opposing sides as described in §172.326, a\nAs defined in§ 171.8, a \"person who offers\" or \"offeror\" means any person who does either or both of\nthe following: (1) performs, or is responsible for performing, any pre-transportation function required\nunder this subchapter for transportation of the hazardous material in commerce; or (2) tenders or makes\nthe hazardous material available to a carrier for transportation in commerce . Any person that is\ndetermining the hazard class of a hazardous material, selecting a packaging, filling a package, securing a\nclosure, or marking a package to indicate that it contains a hazardous material, etc. is also considered an\nofferor (see§ 171.l(b)).\nI also read the fol!owing paragraphs in Part 172 ➔ Subpart D; but I am still not clear in how to determine\nwho is responsible_ fqr the above questions . .\n§172.300, b when assigned the function by this subpart, each carrier that transports a hazardous material\nshall· mark each package; freight container, and transport vehicl~-containing the hazardous material in the\nmanner required by this subpart.\n225 PEN N BR IGHT DRIVE, SUITE 101 ■ HOUSTON, TEXAS 77090 ■ TELEPHON E (281) 874-9100 ■ FACSIM ILE (281) 874-9172\n\n<<<PAGE 4>>>\n\nOXYDE CHEMICALS, INC.\n§172.326, a Shipping name. No person may offer for transportation or transport a portable tank\ncontaining a hazardous material unless it is legibly marked on two opposing sides with the proper shipping\nname specified for the material in the §172.101 table.\nLogistics Coordinator\n225 PENN BR IGHT DRIVE, SU ITE 101 ■ HOUSTON, TEXAS 77090 ■ TELEPHONE (281) 874-9100 ■ FACSIM ILE (281) 874-9172","truncated":false,"body_characters":6034}