Air Products and Chemicals, Inc. — Hazardous Materials Safety Interpretation

Page 1• of Transportation U.S. Department Washington, D.C. 400 Seventh Street, S.W. 20590 Research and Special Programs Administration APR | 7 1998 • Mr. Richard J. Lloyd Air Products and Chemicals, Inc. 7201 Hamilton Boulevard Allentown, PA 18195-1501 Dear Mr. Lloyd: This is in response to your letter of March 6, 1998, requesting clarification of marking requirements for portable tanks in § 172.326(b) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You question whether the marking of the owner's name on a leased IM101 portable tank intended for export shipment satisfies § 172.326(b). The answer is no. The name of the owner or of the lessee, if applicable, must be displayed on a portable tank that contains a hazardous material (§172.326(b)). If a portable tank is leased, the lessee's name must be marked on the tank. A leased tank makes the marking of the lessee's name an applicable requirement. I hope this answers your inquiry. If you need additional assistance, do not hesitate to contact us. 1 Sincerely, for Chie, Standards Development Office of Hazardous Materials Standards to de simfiles .....#

Page 2cartier, tor PRODUCTS 2. 172326 nile 50: 230, Air Products and Chemicals, Inc. Allentown, PA 18195-1501 7201 Hamilton Boulevard Telephone (610) 481-4911 6 March 1998 Mr. Edward Mazzullo Director, Office of Hazardous Materials Standards (DHM-10) U.S. Department of Transportation 400 Seventh Street, S.W. Washington, DC 20590 Dear Mr. Mazzullo: This letter will confirm an interpretation we received from your office on 6 March 1998 concerning the marking of the owner's or lessee's name on portable tanks (49 CFR 172.326(b)). We asked for clarification as to whether the marking of the owner's name on a leased IM101 portable tank intended for export shipment satisfies the referenced regulation. We were advised that the name of the lessee, instead, must be displayed on a leased portable tank. situations involving leasing a tank, the rule requires the lessee's name to be marked on the Apparently, the phrase "if applicable" in 172.326(b) refers to portable tanks under lease and, in portable tank. Please let us know if there is any additional clarification. Very truly yours, К. 4. Івер ichard J. Llov Manager, Transportation Regulations and Safety rjl778.doc -#