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Interpretation Response #15-0078

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 06-25-2015
Company Name: Maryland Department of Environment    Individual Name: Mr. Michael Polinski
Location state: MD    Country: US

View the Interpretation Document

Response text:

June 25, 2015

Mr. Michael Polinski
Maryland Department of Environment
1800 Washington Blvd, Suite 105
Baltimore, MD 21230

Ref. No. 15-0078

Dear Mr. Polinski:

This responds to your April 23, 2015 email requesting clarification of the marking requirements for a cargo tank under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You indicate that a cargo tank is marked with the company name on each side and the company name happens to contain the proper shipping name (PSN) of the material being transported. Each end is marked with "propane." Specifically, you ask whether use of the company name containing the PSN satisfies the requirement to mark a cargo tank transporting a Class 2 material with the PSN or an appropriate common name for the material under § 172.328(b).

The answer is no. Section 172.328(b) states that each cargo tank transporting Class 2 material must be marked on each side and each end with the proper shipping name specified in the § 172.101 table or an appropriate common name of the material. In addition, § 172.304 marking requirements provide that markings must be located away from any other marking (such as advertising) that could substantially reduce its effectiveness (emphasis added). The scenario discussed is unique in that the required marking is part of another marking (i.e., advertising). Under this scenario, the "located away from" condition cannot be achieved. Therefore, it is the opinion of this Office that the company name marking cannot be used to satisfy the PSN marking even though the name may indeed contain the required PSN as part of the name.

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.


Dirk Der Kinderen
Acting Chief, Standards Development Branch
Standards and Rulemaking Division

172.328(b), 172.101, 172.304

Regulation Sections

Section Subject
§ 172.304 Marking requirements