Mark Rite Lines Equipment Company, Inc. — Hazardous Materials Safety Interpretation

Page 1DEC 2 0 2002 400 Seventh St., S.W. esearch an Washington, D.C. 20590 dimini ration Mr. Milo A. Thomas 5379 Southgate Drive Mark Rite Lines Equipment Company, Inc. Ref. No. 02-0307 Billings, MT 59107-1154 Dear Mr. Thomas: This is in response to your letter dated November 12, 2002, requesting clarification on the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to your "highway striping vehicle" with propane tanks permanently mounted to the truck. Specifically, you request clarification of the placarding requirements for your highway striping vehicle that is equipped with a large permanently mounted propane tank used to supply fuel to auxiliary equipment. It is the opinion of this office that if the propane tank meets the requirements for all fuel systems including marking, and is maintained in accordance with the National Fire Protection under §$ 393.65 and 393.69 of the Federal Motor Carrier Safety Regulations (FMCSR), Association's and the American Society of Mechanical Engineers' standards for fuel systems, and not used as a packaging for hazardous materials, e.g., a cargo tank, then the tank is subject the tank does not meet the FMCSR requirements for fuel systems, then the fuel tank would only to the FMCSR and as such the vehicle would not be required to be placarded. However, if depending on size meet the definition of a non-bulk or bulk packaging (see § 171.8). Under the HMR, propane in a non-bulk or bulk packaging is subject to specification packaging, shipping papers, marking, placarding, and emergency response information requirements. I hope this information is helpful. title I. michel Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 171.8 020307#

Page 2Betts $171.8 NAL MRL Definitions Placardine Mark Rite Lines Equipment Company, Inc.' MAL AQUEMENT COMPANY, INC. 5379 Southgate Drive / PO Box 31154 2 -838÷ Billings, MI 59101 PROVIDING QUALITY PRODUCTS Phone: (406) 869-9900 Fax: (406) 896-8880 SINCE 1989 12 November, 2002 Chief, Standards Development Delmer F. Billings Office of Hazardous Materials Standards 400 Seventh Street SW U.S. Department of Transportation Washington, D.C. 20580 Dear Mr. Billings: My situation in question is a large LP tankS permanently attached to the truck that is used to supply fuel to This letter is in response to a recent inquiry concerning the use of place cards on highway striping equipment. job sight.this auxiliary equipment is not in use, leaving me to believe the tarks may be considered a cargo auxiliary equipment also permanently mounted to the truck. Often when the truck is in transit from job sight.to tank. Write dated 13 April, 1999 and a letter sent to Mr. Wayland Little dated 11 January, 1995. It is my I have contacted a representative from your department who sent me a copy of a letter sent to Mr. Kent C. interpretation from these letters and a careful review of §§ 393.65 and 393.69 of the Federal Motor Carrier particular (49.CFR §171.8), that the truck does not need place carding because it is considered a fuel system Safety Regulations (FMCSR), and the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) in under the §393.65 part (a.) of the FMCSR. Because there is nothing specifically stating the use of place cards I am asking you to reply with your comments regarding my interpretation. Sincerely, mit Athomas Engineering Milo A. Thomas MRL Equipment 1s 374-91 materis? Z: \Milo\Documents\Document Log\US DoT 11.11.02.doc PHONE: 43854900 AX: 406890-88304 INTERS WALNGS, MIT 5910 SOUTHGATE DR#