{"operation":"document","citation":"06-0262","title":"DOT Compliance — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-12-19","effective_on":null,"summary":"06-0262 response to DOT Compliance concerning 171.8, 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0262.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0262.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0262","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060262.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWashington, D.C. 20590\n400 Seventh Street, S.W.\npipeline and\nAdministration\nHazardous Materials Safet\nDEC 19 2006\nMr. Clark W. Elliot:\nDOT Compliance\nRef. No.: 06-0262\n410 Urban Drive\nHutchinson, KS 67501\nDear Mr. Elliott:\ndefinition of Material of Trade (MOT) in the Hazardous Materials Regulations (HMR; 49\nThis responds to your letter dated October 31, 2006, requesting clarification of the\nCFR Parts 171-180). You enclosed several photographs.\naccordance with §§ 171.8 and 173.6 of the HMR.\nYou ask if your remote site power platform may be transported as a material of trade in\nThe answer is no. A material of trade is a hazardous material, other than a hazardous\nincluding its auxiliary equipment; or (3) by a private motor carrier in direct support of a\noperator or passengers; (2) to support the operation of maintenance of the motor vehicle,\nprincipal business that is other than transportation by motor vehicle. Hazardous materials\nremote site power platform exceed the capacity and quantity restrictions applicable to\nMOTs.\nSafety Regulations (FMCSR) for fuel systems and used only for supplying fuel for the\nNote, however, that a fuel tank meeting the requirements in the Federal Motor Carrier\noperation of a motor vehicle or its auxiliary equipment is not subject to regulation under\nthe HMR, including placarding, with respect to its use on the vehicle (see FMCSF\nrequirements at 49 CFR 393.65, 393.67 (for liquid fuel tanks), and 393.69 (for I:quefied\n111.8\n060262\n113.6\n\n<<<PAGE 2>>>\n\npetroleum gas systems)). Such tanks must conform to all applicable marking\nrequirements and rust be maintained in accordance with NFPA/ASME stancards for fuel\nsystems.\nI hope this satisfies your inquiry. If we can be of further assistance, please contact us\nSincerely,\nRoma clo to\n/ Chief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\ningram\n5171\nD'ekinition.\nDOT Compliance\nPh 620-665-6088\n410 Urban Dr.\n06-0262\nFax 620-662-9010\nHutchinson, KS 67501\nAmerica needs America's oil.\nOffice of Hazardous Materials Standards\nResearch and Special Programs Administration\nAttn: DHM-10 US Department of Transportation\n400 7' Street SW.\nWashington, DC 20590-0001\nDate 10/31/2006\nRE: Definitive request; Materials of Trade\nSir:\nA.\nI am requesting clarification of the definition as stated in 49 CFR, Subchapter\nMaterials of Trade means a hazardous material, other than hazardous waste,\nC, Hazardous Materials Regulation, Part 171.8, Definitions and abbreviations;\nthat is carried on a motor vehicle-(3) By a private motor carrier (including\nvehicles operated by a rail carrier) in direct support of a principal business\nthat is other than transportation by motor vehicle.\nEnclosed are 5 exhibits, A through E, that are photographs of a cornpany\nconsists of a 43 foot tandem axle trailer that contains a 3,000 gallo: steel\nrailer is a 300 KW diesel engine driven generator, (Center Exhibit B), with\nliesel tank at the rear of trailer. (Center left Exhibit A) In the center of the\nfuel being supplied from the diesel tank for engine operation. On the front of\nthe trailer is a 500 gallon LPG tank directly behind a bulk oil dispenser tank\nC.\nAll the equipment and tanks mounted on the trailer are permanently attached\nto the rails and frame of the trailer. (Exhibit C, D, and E).\nD.\nThis power platform is assigned exclusively to support the electrical power\ndemands of the rotary drilling unit while at remote locations in Kansas. The\n1\n\n<<<PAGE 4>>>\n\nLPG tank is used as a fuel source for fall and winter operations for heaters\ncontained in the ejaen denor sit The dal ouse LOnG an both the\nconnected via an \"umbilical\" cord to the heating system for the \"dog house\".\nE.\nsupport for the rotary drilling unit. However, it does require a CMV tractor\nThe power platform is not used for any other purpose other than as direct\nunit to move the trailer over public roads. The trailer is tagged, insured and\nmeets all requirements of FMCSR Parts 393 and 396.\nF.\nMy question is, does this power platform meet the definition of Materials of\ne exempt from hazardous material placarding requirements and drive\nrade as described in paragraph A, and if so, would this power platform als\nendorsements?\nG.\nI thank you for your time and guidance concerning this matter.\nColor\nCLARK W. ELLIOTT\nDOT Compliance\nIncl: Exhibit A,B,C,D,E.\nCc: File\n2","truncated":false,"body_characters":4398}