LIST Company, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New ~ersey Avenue, SE Washington, D.C. 20590 MAR 1 4 2239 Mr. Rob Latham LIST Company, Inc. 106 Prosperity Blvd. Piedmont, SC 29673 Ref. No. 07-0061 Dear Mr. Latham: This is in response to your letter requesting clarification of the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 1 7 1 - 1 80) to an electrical generator containing propane installed on commercial trucks. You state that the generator provides power to charge the truck's batteries and power the electrical system of the truck when the truck's engine is not running. I apologize for the delay in responding and any inconvenience it may have caused. A fuel tank meeting the requirements in the Federal Motor Carrier Safety Regulations (FMCSR) for fuel systems and used only for supplying fuel for the operation of a motor vehicle or its auxiliary equipment is not subject to regulation under the HMR with respect to its use on the vehicle. See FMCSR requirements at 49 CFR 393.65, and 393.69 for liquefied petroleum gas systems. Such tanks must conform to all applicable marking requirements and be maintained in accordance with NFPNASME standards for fuel systems. I hope this information is helphl. Please contact this office if you need additional assistance. Sincerely, Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 2- - - INFOCNTR <PHMSA> N - ~rorn: roblatham Q listcompanyinc.com fl Sent: Thursday, March 15, 2007 2:35 PM To: INFOCNTR <PHMSA> Subject: Information Center Comments/Questions q 173220 V Below is the result of your feedback form. It was submitted by Rob Latham (roblatham@listcompanyinc.com) on Thursday, March 15, 2007 at 14:35:15. o?-DOd/ Ernail: roblatham@listcompanyinc.com Name : Rob La tham Category: Hazardous Materials Table, Special Provisions, Hazardous Materials Communications Organization: LIST Company I ~ c Street: 1 0 6 Prosperity Blvd. City: Piedmont State: South Carolina Zip Code: 29673 Phone: 8 6 4 - 3 2 5 - 8 8 6 6 Fax: 864-467-0320 Comments: Hello, I called in to your hotline at 1 - 8 0 0 - 4 6 7 - 4 9 9 2 and was told to request a formal guidance determination on this question. My question is as follows. We are considering installing a small electrical generator on commercial trucks. The purpose of the generator is to provide power to charge the truck's batteries and power the electrical system of the truck when the truck engine is turned off. The generator will be powered by propane. The propane will be stored in a 40 pound DOT approved tank. After reading the regulations regarding Hazardous materials as they relate to Materials of trade it appears the propane tank would not be considered hazardous material for the following reasons : 1. It is used "to support the operation or maintenance of a motor vehicle or auxiliary equipment". ( 4 9 CFR 171.8) 2 . Ttie cylinder containing the propane weighs less than 1 0 0 kg. ( 4 9 CFR 1 7 3 . 6 ) Therefore we conclude that this equipment can be installed and would not be considered hazardous material. Please confirm via a written guidance. Thank You Rob Latham LIST Company Inc.#