{"operation":"document","citation":"07-0061","title":"LIST Company, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-03-14","effective_on":null,"summary":"07-0061 response to LIST Company, Inc. concerning 173.220.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0061.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0061.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0061","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070061.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New ~ersey Avenue, SE\nWashington, D.C. 20590\nMAR 1 4 2239\nMr. Rob Latham\nLIST Company, Inc.\n106 Prosperity Blvd.\nPiedmont, SC 29673\nRef. No. 07-0061\nDear Mr. Latham:\nThis is in response to your letter requesting clarification of the applicability of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 1 7 1 - 1 80) to an electrical generator containing\npropane installed on commercial trucks. You state that the generator provides power to\ncharge the truck's batteries and power the electrical system of the truck when the truck's\nengine is not running. I apologize for the delay in responding and any inconvenience it may\nhave caused.\nA fuel tank meeting the requirements in the Federal Motor Carrier Safety Regulations\n(FMCSR) for fuel systems and used only for supplying fuel for the operation of a motor\nvehicle or its auxiliary equipment is not subject to regulation under the HMR with respect to\nits use on the vehicle. See FMCSR requirements at 49 CFR 393.65, and 393.69 for liquefied\npetroleum gas systems. Such tanks must conform to all applicable marking requirements and\nbe maintained in accordance with NFPNASME standards for fuel systems.\nI hope this information is helphl. Please contact this office if you need additional assistance.\nSincerely,\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\n- - - INFOCNTR <PHMSA>\nN - ~rorn: roblatham Q listcompanyinc.com\nfl Sent: Thursday, March 15, 2007 2:35 PM\nTo: INFOCNTR <PHMSA>\nSubject: Information Center Comments/Questions q 173220\nV\nBelow is the result of your feedback form. It was submitted by Rob Latham\n(roblatham@listcompanyinc.com) on Thursday, March 15, 2007 at 14:35:15. o?-DOd/\nErnail: roblatham@listcompanyinc.com\nName : Rob La tham\nCategory: Hazardous Materials Table, Special Provisions, Hazardous Materials\nCommunications\nOrganization: LIST Company I ~ c\nStreet: 1 0 6 Prosperity Blvd.\nCity: Piedmont\nState: South Carolina\nZip Code: 29673\nPhone: 8 6 4 - 3 2 5 - 8 8 6 6\nFax: 864-467-0320\nComments: Hello,\nI 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\ndetermination on this question. My question is as follows.\nWe are considering installing a small electrical generator on commercial trucks. The\npurpose of the generator is to provide power to charge the truck's batteries and power the\nelectrical system of the truck when the truck engine is turned off. The generator will be\npowered by propane. The propane will be stored in a 40 pound DOT approved tank. After\nreading the regulations regarding Hazardous materials as they relate to Materials of trade\nit appears the propane tank would not be considered hazardous material for the following\nreasons :\n1. It is used \"to support the operation or maintenance of a motor vehicle or auxiliary\nequipment\". ( 4 9 CFR 171.8) 2 . Ttie cylinder containing the propane weighs less than 1 0 0\nkg. ( 4 9 CFR 1 7 3 . 6 )\nTherefore we conclude that this equipment can be installed and would not be considered\nhazardous material.\nPlease confirm via a written guidance. Thank You\nRob Latham\nLIST Company Inc.","truncated":false,"body_characters":3250}