Law Offices of Paul D. Borghesani — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 DEC 2 0 2067 Ms. Angela Hankins Law Offices of Paul D. Borghesani 307 S. Main Street Suite 300 Elkhart, IN 465 1 6 Ref. No. 07-0203 Dear Ms. Hankins: This responds to your letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1-1 80) to the transportation of diesel fuel in an auxiliary fuel tank on a pick-up truck. You state that the diesel fuel is contained in a tank with a capacity of less than 1 19 gallons and that the diesel fuel is used to power the pick-up truck. A motor vehicle fuel tank that: (1) meets the requirements for liquid fuel systems under $8 393.65 and 393.67 of the Federal Motor Carrier Safety Regulations, including marking; (2) is maintained in accordance with NFPAIASME standards for fuel systems; and (3) is not used as a packaging for hazardous materials is not subject to the requirements of the HMR. In addition, under 8 173.150(f) of the HMR, a flammable liquid with a flashpoint of 38°C (1 00°F) or higher that does not meet the definition of any other hazard class, may be reclassed as a combustible liquid. Combustible liquids, such as diesel fuel, transported in non-bulk packagings (i.e. < 450 liters11 19 gallons) are not subject to the HMR. I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, n Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 2October 18,2007 U.S. Department of Transportation Pipeline and Hazardous Material Safety Administration Office of Hazardous Material Safety 1200 New Jersey Ave., Southeast East Building, Second Floor Washington, D.C. 20590 RE: Applicability of Hazardous Materials Regulation- Auxiliary Fuel Systems- Pick-up trucks Motor Carrier Services ("MCS") is engaged in providing advisory and compliance services to the motor carrier industry including but not limited to assisting motor carriers in complying with the Federal Motor Carrier Safety Regulations as well as the Hazardous Materials Regulations. Most recently, several of the motor carriers operating pick-up trucks and utilizing the services of MCS have been receiving citations from various State enforcement agencies including Michigan and Iowa. The citied violations of the Hazardous Material Regulations include but are not limited to Part 177.8 17A (failure to have hazmat shipping papers for diesel fuel carried) and 177.823A (no labels for the diesel fuel carried.) In all instances, the diesel fuel was contained in an auxiliary fuel tank of less than 1 19 gallons for the purpose of supplying fuel for the propulsion of the pick-up truck to which it is attached. Based upon the foregoing, MCS respectfully requests an interpretation that the Hazardous Materials Regulations do not apply to the transportation of diesel fuel in a tank with a capacity of less than 1 19 gallons when used for the purpose of supplying fuel for the propulsion of the pick- up truck. This request is based upon the fact that diesel fuel would be considered a combustible liquid within the exceptions noted in 49 CFR 173.150(f). Accordingly, the requirements of the Hazardous Materials Regulations applicable to placarding; shipping papers, labeling, etc., would not be applicable under 49 CFR 173.150 (f)(2).#

Page 3Page 1 of I v Drakeford, Carolyn <PHMSA> From: Angela Hankins [angela.pdborglaw@verizon.net] Sent: Friday, October 19, 2007 328 PM To: Drakeford, Carolyn <PHMSA> Subject: Re: Request for Written lnterpretation Law Offices of Paul D. Borg hesani 307 S. Main Street, Suite 300 Elkhart, IN 46516 (574) 389-0804 ----- Original Message ----- From: ca yolyn .d.~akeford@dot~.g.ov. To: a.rlge!.a~4d_bo!gla.ww@ve~i.z_~!!~~~et Sent: Friday, October 19, 2007 9:59 AM Subject: RE: Request for Written lnterpretation Could you please send me your address and telephone number? Thanks From: INFOCNTR <PHMSA> Sent: Friday, October 19, 2007 9:33 AM To: Drakeford, Carolyn <PHMSA> Subject: MI: Request for Written Interpretation I Carolyn, I Could you process this as an interp. letter request please? Thanks a million buddy! I Erin From: Angela Hankins [mailto:angela.pdborglaw@verizon.net] Sent: Thursday, October 18, 2007 4:42 PM To: INFOCNTR <PHIYSA> Subject: Request for Written Interpretation Based upon the factors set forth in the attachment, a written interpretation is respectfully requested. No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.5.488 1 Virus Database: 269.15.111 078 - Release Date: 1011 812007 5:47 PM#