{"operation":"document","citation":"07-0203","title":"Law Offices of Paul D. Borghesani — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-12-20","effective_on":null,"summary":"07-0203 response to Law Offices of Paul D. Borghesani concerning 173.150.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0203.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0203.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0203","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070203.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nDEC 2 0 2067\nMs. Angela Hankins\nLaw Offices of\nPaul D. Borghesani\n307 S. Main Street\nSuite 300\nElkhart, IN 465 1 6\nRef. No. 07-0203\nDear Ms. Hankins:\nThis responds to your letter regarding the applicability of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 17 1-1 80) to the transportation of diesel fuel in an\nauxiliary fuel tank on a pick-up truck. You state that the diesel fuel is contained in a tank\nwith a capacity of less than 1 19 gallons and that the diesel fuel is used to power the pick-up\ntruck.\nA motor vehicle fuel tank that: (1) meets the requirements for liquid fuel systems under\n$8 393.65 and 393.67 of the Federal Motor Carrier Safety Regulations, including marking;\n(2) is maintained in accordance with NFPAIASME standards for fuel systems; and (3) is not\nused as a packaging for hazardous materials is not subject to the requirements of the HMR.\nIn addition, under 8 173.150(f) of the HMR, a flammable liquid with a flashpoint of 38°C\n(1 00°F) or higher that does not meet the definition of any other hazard class, may be\nreclassed as a combustible liquid. Combustible liquids, such as diesel fuel, transported in\nnon-bulk packagings (i.e. < 450 liters11 19 gallons) are not subject to the HMR.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely, n\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nOctober 18,2007\nU.S. Department of Transportation\nPipeline and Hazardous Material Safety Administration\nOffice of Hazardous Material Safety\n1200 New Jersey Ave., Southeast\nEast Building, Second Floor\nWashington, D.C. 20590\nRE: Applicability of Hazardous Materials Regulation- Auxiliary Fuel Systems- Pick-up trucks\nMotor Carrier Services (\"MCS\") is engaged in providing advisory and compliance services to\nthe motor carrier industry including but not limited to assisting motor carriers in complying with\nthe Federal Motor Carrier Safety Regulations as well as the Hazardous Materials Regulations.\nMost recently, several of the motor carriers operating pick-up trucks and utilizing the services of\nMCS have been receiving citations from various State enforcement agencies including Michigan\nand Iowa. The citied violations of the Hazardous Material Regulations include but are not limited\nto Part 177.8 17A (failure to have hazmat shipping papers for diesel fuel carried) and 177.823A\n(no labels for the diesel fuel carried.) In all instances, the diesel fuel was contained in an\nauxiliary fuel tank of less than 1 19 gallons for the purpose of supplying fuel for the propulsion of\nthe pick-up truck to which it is attached.\nBased upon the foregoing, MCS respectfully requests an interpretation that the Hazardous\nMaterials Regulations do not apply to the transportation of diesel fuel in a tank with a capacity of\nless than 1 19 gallons when used for the purpose of supplying fuel for the propulsion of the pick-\nup truck.\nThis request is based upon the fact that diesel fuel would be considered a combustible liquid\nwithin the exceptions noted in 49 CFR 173.150(f). Accordingly, the requirements of the\nHazardous Materials Regulations applicable to placarding; shipping papers, labeling, etc., would\nnot be applicable under 49 CFR 173.150 (f)(2).\n\n<<<PAGE 3>>>\n\nPage 1 of I\nv Drakeford, Carolyn <PHMSA>\nFrom: Angela Hankins [angela.pdborglaw@verizon.net]\nSent: Friday, October 19, 2007 328 PM\nTo: Drakeford, Carolyn <PHMSA>\nSubject: Re: Request for Written lnterpretation\nLaw Offices of Paul D. Borg hesani\n307 S. Main Street, Suite 300\nElkhart, IN 46516\n(574) 389-0804\n----- Original Message -----\nFrom: ca yolyn .d.~akeford@dot~.g.ov.\nTo: a.rlge!.a~4d_bo!gla.ww@ve~i.z_~!!~~~et Sent: Friday, October 19, 2007 9:59 AM\nSubject: RE: Request for Written lnterpretation\nCould you please send me your address and telephone number? Thanks\nFrom: INFOCNTR <PHMSA>\nSent: Friday, October 19, 2007 9:33 AM\nTo: Drakeford, Carolyn <PHMSA>\nSubject: MI: Request for Written Interpretation\nI Carolyn,\nI Could you process this as an interp. letter request please? Thanks a million buddy!\nI Erin\nFrom: Angela Hankins [mailto:angela.pdborglaw@verizon.net]\nSent: Thursday, October 18, 2007 4:42 PM\nTo: INFOCNTR <PHIYSA>\nSubject: Request for Written Interpretation\nBased upon the factors set forth in the attachment, a written interpretation is respectfully requested.\nNo virus found in this incoming message.\nChecked by AVG Free Edition.\nVersion: 7.5.488 1 Virus Database: 269.15.111 078 - Release Date: 1011 812007 5:47 PM","truncated":false,"body_characters":4702}