{"operation":"document","citation":"08-0094","title":"Reeves Construction Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-06-02","effective_on":null,"summary":"08-0094 response to Reeves Construction Company concerning 172.101, 173.150.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0094.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0094.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0094","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080094.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\nJUN 2 2008\nMr. Ray Couture\nReeves Construction Company\n1 APAC Industrial Way\nAugusta, GA 30903\nRef. No.: 08-0094\nDear Mr. Couture:\nThis is in response to your April 7, 2008 letter regarding the transportation of diesel fuel in\nauxiliary fuel tanks under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171 -\n180). Specifically, you ask if you may install two separate auxiliary fuel tanks for dispensing\ndiesel fuel on a company vehicle provided the capacity of each tank does not exceed 220 liters\n( 1 1 9 gallons).\nThe answer is yes. Based on its flashpoint, diesel fuel may be reclassed as a combustible\nliquid, thereby qualifying for the exceptions to the HMR provided in 8 1 73.150(f) (see the\nHazardous Materials Table, Column 8A). That section provides that a combustible liquid in a\nnon-bulk packaging (i.e., having a capacity less than 220 liters (1 19 gallons)) is not subject to\nthe HMR unless the combustible liquid is a hazardous substance, a hazardous waste, or a\nmarine pollutant.\nRegarding your concern about tractor-trailer fuel tanks, vehicle fuel tanks are not subject to\nthe HMR. However, fuel tanks must meet the requirements for all fuel systems under\n5 393.65 and the diesel fuel tanks you refer to in your letter must also comply with 5 393.67\nof the Federal Motor Carrier Administration's Federal Motor Carrier Safety Regulations\n(FMSCR).\nI hope this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standard\n\n<<<PAGE 2>>>\n\n%I lack Page 1 of 1\nSent: Monday, April 07, 2008 12:21 PM\nTo: 'Drakeford, Carolyn <PHIVISA>'\nCc: 'RCouture@reevescc.com'\nSubject: FW: Hazmat Regs.\nFrom: Ray Couture [mailto:RCouture@reevescc.com]\nSent: Monday, April 07, 2008 7:36 AM\nTo: INFOCNTR <PHMSA>\nSubject: Hazmat Regs.\nFederal DOT Regulations:\nOur company would like for determination of federallstate rules concerning the transportation of diesel fuel to\nsupport our paving and construction operations. We are outfitting a truck to support our operations and would like\nto be able to carry at least -red aallons of fuel to our iob sites. We have been told by Georgia State DOT\nofficers, that if we carry more than one hundred and nineteen gallons, our driver will be required to have a\ncommercial driver's license, with hazmat and tanker endorsements. While we totally support law enforcements\nattempts to make our roads and highways safe, it seems that there are some laws that are conflicting at best.\nSome, or most tractor and trailers, on our roads today, carry two or more hundred gallons in tanks mounted on\nthe side of the frame rails of their trucks. We have been told by Georgia officials that as long as the tanks were\ninstalled by the manufacture, and are the primary source for erlgine operations, that there are no requirements for\ntanker or hazmat endorsements. We have also been told that if we install a two hundred gallon tank on our truck,\nand have a pump plumbed into the tank to dispense fuel to our equipment, as well as serve as an auxiliary fuel\ntank for the truck, we would be required to have hazmatltanker endorsements.\nWhat we are asking for (in writing) is: If we install 2 separate 11 0 to 119 gallon tanks, that share no common\nconnections, would we be incompliance with all applicable DOT rules? The tanks that we are talking about will be\ncertified by the manufacture, and have all the information attached to the tank.\nThank you for your time and we await your response.\nRay Couture\nShoplEquipment Superintendent\nReeve's Construction Co.\n# 1 APAC Industrial Way\nAugusta, Ga. 30903\nOffice: (706) 731-5251\nCell: (706) 832-4024","truncated":false,"body_characters":3867}