{"operation":"document","citation":"08-0171","title":"Hoyt and Blewett PLLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-02-24","effective_on":null,"summary":"08-0171 response to Hoyt and Blewett PLLC concerning 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0171.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0171.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0171","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080171.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave., SE\nWashington, DC 20590\nMr. Drew Blewett\nHoyt and Blewett PLLC\nP.O. Box 2807\nGreat Falls, MT 59403\nRef. No. 08-0171\nDear Mr. Blewett:\nThis responds to your June 24,2008 letter regarding the applicability of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) to fuel tanks permanently mounted on a\nmotor vehicle. Specifically, you ask if four 119-gallon tanks permanently mounted on the bed\nof a truck and connected together with permanently mounted fuel lines meets the definition\nfor a non-bulk packaging in 8 171.8 of the HMR.\nThe answer is no. For purposes of the HMR, the fuel tank configuration described in your\nletter is considered a single bulk packaging with a capacity of 476 gallons. The unit does not\nmeet the definition of \"non-bulk packaging\" due to its overall capacity. Please note that,\nunder the HMR, the fuel tank configuration described in your letter meets the definition for a\ncargo tank and must meet all applicable HMR requirements if used to transport hazardous\nmaterials. See 5 171.8 for the definition of \"cargo tank.\"\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nFrom:\nSent:\nTo:\nSubject:\nINFOCNTR <PHMSA>\nTuesday, June 24,2008 1 :54 PM\nrake ford, Carolyn <PHMSA>\nFW: Request for Written Letter of Interpretation 49 CFR 171.8 (non-bulk packaging)\nAttachments: 306798-R1-12-15-013.jpg; 306798-R1-13-16A-014.jpg\n306798-R1-12-15- 306798-R1-13-16A\n013.jpg (864 K... -014.jpg (992 ...\nThis guy would like an officical interp.\nThanks Rob\n----- Original Message-----\nFrom: Drew Blewett [mailto:dblewett@hoytandblewett.com]\nSent: Tuesday, June 24, 2008 2:14 PM\nTo: INFOCNTR <PHMSA>\nSubject: re: Request for Written Letter of Interpretation 49 CFR 171.8 (non-bulk\npackaging)\nTo Whom it May Concern:\nMy name is Drew Blewett. I am an attorney at the law firm of Hoyt and Blewett PLLC in\nGreat Falls, MT. I am writing to request a written letter of interpretation pertaining to\n49 CFR 171.8, specifically \"non-bulk packaging.\"\nThe owner of a 1992 Hino truck mounted four 119-gallon fuel tanks side by side on a metal\nframe to the bed of the truck. He then connected each tank together, both at the top and\nthe bottom, by the use of fuel hoses that were permanently connected to the tanks. The\nfuel line at the top allowed all containers to be used at the same time and drained by the\noperator through a single nozzle at the end of the fuel line. Although there were four\nseparate compartments, they could not be separately removed from the fuel truck-as they\nwere all connected by a single line at the top and a single line at the bottom, which\nallowed access to all of the tanks at the same time.\nIt is my position that by permanently mounting the containers side by side to the bed of\nthe Hino truck and then connecting the fuel tanks together with a permanently mounted fuel\nline, at both the top and the bottom, the owner created one continuous 476-gallon\ncontainer which does not meet the definition of \"non-bulk packaging\" under 49 CFR 171.8. I\nhave attached two photos of the fuel tanks in question to assist in your determination.\nPlease send the letter of interpretation to the address listed below. Your attention to\nthis matter would be greatly appreciated. Thank you.\nDrew Blewett\nHoyt and Blewett PLLC\nP.O. Box 2807\nGreat Falls, MT 59403","truncated":false,"body_characters":3575}