{"operation":"document","citation":"08-0306","title":"White River Distributors — 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":"08-0306 response to White River Distributors concerning 173.315, 180.417.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0306.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0306.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0306","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080306.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. David Fulbright\nWhite River Distributors\nP.O. Box 2037\nBatesville, AR 72501\nRef. No. 08-0306\nDear Mr. Fulbright:\nThis responds to your December 18, 2008 letter regarding the applicability of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) to the installation of multifunction wireless\ntransmitterlreceiver systems with redundant backup controls for a specification MC 331 cargo\ntank motor vehicle in metered delivery service hauling liquefied compressed gas. Your\nquestions are paraphrased and answered below.\nQ1: Is it permissible to certify the remote shut down system as being in compliance with the\nHMR if a redundant backup control is added to the vehicle?\nAl: The answer is yes, if the emergency discharge control system for cargo tank motor vehicles\nin liquefied compressed gas service meets the performance standard established in\n$ 173.315(n)(3).\nQ2: If the transmitter is lost or malfunctions and the truck can be operated with the redundant\ncontrols, is it permissible for a second person, who is in hands reach of the controls, to operate\nand unload the vehicle?\nA2: Yes.\nQ3: Is it the owner's responsibility to obtain all certifications and operate the cargo tank motor\nvehicle in conformance with the hazmat regulations?\nA3: The owner of a cargo tank motor vehicle must retain the certification documents required\nunder the HMR throughout his or her ownership of the specification cargo tank motor vehicle\nand for one year thereafter ($ 180.417(a)(l)). In addition, a motor carrier who is not the owner\n\n<<<PAGE 2>>>\n\nof a cargo tank motor vehicle (e.g., a lessee) must obtain a copy of the vehicle certification report\nand related documents and retain them at its principal place of business for as long as the cargo\ntank motor vehicle is used by that carrier and for one year thereafter ( 5 180.417(a)(2)).\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nDrakeford, Carolyn <PHMSA>\nFrom: INFOCNTR <PHMSA>\nSent: Friday, December 19,2008 1:36 PM\nTo: Drakeford, Carolyn <PHMSA>\nSubject: FW: questions\nFrom: Dflpg@aol.com [mailto:Dflpg@aol.com]\nSent: Thursday, December 18,2008 8:15 PM\nTo: INFOCIUTR cPHMSA>\nSubject: questions\nDecember 18,2008\nOffice of Hazardous Materials Standards\nPipeline and Hazardous Materials Safety Administration, Attn: PHH-10\nDepartment of Transportation, East Building\nOffice of Hazardous Materials Safety\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nRef: 49 CFR 173.3 15 (n) (3) Emergency discharge control\nWe have been asked to install redundant back up controls for a MC 33 1 truck in meter delivery service hauling\nliquefied compressed gas equipped with a multifunction wireless transmitter/receiver system.\n1. Will we be able to certify the remote shut down system as being in compliance if a redundant PTO &\nthrottle is added to the vehicle.(This could let the qualified person operate the unloading if the transmitter is lost\nor the battery goes dead).\n2. We have been told that if the transmitter is lost or malfunctions the truck can be operated with the redundant\ncontrols if a second person is in hands reach of the controls during unloading. True or False. This has been\ndiscussed in early reg-neg meetings but I do not read it in the regulations as written.\n3.1 understand that is the owners responsibility to obtain all certifications and operate the cargo tank motor\nvehicle in conformance with the hazmat regulations. True or False.\nThanking you, we are,\nVery truly yours,\nWhite River Distributors, Inc.\nDavid Fulbright\nWhite River Distributors\nP. 0. Box 2037\nBatesville, AR 72501\nPhone: 870-793-2374\n\n<<<PAGE 4>>>\n\nFax: 870-793-8230\nEmail: dflpg@aol.com\nPage 2 of 2","truncated":false,"body_characters":3952}