{"operation":"document","citation":"09-0074","title":"The 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":"2010-01-21","effective_on":null,"summary":"09-0074 response to The Law Offices of Paul D. Borghesani concerning 171.8, 173.220.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0074.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0074.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0074","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090074.pdf","body":"<<<PAGE 1>>>\n\nu.s. Department 1200 New Jersey Ave., SE\nof Transportation Washington, DC 20590\nPipeline and Hazardous Materials\nSafety Administration\nJAN 2 1 2010\nMr. Paul D. Borghesani\nThe Law Offices of Paul D. Borghesani\n307 S. Main Street. Suite 300\nElkhart. Indiana 46516\nRef. No. 09-0074\nDear Mr. Borghesani:\nThis responds to your letter regarding the applicability of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) and the Federal Motor Carrier Safety Regulations\n(FMCSRs; 49 CFR Parts 300-399) to the transportation of motor vehicles that contain various\ntypes and quantities of hazardous materials integral to their design and manufacture. Some\nexamples of the type and amount of hazardous materials in the motor vehicles would include\ninstalled batteries and gasoline or diesel fuel of sufficient quantity so that the vehicle may be\nloaded and unloaded on and off the trailer. Your questions are paraphrased and answered as\nfollows:\nQ1. Is a motor carrier transporting the motor vehicles described above in interstate or\nintrastate commerce subject to the HMR?\nAi. Yes. Note that there are exceptions provided for the highway and rail transportation of\nself-propelled vehicles under § 173.220(g)(1). These exceptions specify that such vehicles\nare not subject to any other requirements of the HMR when they conform to all applicable\nconditions of § 173.220.\nQ2. Is a motor carrier transporting the motor vehicles described above and covered under the\nexceptions in § 173.220(g)(1) of the HMR subject to the minimum financial responsibility\nrequirements specified in 49 CFR Part 387?\nA2. Yes. The motor vehicles meet the definition of a hazardous material in §171.8 of the\nHMR and are considered hazardous materials for the purposes of 49 CFR Part 387. The\nmotor carrier must provide for financial responsibility at the appropriate level for the\ncommodity being transported.\nQ3. If motor vehicles being transported are considered to be hazardous materials for purposes\nof the financial responsibility requirements in 49 CFR Part 387, what minimum level of\nresponsibility is needed?\n\n<<<PAGE 2>>>\n\nA3. A motor carrier that transports motor vehicles in commerce must maintain at least\n$1,000,000 of public liability insurance. See 49 CFR 387.9.\nQ4. Is a motor carrier required to utilize drivers that have a hazardous materials endorsement on a\ncommercial driver's license (CDL) if the hazardous materials are excepted from the placarding\nrequirements of the HMR?\nA4. No. There is an exemption for transporting vehicles meeting the requirements of 49 CFR\n173.220(g). This exemption excuses the carrier from marking, labeling, and shipping papers.\nFor purposes of the hazardous materials endorsement requirements in 49 CFR Part 383,\n\"hazardous materials\" means any material that has been designated as hazardous under 49 U.S.C.\n5103 and is required to be placarded under subpart F of Part l72 of the HMR or any quantity of a\nmaterial listed as a select agent or toxin in 42 CFR part 73.\nI trust this satisfies your inquiry. This response has been coordinated with the Federal Motor\nCarrier Safety Administration (FMCSA). Please contact the FMCSA should you have further\nquestions concerning the FMCSRs. Please contact this office if we can be of further\nassistance concerning the HMR.\ns~\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nMarch 19,2009\nTHE LAW OFFICES 5reVe-Vl6\nOf ~{l/. I\nPAUL Do BORGHESANI ~ (1/· ~\nApp\"·ccdad/1j\no~-oo 11\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\nWashington, D.C. 20590\nRE: Transportation of Passengers/Commercial Motor Vehicles in Interstate Commerce\nDear Ms. Mitchell:\nThis firm represents numerous motor carriers registered with the Federal Motor Carrier Safety\nAdministration (\"Administration\") and engaged in the transportation of passenger automobiles\nand/or commercial motor vehicles (\"Vehicles\") pursuant to either a certificate or permit to transport\nProperty in interstate commerce. The registered motor carriers are transporting the described\nVehicles either on specially designed automobile transporters/trailers or in drive-away service on\nthe Vehicle's own wheels. The smaller Vehicles utilize gasoline for fuel, and the larger Vehicles\nutilize either gasoline and/or diesel fuel. It is understood that diesel fuel and gasoline are listed as\nHazardous Materials in 49 CFR Part 172.101. The Vehicles being transported by the registered\nmotor carriers, new and/or used, have a limited quantity of gasoline or diesel fuel in their tanks\nprimarily to facilitate loading and unloading when transported on trailers designed for the\ntransportation of Vehicles and larger quantities of gasoline/diesel fuel when the Vehicle is\ntransported in drive-away service. All of the Vehicles have fuel tanks with a capacity of less than\nOne Hundred Nineteen (119) gallons.\n/\nThe issue presented is whether the Hazardous Material Regulations are applicable to the\ntransportation of the described Vehicles having limited quantities of gasoline and/or diesel fuel in\nthe tanks of these vehicles while being moved in interstate commerce.\n• More specifically: Is the registered motor carrier required to maintain and file proof of auto\nliability coverage in the amount of One Million Dollars in compliance with the provisions of\n49 CFR Part 387.301(a)?\n• Is the registered motor carrier, when transporting the Vehicles subject to the Hazardous\nMaterials Regulations governing placarding and other documentation, i.e. Bill of Lading,\ncommodity description, etc.?\n307 S. Main Street, Suite 300 . Elkhart, Indiana ·46516\nTelephone (574) 389-0804 . Fax (574) 293-2214\nEmail pdborglaw@verizon.net\n\n<<<PAGE 4>>>\n\n3/19/2009\nHattie 1. Mitchell\n• Is the registered motor carrier required to utilize drivers that are operating commercial motor\nvehicles requiring a commercial driver's license (\"CDL\") to have a Hazardous Material\nEndorsement in conformity with the provisions of 49 CFR Part 383?\nIt is noted that the applicability of the Hazardous Materials Regulations as well as exceptions\nthereto may be different for gasoline versus diesel fuel, the latter having a much higher flash point\nmay be reclassed as a combustible liquid. In this latter context, it is presently understood that when\ndiesel fuel is transported in non-bulk packagings of less than One Hundred Nineteen (119) gallons,\nit is not subject to the Hazardous Materials Regulations.\nTne registered motor carriers represented by this firm are committed to safety as well as compliance\nwith all applicable regulations including those governing the transportation of hazardous materials.\nEach has a \"satisfactory\" rating and is seeking response to the foregoing questions to ensure that\ntheir present status is not adversely impacted by the transportation of the above-described Vehicles.\nThe circumstances considered, your immediate consideration and response to the foregoing inquiry\nis respectfully requested. If additional information is required. please direct all the requests to the\nundersigned.\nVery Truly Yours,\nThe Law Offices ofPaul D. Borghesani\nL D. £~~ o-0Z.\nPaul D. Borghesani\nPDB/alh\n2","truncated":false,"body_characters":7319}