{"operation":"document","citation":"09-0078","title":"Kasi Infrared Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-05-29","effective_on":null,"summary":"09-0078 response to Kasi Infrared Corporation concerning 173.220.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0078.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0078.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0078","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090078.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials\nSafety Administration\n1 200 New Jersey Ave, S.E.\nWashington, D.C. 20590\nMAY 2 9 2009\nMr. Thomas Allen\nKasi Infrared Corporation\nP.O. Box 895\nClaremont, NH 15275\nRef. No. 09-0078\nDear Mr. Allen:\nThis responds to your March 20,2009 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-1 80). Your company builds chassis\nmounted infrared asphalt repair equipment. The equipment consists of an infrared\nasphalt re-claiming box and a six-foot-by-eight-foot rear-mounted infrared chamber for\nheating asphalt pavement for in-place restoration. The entire system is fueled by propane\nfrom two 420-pound multi-valve vapor draw tanks. You ask if the permanently attached\npropane fuel tanks for the asphalt re-claiming system are eligible for the exception for\nmechanical equipment in $ 1 73.220.\nThe answer is no. The provisions of 9 173.220 do not apply to the situation you describe.\nRather, the requirements of this section apply only to the transportation as cargo of\ninternal combustion engines, self-propelled vehicles, mechanical equipment containing\ninternal combustion engines, and battery-powered vehicles and equipment.\nA fuel tank meeting the requirements in the Federal Motor Canier Safety Regulations\n(FMCSR) for fuel systems and used only for supplying fuel for the operation of a motor\nvehicle or its auxiliary equipment is not subject to regulation under the HMR with respect\nto its use on the vehicle (see FMCSR requirements at 49 CFR 393.65 and 393.69). Such\ntanks must conform to all applicable marking requirements and must be maintained in\naccordance \"Standards for the Storage and Handling of Liquefied Petroleum Gases\" of\nthe National Fire Protection Association (NFPA).\nI hope this information is helpful. If you have further questions, please do not hesitate to\ncontact this Office or the Federal Motor Carrier Safety Administration.\nSincerely, G 6\n%hales E. Betts\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nMarch 20,2009\nOffice of Hazmat Standards\nAttention PHH-10\nEast Building\n1200 N.J. Avenue SE\nWashington, DC 20590\nRequest for Interpretation of 173.220\nWe have been building chassis mounted Infrared Asphalt Repair\nequipment for 12 years. Prior to us building this equipment is was built by\nPower-Ray Corp for 20 years. (KASI purchased the remainder of Power-Ray)\nThe equipment consists of an infrared asphalt re-claiming box and a six (6)\nfoot by eight (8) foot rear mounted infrared chamber for heating asphalt\npavement for in place restoration. This entire system is fueled by propane\nvapor from two four hundred twenty (420) pound multi valve vapor draw\ntanks. These tanks are permanently affixed to a one quarter (114) inch thick\nsteel diamond plate deck which is fixed to the chassis frame. The tank\nfasteners are four three eighth (318) inch thick welded steel pads per tank\nbolted to the deck with five eighth (518) diameter hardened steel bolts. All of\nthe piping is permanently affixed stainless steel continuous tubing with\nSwage Lock fittings. I have included photos of the mounted tank bases, the\nvapor piping, and the complete chassis mounted system.\nOver the years both Power-Ray and KASl have periodically been asked by\ncustomers if placarding and hazmat certification was required on this\nequipment. In each instance we called you folks and were referred to this\nregulation as the fit for this equipment and that no placarding was required.\nThe key points we were referred to were that this is a self propelled system\nwith permanently affixed tanks and the propane vapor was utilized solely for\nthe operation of the system. We would like to have an interpretation to make\ncertain we are correct in the way we configure and present this system.\nThomas W. Allen\nGeneral Manager\nKASl lnfrared Corp.\nPO6 895\n386 River Rd.\nClaremont, NH 03743\n\n<<<PAGE 3>>>\n\n\n\n<<<PAGE 4>>>\n\nUSDOT # 953614\nGVW 26,000\nMONTANA\n\n<<<PAGE 5>>>\n\n\n\n<<<PAGE 6>>>\n\n\n\n<<<PAGE 7>>>","truncated":false,"body_characters":4050}