Kasi Infrared Corporation — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1 200 New Jersey Ave, S.E. Washington, D.C. 20590 MAY 2 9 2009 Mr. Thomas Allen Kasi Infrared Corporation P.O. Box 895 Claremont, NH 15275 Ref. No. 09-0078 Dear Mr. Allen: This responds to your March 20,2009 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-1 80). Your company builds chassis mounted infrared asphalt repair equipment. The equipment consists of an infrared asphalt re-claiming box and a six-foot-by-eight-foot rear-mounted infrared chamber for heating asphalt pavement for in-place restoration. The entire system is fueled by propane from two 420-pound multi-valve vapor draw tanks. You ask if the permanently attached propane fuel tanks for the asphalt re-claiming system are eligible for the exception for mechanical equipment in $ 1 73.220. The answer is no. The provisions of 9 173.220 do not apply to the situation you describe. Rather, the requirements of this section apply only to the transportation as cargo of internal combustion engines, self-propelled vehicles, mechanical equipment containing internal combustion engines, and battery-powered vehicles and equipment. A fuel tank meeting the requirements in the Federal Motor Canier Safety Regulations (FMCSR) for fuel systems and used only for supplying fuel for the operation of a motor vehicle or its auxiliary equipment is not subject to regulation under the HMR with respect to its use on the vehicle (see FMCSR requirements at 49 CFR 393.65 and 393.69). Such tanks must conform to all applicable marking requirements and must be maintained in accordance "Standards for the Storage and Handling of Liquefied Petroleum Gases" of the National Fire Protection Association (NFPA). I hope this information is helpful. If you have further questions, please do not hesitate to contact this Office or the Federal Motor Carrier Safety Administration. Sincerely, G 6 %hales E. Betts Chief, Standards Development Office of Hazardous Materials Standards#

Page 2March 20,2009 Office of Hazmat Standards Attention PHH-10 East Building 1200 N.J. Avenue SE Washington, DC 20590 Request for Interpretation of 173.220 We have been building chassis mounted Infrared Asphalt Repair equipment for 12 years. Prior to us building this equipment is was built by Power-Ray Corp for 20 years. (KASI purchased the remainder of Power-Ray) The equipment consists of an infrared asphalt re-claiming box and a six (6) foot by eight (8) foot rear mounted infrared chamber for heating asphalt pavement for in place restoration. This entire system is fueled by propane vapor from two four hundred twenty (420) pound multi valve vapor draw tanks. These tanks are permanently affixed to a one quarter (114) inch thick steel diamond plate deck which is fixed to the chassis frame. The tank fasteners are four three eighth (318) inch thick welded steel pads per tank bolted to the deck with five eighth (518) diameter hardened steel bolts. All of the piping is permanently affixed stainless steel continuous tubing with Swage Lock fittings. I have included photos of the mounted tank bases, the vapor piping, and the complete chassis mounted system. Over the years both Power-Ray and KASl have periodically been asked by customers if placarding and hazmat certification was required on this equipment. In each instance we called you folks and were referred to this regulation as the fit for this equipment and that no placarding was required. The key points we were referred to were that this is a self propelled system with permanently affixed tanks and the propane vapor was utilized solely for the operation of the system. We would like to have an interpretation to make certain we are correct in the way we configure and present this system. Thomas W. Allen General Manager KASl lnfrared Corp. PO6 895 386 River Rd. Claremont, NH 03743#

Page 4USDOT # 953614 GVW 26,000 MONTANA#