Mr. James La Porte — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave. SE Washington. D.C. 20590 APR - 7 LUI0 Mr. James La Porte 1670 Axtell Troy, MI 48084 Ref. No. 09-0305 Dear Mr. La Porte: This responds to your November 9,2009 request for clarification concerning the applicability ofthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to materials oftrade (MOTS). Specifically, you ask whether the Federal Motor Carrier Safety Administration (FMC SA) regulations include restrictions on the transportation of gasoline on a commercial motor vehicle that are in addition to the MOTS exception in § 173.6 of the HMR. The Federal Motor Carrier Safety Regulations (FMCSRs; 49 CFR Parts 390-397) do not specifically address MOTS. Provided all applicable requirements in § 173.6 are met, gasoline transported as MOTS is not subject to any other requirements in the HMR. However, the FMCSA mandates the minimum levels of financial responsibility required for motor carriers in 49 CFR Part 387. The table in § 387.9 delineates financial responsibility by type of carrier and commodity transported, and lists the subsequent financial responsibility amount relevant to transport of these shipments. If the vehicle weighs over 10,000 pounds GVW and transports hazardous materials listed in the § 172.101 Hazardous Materials Table ofthe HMR, you are subject to the financial responsibility requirements at a minimum of$I,OOO,OOO I hope this answers your inquiry. If you need additional assistance, do not hesitate to contact this Office. Charles E. Betts Chief, Standards Development ffice ofHazardous Materials Standards#

Page 2Message Page 1 of 3 -Boothe §173.6 Drakeford, Carolyn (PHMSA) MOT From: LA PORTE, JAMES J (ATTSI) jl7454@att.com] 09-0305 Sent: Tuesday, December 15, 2009 9:35 AM To: LA PORTE, JAMES J (ATTSI); Drakeford, Carolyn (PHMSA) Subject: RE: Re PHMSA Hazmat Center Inquiry Carolyn, Thanks for all your assistance. Here is another question. When transporting gasoline under the materials of trade there is a per package limitation of eight gallons. Are there any additional restrictions if the vehicle is a commercial motor vehicle under the Federal Motor Carrier Safety Administration (FMCSA)? Would like a written response. Regards, Jim La Porte 1670 Axtell Troy, MI 48084 (248) 649-7865 From: LA PORTE, JAMES J (ATTSI) To: 'carolyn.drakeford@dot.gov' Sent: Tuesday, October 20, 2009 2:11 PM Subiect: RE: Re PHMSA Hazmat Center Inquiry Carolyn, I have another question. Under the HM regulations transport of diesel fuel in a non-bulk container by ground is not regulated by the HMR. What about a non-bulk package of diesel fuel (50 gallons) with a dispensing hose and pump within an enclosed trailer. What are the HM regulations that would apply. Would like a written response. Jim La Porte Regards, 1670 Axtell Troy, MI 48084 (248) 649-7865 From: carolyn.drakeford@dot.gov [mailto: carolyn.drakeford@dot.gov] Sent: Thursday, July 02, 2009 2:25 PM To: LA PORTE, JAMES 1 (ATTSI) Subject: FW: Re PHMSA Hazmat Center Inquiry From: Drakeford, Carolyn (PHMSA) So: LAPORTE, JAMES 40052,72 PM Cc: Boothe, Deborah (PHMSA) 12/15/2009#

Page 3Message Page 2of3 Subject: RE: Re PHMSA Hazmat Center Inquiry Good afternoon Mr. LaPorte. I've been assigned to work on your letter of clarification (Ref. No. 09-0145). Your fax did not include your mailing address and telephone number. Will you please provide me your mailing address and your telephone number. Thank you. Have a great day! Deborah Boothe Transportation Regulations Specialist USDOT/PHMSA Office of Hazardous Materials StandardS/PHH-1 0 202-366-8553 From: INFOCNTR (PHMSA) Sent: Thursday, June 18, 20098:23 AM To: Drakeford, Carolyn (PHMSA) Subject: FW: Re PHMSA Hazmat Center Inquiry Carolyn, This gentleman would like a written letter of interpretation on the topic discussed below. Thanks, Rob From: LA PORTE, JAMES J (ATTSI) [mailto:jI7454@att.com] Sent: Wednesday, June 17, 20093:17 PM To: training (PHMSA) Subject: FW: Re PHMSA Hazmat Center Inquiry Was at the regional DOT training in Troy, MI and was told I could request an answer in writing and it should be no problem: Would like an e-mail response. When transporting portable generators that contain fuel under 4~ CFRJ"n,22.Q".S5!ctiol1.J:t(41~J they are exempted from the HMR regulations. It states that for quantities of flammable liquid fuel (gasoline) greater than 500 mL (17 ounces) may remain in self-propelled vehicles and mechanical equipment (portable generators) only under the following conditions: • Transportation by motor vehicle or rail car with the following requirements: o The fuel tank caps, engine components and lines must be securely closed to prevent leakage of fuel during transport. o Fuel tanks must not be filled to more than 90% of their total capacity. o Thoroughly wiped to remove any residue of diesel on the outside of the generator. o If practical, the generator should be stored away from direct sunlight and potential ignition sources. 12115/2009#

Page 4Message Page 3 of3 This is also true for diesel fuel (combustible liquid) This only applies to rail and ground transport. My question is two fold. Is this true. Second, if transporting generators on a trailer (let say 10 generators that have 12 gallons of fuel). If these are exempted from the HMR then does the weight of fuel count if transporting these under the Materials of Trade and the 440 pound limit? Please advise. Jim La Porte -----Original Message----From: victoria.lehman@dot.gov [mailto:victoria.lehman@dot.gov] Sent: Wednesday, June 17, 2009 8:43 AM To: LA PORTE, JAMES J (ATTSI) Subject: Re PHMSA Hazmat Center Inquiry Dear James LaPorte, We have received your inquiry about the hazardous materials regulations (49 CFR Parts 171-180). The hazardous materials regulations are available at the following URL: http://hazmat.dot.gov/reqs/rules.htm A hazardous materials regulatory specialist would be happy to speak with you regarding your inquiry. You may contact the Hazardous Materials Information Center, which is staffed with regulatory specialists who can quickly answer your questions by phone, Monday through Friday, 9 AM - 5 PM EST at (800) 467-4922 or (2Q2) 366-4488. Alternatively, if you would like a regulatory specialist to contact you directly, please respond to this e-mail with a telephone number where you can be reached between 9 AM and 5 PM EST. Sincerely, Victoria, Hazardous Materials Specialist An e-mail response from this office is considered informal guidance. Formal guidance may be requested in accordance with 49 CFR 105.20. 12/15/2009#