{"operation":"document","citation":"10-0143","title":"URS Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-09-17","effective_on":null,"summary":"10-0143 response to URS Corporation concerning 173.159, 173.309.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0143.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0143.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0143","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100143.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation ;~jpeline and Hazardous Materials '3afety Administration\nSEP 1 7 2010\nI 200 New Jersey Ave, SE\nWashington, D.C. 20590\nMr. Andrew Romach\nRegulatory Compliance Manager\nURS Corporation\n1600 Perimeter Park Drive\nMorrisville. NC 27560\nRef. No. 10-0143\nDear Mr. Romach:\nThis responds to your July 8, 2010 letter regarding the applicability of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) to the transportation of a fire extinguisher.\nAccording to your letter and subsequent telephone conversation with a member of my staff.\nportable structures such as mobile office trailers and freight containers configured as jobsite\ntrailers are transported by contracted motor vehicle to various jobsites for use as temporary\nstructures. These structures are often outfitted with a portable fire extinguisher mounted to an\ninterior wall for use in emergency when the structures are occupied or in use. The fire\nextinguishers are primarily placed in the structures because of Occupational Safety and Health\nAdministration (OSHA) requirements (e.g., see 29 CFR 1910.157 and 1910.252) or local fire\ncodes but are also placed in the structures based on company policy. Specifically, you request\nclarification of the applicability of the HMR to the transportation by highway of a fire\nextinguisher incorporated as part of a portable structure.\nYou reference a June 12, 2007, letter of interpretation (Ref. no. 07-0092) in which PHMSA\nclarifies that a fire extinguisher that is an integral part of a motor vehicle is not in commerce and\nthus, is not subject to regulation under the HMR. It is your understanding that a portable\nstructure such as a mobile office trailer functions as a motor vehicle and therefore, a fire\nextinguisher mounted on the interior of the trailer would be considered an integral part of the\nmotor vehicle, and thus, not in commerce. Additionally, for those instances when a fire\nextinguisher is required safety equipment which must be mounted in a motor vehicle, trailer, or\nfreight container; or mounted on equipment transported aboard a motor vehicle or trailer, you\nask whether the fire extinguisher is always considered integral to the motor vehicle and\ntherefore, not in commerce.\nThe portable structures you describe in your letter are jobsite trailers. They are not used for the\npurpose of transporting hazardous material as was the case in the June 2007 letter you reference.\n\n<<<PAGE 2>>>\n\nIt is the opinion ofthis Office that fire extinguishers transported in portable structures (i.e.,\njobsite trailers) tor safety purposes and in accordance with OSHA requirements or local fire\ncodes are not in commerce. Thus, the fire extinguishers are not subject to the HMR.\nI hope this infonnation is helpful. If you have further questions, please contact this office.\nSincerely,\n,'\"\"\\ ,.J\n. --, 1/\\\n,~\nBen Supko ,\nActing Chief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nDe. k.l~deren\n~113,/5Y\nf3 1,,\"3·309 .\n13a:l-jc\"e5 / Ft;-e &h'Y]lJl'1Ifr\nlo-OJtf3\nJuly 8, 2010\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\nU.S. DOT/PHMSA (PHH-10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nDear Mr. Mazzullo:\nI am writing to you concerning the transportation of a portable fire extinguisher mounted to the\ninside wall of a small portable building containing construction tools. This small portable\nbuilding is transported by a contracted carrier to a jobsite for temporary use by field engineers.\nThe portable fire extinguisher remains mounted on the interior wall once the portable building is\ninstalled at the jobsite. The portable fire extinguisher is required to be available in the portable\nbuilding in the event that a fire occurs at the jobsite while the field engineers are working. The\nfire extinguisher is a DOT specification cylinder meeting the criteria of a Division 2.2 hazardous\nmaterial.\nI have reviewed DOT interpretation 07-0092 (issued June 12,2007) (see attached), which allows\ntrailers transporting batteries under exception in 49 CFR 173.159( e)( 1) to be equipped with a fire\nextinguisher that meets the definition of a hazardous material. Based on DOT's response, the\nfire extinguisher would not be considered a hazardous material in transport because the fire\nextinguisher is considered an integral part of the motor vehicle and, therefore, not in commerce.\nBecause the portable building is functioning as a trailer for the purpose oftransporting the\nconstruction tools, would the fire extinguisher mounted to the interior wall of the portable\nbuilding be considered an integral part of the motor vehicle and, therefore, not be considered\ntransportation in commerce?\nIn those instances where a fire extinguisher is required safety equipment which must be mounted\ninside of a motor vehicle, trailer, or freight container; or must be mounted on equipment\ntransported inside of the trailer or vehicle (for example, for a motor vehicle transporting a trailer\ncontaining a large generator or turbine; or a freight container transported for use as a portable\nbuilding), would that fire extinguisher always be considered integral to the motor vehicle and,\ntherefore, not be considered transportation in commerce?\nI appreciate your consideration ofthis request\nSincerely,\nAndrew N. Romach\nRegulatory Compliance Manager\nURS Corporation\nURS Corporation\n1600 Perimeter Park Drive\nMorrisville, NC 27560\nTel: 919.461.1220\nFax:919.461.1371\nandy_romach@urscorp.com","truncated":false,"body_characters":5523}