{"operation":"document","citation":"11-0060","title":"National Electrical Manufacturers Association — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-07-07","effective_on":null,"summary":"11-0060 response to National Electrical Manufacturers Association concerning 173.220.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0060.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0060.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0060","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110060.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department 1200 New Jersey Avenue SE\nof Transportation Washington, DC 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration\nJUL 0 7 2011\nMr. Craig Updyke\nManager, Trade & Commercial Affairs\nNational Electrical Manufacturers Association\n1300 North 17th St., Suite 1752\nRosslyn, VA 22209\nReference No. 11-0060\nDear Mr. Updyke,\nThis is in response to your request for clarification of the Hazardous Materials Regulations\n(HMR; 49 CFR, Parts 171-180) applicable to the transportation by highway of fuel tanks\non mobile generators. Your questions are paraphrased and answered below.\nQ1. What are the HMR requirements for the transportation of fuel tanks on \"mobile\ngenerator sets\" (\"gensets\")? The fuel tanks have varying capacities, from 160 gallons\nto 1,400 gallons for diesel fuel.\nAI. Ifby \"mobile generator sets\" you mean portable generators, provided the fuel tanks\nare securely closed, the portable generators are not otherwise subject to the HMR\nwhen being transported by motor vehicle and rail when the fuel tank contains more\nthan 500 mL (17 ounces) of liquid fuel. Also see § 173.220(h). The § 173.220\n(b)(4)(i) modal exceptions for transportation by motor vehicle and rail provide for\nquantities of flammable liquid fuel greater than 500 mL (17 ounces) to remain in\nthe fuel tank in self-propelled vehicles and mechanical equipment if the fuel tanks\nare securely closed.\nIf the fuel tanks are empty, unless other hazardous materials that are subject to the\nHMR are involved, the generator is not subject to the HMR, including the\nrequirement for fuel tanks to be securely closed. Under the HMR, a fuel tank is\nconsidered empty when the fuel tank and the fuel lines have been completed\ndrained, sufficiently cleaned of residue, and purged of vapors to remove any\npotential hazard (see § 173.220(a)(2».\nQ2. Are there any exemptions or \"alternate regulatory approach\" to the transportation of\nfuel tanks on mobile generators?\nA2. With respect to portable generators being transported by motor vehicle, the modal\nexceptions in § 173.220 make regulatory options unnecessary (see AI).\n\n<<<PAGE 2>>>\n\nQ3. Does PHMSA or state regulators have jurisdiction for regulating portable generators?\nA3. PHMSA has jurisdiction for regulating the transportation ofportable generators in\ncommerce. States must adopt regulations that are comparable to, and do not conflict\nwith, the HMR.\nQ4. How should Canada's recent amendment to the original Transportation of Dangerous\nGoods Act of 1992 be interpreted or addressed?\nA4. Interpretations pertaining to Canadian regulations should be directed to Linda Hume\nat Transport Canada, TDG Canadian Government Publishing Center, Supply and\nServices, Canada, Ottawa, Ontario, Canada KIA, 059, 416-973-1868,\nhttp://www.tc.gc.ca Ms. Hume's e-mail addressislinda.hume-sastre@tc.gc.ca .\nI hope this information is helpful. Please contact this office should you have additional\nquestions.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom: Betts, Charles (PHMSA) J 1-00100\nSent: Tuesday, March 08, 2011 6:58 AM\nTo: Drakeford, Carolyn (PHMSA)\nSubject: FW: Questions on U.S.-Canada Regs for Specific Mobile Fuel Tanks\nCarolyn Thanks,\nCharles\nPlease\nlog in this new request for interpretation and assign for proper handling.\nFrom: Updyke, Craig [mailto:Cra Updyke@nema.org]\nSent: Monday, March 071 20111:07 PM\nTo: Bettsl Charles (PHMSA)\nCc: Kelley, Shane (PHMSA)\nSubject: Questions on U.S.-Canada Regs for Specific Mobile Fuel Tanks\nHi Charles,\nI hope you are doing well. A member company of ours is seeking clarification regarding regulation of fuel tanks on\nmobile generator sets. Thanks in advance for your replies to the following questions.\n1. What are the requirements from DOT/PHMSA for Rental/Mobile Genset fuel tanks?\na. b. Capacity of diesel fuel (UN1202), packaging group-III, varies from 160 gallons to 1400 gallons.\nThe equipment in question are fuel tanks on rental/mobile gensets and the number of gensets on the\nroad at any given time can vary.\n2. Are there any exemptions or an alternate regulatory approach that we can adhere to so we comply with the\nregulations? Would these options below work?\na. UL-142: Steel aboveground tanks for Flammable and combustible liquids\nb. Place a label/placard on fuel tanks, stating \"00 not fill the tank while on the road\" to end-users.\nc. Any exemption (potentially grandfathered) where we could sell these products without complying to\nDOT regulations as rental/mobile genset fuel tanks are not literal mobile products in comparison to other\non/off-road products?\n3. Who has jurisdiction for regulating fuel tanks in mobile gensets?\na. PHMSA?\nb. State regulators?\n4. Is there any consensus building at the U.S. DOT regarding how to interpret or address Canada's recent\namendment to the original Transportation of Dangerous Goods Act of 1992?\nBelow is a view of Transport Canada's regulation of fuel tanks on mobile gensets:\na. b. CPG must comply with \"Transportation of Dangerous Goods\" regulations.\nThere is no capacity exemption for fuel tanks.\n1\n\n<<<PAGE 4>>>\n\nc. Canada does have regulations in force related to compliance of basic fuel tanks but none of the\nregulations specifically apply to stationery applications. All of the fuel tank regulations are now incorporated in\nTransport Canada, through the Transportation of Dangerous Goods Act.\nd. Transport Canada have complete jurisdiction on regulating fuel tanks.\nSincerely and respectfully,\nCraig Updyke\nManager, Trade & Commercial Affairs\nNational Electrical Manufacturers Association (NEMA)\n703841 3294\n703 841 3394 (fax)\n703 3506887 (mobile)\nera updyke@nema.org\nwww.nema.org\n2","truncated":false,"body_characters":5738}