{"operation":"document","citation":"11-0181","title":"McAda Fluids Heating Services — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-11-16","effective_on":null,"summary":"11-0181 response to McAda Fluids Heating Services concerning 171.8, 172.502, 172.532.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0181.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0181.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0181","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110181.pdf","body":"<<<PAGE 1>>>\n\nu.s. Department ~ 200 New Jersey Avenue SE\nof Transportation Washington. DC 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration NOV 1 6 2011\nMr. James S. McAda\nPresident\nMcAda Fluids Heating Services\nP.O. Box 1080\nBay City, Texas 77404\nRef. No. 11-0181\nDear Mr. McAda:\nThis responds to your letter requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to trailer-mounted oilfield water\nheating units with burners fueled by propane gas. The gas is transported in MC 331\nspecification tanks constructed in accordance with the American Society of Mechanical\nEngineers Boiler and Pressure Vessel Code (ASME Code) and are mounted to the same\ntrailer as the heating units. You ask whether the water heating units you describe in your\nletter are subject to the HMR and, if not, what actions you can voluntarily take to\ncommunicate the hazards posed by transporting such units on a public highway.\nIt is the opinion of this Office the tanks you describe are fuel tanks and, therefore, are not\nsubject to the HMR. As defined in 49 CFR 171.8, a fuel tank means \"a tank, other than a\ncargo tank, used to transport flammable or combustible liquid, or compressed gas for the\npurpose of supplying fuel for propulsion of the transport vehicle to which it is attached, or\nfor the operation ofother equipment on the transport vehicle.\" Fuel systems that meet the\nrequirements under 49 CFR 393.65 and 393.67 of the Federal Motor Carrier Safety\nRegulations (FMCSR) and are not used as packaging for hazardous materials are subject\nonly to the FMCSR. As prescribed in 49 CFR 393.69(a), a fuel system that uses liquefied\npetroleum gas as a fuel for the operation of a motor vehicle or for the operation of\nauxiliary equipment installed on, or used in connection with, a motor vehicle must\nconform to the \"Standards for the Storage and Handling of Liquefied Petroleum Gases\" of\nthe National Fire Protection Association (NFPA), Battery March Park, Quincy, MA 02269.\nRegarding voluntary hazard communication, it is permissible to display the\nFLAMMABLE GAS placard prescribed in 49 CFR 172.532. The HMR authorize placards\nto be displayed for a hazardous material, even when not required, provided the placarding\nconforms to the requirements in SubparLF of Part 172. See 49 CFR 172.502(c).\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\n~ MeADA DRILLINGFLUIDSINe.\nP.O. Box 1080\nBay City, Texas 77404-1080\n(979) 244-3444\n~e Ven(;)\n9 11 J.. 8\nDe+iV\"} ,'\"-h Oh s\nIf-DIS'\n25 July 2011\nMr. Charles E. Betts\nDirector, Office of Hazardous Materials Standards\nU.S. DOT/PHMSA (PHH-I0)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nRef: Clarification as to Placard or Not To Placard \"Fuel Tanks\" as defined CFR 49 Part 171.8\nMr. Betts:\nThe primary purpose of this letter is to try to resolve an issue we have as to either Placard or\nnot Placard the LPG (Propane) Fuel Tanks on our HydrO-Thermal Units, which are trailer\nmounted oilfield water heating units with burners being fueled with Propane. These tanks are\nASME constructed MC-331 LPG tanks having capacity of 3000 gallons, used exclUSively to fuel\nburners ranging from 16MM BTU, 21MM BTU and 35MM BTU units as needed to heat large\namounts of water for oilfield applications. However, it is a general rule that when we are in\ntransit relocating the units to another location we will only have near 10% capacity of the fuel\ntank with propane as we refill the units after they are set up on the new location.\nOur concern is that Troopers in Texas as well as in other states occasionally interpret\nregulations in the CFR 49 to mean these Fuel Tanks may not apply to the definition of Fuel\nTanks and feel we are required to Placard these \"Fuel Tanks\". In referencing CFR 49 Part 171.8,\ndefining\"FUEL TANKiI--------or for the operation of other equipment on the transport vehicle\",\nas well as the definition of \"Hazardous Material\" states the material to be Hazardous when\n'7ransported in Commercell\n, which is not applicable in our case as the fuel is used only to fuel\nour units, we clearly see that we do fit the CFR 49 Part 171.8 criteria thus not required to\nPlacard.\nWe would like a clear ruling as applicable to our Hydro Thermal Units, if we can Placard these\nunits permissively with PHMSA consent to help with maintaining a diligent effort with\nTroopers, but without having to comply with other regulations in the CFR 49 such as shipping\npapers, markings and other applicable regulations that we now are not subject to as per CFR 49\nPart 171.8.\n\n<<<PAGE 3>>>\n\n, MeADADR/II/NOllD/DS/NC.\nP.O. Box 1080\nBay City. Texas 77404-1080\n(979) 244-3444\nWith regards to the Safety Issues for all First Responders as well as any Troopers or any FMCSA\nenforcement officers, as they may be responding to emergencies, we would like to do what we\ncan to help in that respect, but without being held accountable for any non-applicable\nregulations.\nWe respectfully request that you respond with your recommendations to us in writing as we\nwish to be able to discuss and review your findings with our operators as well as applicable\nFMCSA Enforcement personnel and State Troopers from all states as we maintain a diligent\nand knowledgeable approach to our handling of material in our Oilfield Industry.\nWe will be glad to supply you with photos of our equipment upon your request. We can do this\nby Email or direct mail if you would like, or you can view our equipment on our website at:\nwww.mcadafluidsheating.com\nThank you,\nMcAda Fluids Heating Services\nP.O. Box 1080\nBay City, Texas 77404\nCc: Sgt. David Johnson - Commercial Vehicle Enforcement\nTexas Department of Public Safety - 6A03\nVictoria, TX\nCc: Roy Smith -\nSaf~ty Coordinator\nMcAda Drilling Fluids, Inc.\nBay City, TX 77404","truncated":false,"body_characters":5943}