{"operation":"document","citation":"12-0053","title":"Blue Sky Technologies — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-05-09","effective_on":null,"summary":"12-0053 response to Blue Sky Technologies concerning 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0053.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0053.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0053","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120053.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMAY 0 9 2012\nMr. Charley Simpson\nBlue Sky Technologies\n396 CR4929\nNewark, TX 76071\nRef. No. 12-0053\nDear Mr. Simpson:\nThis responds to your February 9, 2012 letter requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180). According to your letter, your company uses\nliquefied petroleum gas (LPG) propane fuel tanks to fuel your desiccant drying units which are\ntrailer-mounted drying machines with burners fueled by propane. The fuel for these drying\nmachines is stored in 4 separate DOT420 tanks, each with a capacity of 100 gallons. These tanks\nare permanently mounted and hard-plumbed together for the sole purpose of fueling your trailer-\nmounted drying machines. You state that our Hazardous Materials Information Center (HMIC)\ninformed you that you do not have to placard your vehicle based on our previous interpretation\nletter Ref. No. 11-0181. Specifically, you request confirmation that interpretation letter Ref. No.\n11-0181 is applicable to your fuel tanks.\nBased on the information you provided, interpretation letter Ref. No. 11-0181 is applicable to\nyour fuel tanks. It is the opinion of this office that the tanks you describe are fuel tanks and are\nnot subject to the HMR, as long as they meet the requirements pursuant to 49 CFR 393.65 and\n393.67 of the Federal Motor Carrier Safety Regulations (FMCSR). Fuel tanks used in the\nmanner in which you described are subject only to the FMCSR.\nI hope this answers your inquiry. If you need additional assistance, please contact this office at\n202-366-8553.\nBen Supko\nActing Chief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nBoo+he..-\n~lll·&.\nFebruary 9,2012\nU.S. DOT/PHMSA\nRequest for Formal Letter Of Interpretation\nbetiV1; f-1ons\n12. -o o53\nRegarding: Clarification as to Placard or Not to Placard fuel tanks as defined CFR 49 part 171.8\n(Fuel tank means a tank other than a cargo tank, used to transport flammable or combustible liquid, or\ncompressed gas for the purpose of supplying fuel for propulsion of the transport vehicle to which it is\nattached, or for the operation of other equipment on the transport vehicle.)\nAlthough we have already been verbally informed by the U.S. DOT Hazardous, Materials Information\nCenter that we are not required to Placard based on existing Interpretation #11-0181, which is similar\nto if not identical to Blue Sky Technologies circumstances' described below, Blue Sky Technologies is\nrequesting a Formal Letter of Interpretation specifically addressing the transport of Blue Sky\nTechnologies propane fueled equipment, or to be added by name to existing Interpretation.\nThe primary purpose of this letter is to clarify the issue of whether we need to placard or not placard\nthe LPG (propane) fuel tanks that fuel our Desiccant Drying Units which are trailer mounted Drying\nMachines with burners fueled by propane. These drying machines are fueled by 4 separate DOT#420\ntanks with a capacity of 100 gallons per tank and are permanently mounted, and hard plumbed\ntogether for the sole purpose of fueling our trailer mounted drying machines.\nOur concern is that Troopers in Texas as well as other states and or propane distributers may\noccasionally interpret regulations in the CFR 49 regarding \"Fuel Tanks\" incorrectly and in a manner\nthat may not apply to our circumstance and may feel we are required to Placard these \"Fuel Tanks\". referencing CFR 49 part 171.8 defining \"Fuel Tank\" \" .... or for the operation of other equipment on the\ntransport vehicle\" and referencing the definition of \"Hazardous Material\" as stating the material to be\nHazardous when \"Transmitted in Commerce\" which is not applicable in our case as the fuel is used for\nthe sole purpose of fueling our units. We believe and have had verbal confirmation from U.S. DOT\nHazardous Materials Information Center that we are not required to Placard.\nIn\nWe would like a clear ruling as applicable to transporting Blue Sky Technologies Mobil Drying Units\nincluding their permanently plumbed and mounted DOT #420 Fuel Tanks to and from job sites and\npropane distributors stating we are not required to Placard.\n\n<<<PAGE 3>>>\n\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 can to\nhelp in that respect, but without being held accountable for any non-applicable regulations. To that\nend, we would like to know if we can voluntarily Placard these units permissively with the PHMSA in a\ndiligent effort to inform Troopers, and other First Responders that could be responding to\nemergencies, but without having to comply or be accountable for any non- applicable regulations in the\nCFR 49.\nWe respectfully request that you respond with your recommendations to us in writing as we wish to be\nable to discuss and review your findings with our operators as well as applicable FMCSA Enforcement\npersonnel, State Troopers from all states, and propane distributors as we maintain a diligent and\nknowledgeable approach to our handling of material in our Restoration Industry.\nWe will be glad to supply you with photos of our equipment upon your request. We can do this by Email\nor direct mail if you would like.\nThank You,\nCharley Simpson\n817-498-7558\nsimcrs@charter.net\nBlue Sky Technologies\n396 CR 4929\nNewark TX 76071","truncated":false,"body_characters":5537}