{"operation":"document","citation":"13-0120","title":"Western International, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-09-11","effective_on":null,"summary":"13-0120 response to Western International, Inc. concerning 172.502, 172.542, 172.544.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0120.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0120.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0120","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130120.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\nSEP 1 1 2013\nMr. David Ebbers P.E.\nSenior Engineer\nWestern International, Inc.\n290 Quarry Rd.\nMilford, CT 06460\nRef. No. 13-0120\nDear Mr. Ebbers:\nThis is in response to your letter requesting clarification of the Hazardous Materials Regulations\n(HMR; 49 CFR 171-180) applicable to trailer-mounted tanks containing diesel fuel used to\npower back-up generators, pumps, and other construction equipment installed on the same\ntransport vehicle (e.g., flat-bed trailer). You state the bulk tanks range in capacity from 132\ngallons to 1240 gallons for IBCs and 2450 and 5000 gallons for UN portable tanks (T9). You\nask whether the fuel tanks you describe in your letter are subject to the HMR and, if not, what\nactions you can voluntarily take to communicate the hazards posed by transporting such units on\na public highway.\nFirst, please note that an IBC may not have a volumetric capacity greater than 3000 liters (793\ngallons). That said, it is the opinion ofthis Office that if the tanks described in your letter meet\nthe requirements for fuel systems under 49 CFR 393.65 and 393.67 of the Federal Motor Carrier\nSafety Regulations (FMCSR), they are not subject to the HMR. As defined in 49 CFR 171.8, a\nfuel tank means \"a tank, other than a cargo tank, used to transport flammable or combustible\nliquid, or compressed gas for the purpose of supplying fuel for propulsion of the transport\nvehicle to which it is attached, or for the operation of other equipment on the transport vehicle.\"\nRegarding voluntary hazard communication, it is permissible to display the FLAMMABLE or\nCOMBUSTIBLE placard prescribed in 49 CFR 172.542 and 172.544, respectively. The HMR\nauthorize placards to be displayed for a hazardous material, even when not required, provided the\nplacarding conforms to the requirements in Subpart F of Part 172. See 49 CFR 172.502(c).\nI trust this information is helpful. Please contact us if you require further assistance.\nSincerely, QL ~ \\\nb J) ·T. Glenn~ . .\nCh1ef, Regulatory Review and Remventwn Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\n5fev€v1S\n~ 113· '-.~0\n~113-5bl@-)\nApplif.ahil:!j':tPiaet:~rd~\n/~·()!~\n5/30/13\nU.S. DOT\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH-10\nEast Building\n1200 New Jersey Avenue, SE.\nWashington, DC 20590-0001\nRef: Primarily clarification as to the Applicability of 49 CFR 173.220 for Fuel tanks being transported\nby motor vehicles for the operation of other equipment on the transport vehicle.\nSecondly as to the Applicability of \"Permissive Placarding\" of the before mentioned Fuel tanks,\naccording to 49 CFR 172.502 (c).\nWestern International has been building fuel storage and Transportation tanks for since 1964. We are\ncommitted to the safe storage and transport of fuel. Our mission statement is to be the \"Most\nTrusted Fuel Handling Resource,\" and we take that goal very seriously.\nWe manufacture a range of tanks called the Transcube. The Transcube is a double walled UN\napproved IBC with sizes ranging from 132 US gallons through to 1240 US gallons. Larger sized\nTranscubes are built to UN portable tank (T9) standards and are made in 2450 and 5000 gallon\ncapacities. We manufacture these to all applicable regulations, to the highest standard. We have an\nexcellent safety record and have never had a serious Environmental or HazMat incident resulting\nfrom failure of a tank.\nOur tanks are usually used to provide additional fuel to back up generators and pumps and other\nconstruction equipment. The tanks are transported to and from the job site or location of work via\nflatbed truck or trailer along with the piece of machinery that is being fueled. (See attached pictures).\nIt is in the light of this that we write to you, on behalf of our business and our client base, we are\nseeking a written interpretation and confirmation of guidance provided in referenced letters of\ninterpretation (McAda drilling Ref No. 11-0181) and correspondence provided by the DOT/Haz Mat\nSpecialist (Ref. David Ford}.\nThe purpose of our letter of interpretation is to provide factual documentation to highway regulators\nand our customers\nPer DOT 49 CFR, and the clarification correspondence from David Ford, US DOT Hazardous Materials\nSpecialist, dated 10 May 2013, '1the exception in 173.220 is generally applicable to engines and\nequipment that have an integrated fuel tank that is permanently connected. As referenced in the\nMcAda letter, certain exceptions exist for fuel tanks that are not intended for propulsion of the\ntransport vehicle, however, is intended for the operation of equipment installed on the transport\nvehicle. As explained, by David Ford, the McAda letter discusses propane tanks; however, Mr. Ford\n\n<<<PAGE 3>>>\n\ncontends that the applicability is for diesel fuel tanks as well. Per Mr. Ford, if the tank meets the\ndefinition of a fuel tank in Section 171.8 (see below}, then 173.220 applies. Subparagraph (h) take the\ntank completely out of the Hazardous Material Regulations, so placards and therefore a CDL are not\nrequired.\nA fuel tank means \"a tank, other than a cargo tank, used to transport flammable liquid or combustible\nliquid or compressed gas for the purpose of supplying fuel for propulsion of the transport vehicle to\nwhich it is attached, or for the operation of other equipment on the transport vehide.\"\nWe agree with Mr. Ford in that a delivery of a fuel tank with other equipment in transport on the\ntransport vehicle meets this definition and would like a clear ruling that the HMR would not apply in\nthis case (as shown in photographs).\n-Additionally, in the spirit of Hazard Communication and certain customer requirements, we also\nseek clarification and approval to voluntarily placard the fuel tanks as prescribed in 49 CFR 172.532,\nas referenced in the McAda letter, and that in doing so, will not subject our company or our\ncustomers to HMR.\nIn closing, we would appreciate a letter of confirmation of the above HMR exemption for fuel tanks\nfor the operation of other equipment on the transport vehicle and clarification that voluntary use of\nplacarding is authorized without triggering HMR.\nWe will be glad to supply you with additional photos of our equipment upon your request. We can do\nthis by Email or direct mail if you would like, or you can view our equipment on our website at:\nwww.western-intl.com.\nThank you,\nDavid Ebbers P.E.\nSenior Engineer\nWestern International, Inc.\n290 Quarry Rd.\nMilford, CT 06460\nE I debbers@western-intl.com\nReferences and Attachments:\n• McAda Letter dated Nov 16, 2011 Ref No. 11-0181\n• David Ford, DOT Haz Mat Specialist correspondence regarding exemption offuel tanks from\nHMR\n• Photographs of typical fuel tank tranports for the operation of other equipment on the\ntransport vehicle\n\n<<<PAGE 4>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMr. James S. McAda\nPresident\nMcAda Fluids Heating Services\nP.O. Box 1080\nBay City, Texas 77404\n~ 200 New Jersey Avenue SE\nWashmgton. DC 20590\nNOV 1 6 2011\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 of other 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 Subpart.F of Part 172. See 49 CFR 172.502(c).\nl trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\n· ~~~~/n7V'c~~\n~ ,_,..- ' '\\,.\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n-------- -·\n\n<<<PAGE 5>>>\n\n.. McAOII DRILLING FLUIDS INC.\nP.O. Box 1080\nBay City, Texas 77404·1080\n(979) 244-3444\n'&-1-e ven ~\n9 11 J .. 8\nDe+iV1,~-hons\nII-DIS I\n25July 2011\nMr. Charles E. Betts\nDirector, Office of Hazardous Materials Standards\nU.S. DOT/PHMSA (PHH-10)\n1200 New Jersey Avenue, SE East Building, 2\"d Floor\nWashington, DC 20590\nRef: Clarification as to Placard or Not To Placard \"Fuel Tanksn 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 TANK\"-------- or for the operation of other equipment on the transport vehicle'',\nas well as the definition of \"Hazardous Materialu states the material to be Hazardous when\n'7ransported in Commerce .. ', 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 6>>>\n\nMcADA DRilliNG FLUIDS INC.\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,\nmes S. Mcada - President\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\n\n<<<PAGE 7>>>\n\n-------- Original Message --------\nSubject:Equipment Fuel Tanks\nDate: Fri, 10 May 2013 10:45:47 -0400\nFrom: <david .ford@dot.gov>\nTo: <jeff@onehorn.com>\nJeff,\nThe exception in 173.220 is generally applicable to engines and equipment that have an integrated fuel\ntank that is permanently connected.\nAttached is an interpretation that explains it pretty well. Although it discusses propane tanks, the\napplicability is the same for diesel tanks.\nIf the tank meets the definition of a fuel tank in Section 171.8 (see below), then 173.220 applies,\nparticularly (b)(4)(i) and (h). Subparagraph (h) takes the tank completely out of the Hazardous Materials\nRegulations, so placards and therefore a CDL are not required.\nA fuel tank means \"a tank, other than a cargo tank, used to transport flammable liquid or combustible\nliquid or compressed gas for the purpose of supplying fuel for propulsion of the transport vehicle to\nwhich it is attached, or tor the operation of other equipment on the transport vehicle.\"\nThere is no requirement the fuel tank be attached to the equipment and there is no quantity restriction.\nIn my opinion, the transportation of the fuel tank you described is not subject to the Hazardous\nMaterials Regulations. I do recommend that you drain as much of the diesel fuel as possible.\nI hope this is helpful.\nDavid W. Ford\nUSDOT/FMCSA/Southern Service Center\nHazardous Materials Program Manager\n404-327-7374\ndavid .ford @dot .gov\n\n<<<PAGE 8>>>","truncated":false,"body_characters":14398}