{"operation":"document","citation":"14-0099","title":"Commerical Vehicle Safety — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-06-17","effective_on":null,"summary":"14-0099 response to Commerical Vehicle Safety concerning 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0099.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0099.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0099","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2014/140099.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nPipeline and Hazardous\nAdministration\nMaterials Safety\nMr. Byron G. Adkins\nJUN 1 7 2014\nDirector, Commercial Vehicle Safety\n2341 Deerfield Drive\nFt. Mill, SC 29541\nRef. No.: 14-0099\nDear Mr. Adkins:\nThis is in response to your letter dated May 7, 2014, requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) relating to the § 171.8 definition of\nfuel tank. You present a scenario where a 500 to 750 gallon intermediate bulk container\n(IBC) or portable fuel tank is transported as freight on the deck of a transport vehicle along\nwith an item of equipment. The IBC or portable fuel tank may or may not be used to fuel the\nitem of equipment being transported; is neither attached to or an integral part of the piece of\nequipment; and is not attached to and used for supplying fuel for the transport vehicle or other\nauxiliary equipment on the transport vehicle. You ask if the IBC or portable tank meets the\n§ 171.8 definition of fuel tank.\nBased on the information provided, it is the opinion of this office that the described IBC or\nportable tank does not meet the § 171.8 definition of fuel tank. For a tank to meet the § 171.8\ndefinition of fuel tank it must be attached to and used for the purpose of supplying fuel for the\npropulsion of the transport vehicle, or for the operation of other equipment on the transport\nvehicle. The described IBC or portable tank does not meet either of these conditions.\nFurther, § 173.220(f) only excepts from the requirements of the HMR, hazardous materials\nthat are integral components of, necessary for the operation of, and securely installed in\nmechanical equipment. Therefore, the described IBC or portable tank is treated as an item of\ncargo and is subject to all applicable requirements of the HMR.\nI trust this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\nShane C. Kelley\nActing International Standards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nBabich\n3171.8\n§173.220\nPortable Tanks\n14-0099\nSUNBELT.\nRENTALS\nMay 7, 2014\nVIA CERTIFIED MAIL DELIVERY\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH-10\nEast Bldg:\n1200 New Jersey Avenue, SE\nWashington, DC 20590-0001\nSUBJECT:\nRequest for interpretation / clarification (49 CFR 173.220)\nExemption of portable fuel tanks & IBC systems\nThis request for interpretation / clarification is submitted on behalf of motor carrier\nSunbelt Rentals, Inc., a Ft. Mill, SC based equipment rental, sales and service\ncompany operating nationwide.\nThe following correspondence was reviewed in preparation:\n1. 11 September 2013: PHMSA Response Ref. No. 13-0120 (Western\nInternational, Inc.)\n2. 10 May 2013: USDOT/FMCSA/Southern Service Center e-mail response\n(David W. Ford, Hazardous Materials Program Manager REG4 Atlanta, to\n(jeff@onehorn.com)\n3. 16 November 2011: PHMSA Response Ref. No. 11-0181 (McAda Drilling\nFluids, Inc.)\n4. 26 September 2000: PHMSA Response Ref. No. 00-0002 (SJC Compliance\nEducation)\n5. 30 May 2013: Western International, Inc. letter to PHMSA Office of\nHazardous Materials\n\n<<<PAGE 3>>>\n\nPHMSA Office of Hazardous Materials Standards\nMay 7, 2014\nPage 2\nSunbelt Rentals, Inc. seeks clarification regarding CFR 49 $173.220, and the\napplication of this regulation relative to the transport of portable fuel tanks.\nAdditionally, we seek clarification of the following language as it applies to portable\nfuel tank transport, \"..or for the operation of other equipment on the transport\nvehicle\"\nWestern International, Inc. submitted a request for clarification 130 May 2013) to\nPHMSA, wherein the writer stated, \"certain exceptions exist for fuel tanks that are\nnot intended for propulsion of the transport vehicle, however, is intended for the\noperation of equipment installed on the transport vehicle\". In the response to\nWestern International, Inc. IPHMSA Ref. No. 13-0120, 11 Sept. 2013], Mr. T. Glenn\nFoster states that the IBC tanks are not subject to the HMR, in accordance with the\ndefinition of a fuel tank found at 49 CFR 171.8. Sunbelt Rentals notes here that the\nIBC fuel tanks which are the subject of this correspondence are not installed on a\ntransport vehicle, and as such, are considered portable or temporary (not\nmanufactured or installed within the generator as with the SJC Compliance request\nor mounted to a skid as cited in McAda Drilling Fluids heater example).\nSunbelt Rentals, Inc. understands that the regulation supports such auxiliary\nequipment \"on the transport vehicle\" such as a reefer cooling unit or an auxiliary\nwinch assembly motor; however, the confusion exists within the industry (and\ncommercial vehicle enforcement community) when interpreting the regulation's\nintent as it pertains to other equipment / machinery being transported. I provide a\nmore detailed example of this to follow.\nThe issue at hand for further clarification here exists when a large piece of portable\nconstruction equipment (generator, pump, or air compressor) is transported via\ncommercial vehicle to a client jobsite. In some instances, a 500-750 gallon IBC fuel\ncell or portable fuel tank (manufactured with skid mounts affixed to bottom of tank)\nis transported on the deck of a transport vehicle along with the generator, pump or\nair compressor. In this instance, is it possible to assume the \"intent\" is the IBC\ntank will be used to supply temporary fuel to the construction machinery? In many\ninstances, the machinery is transported to one location for delivery, and the fuel cell\nmay indeed be transported to another client site. Clearly, ambiguity exists as to the\napplication of the regulation when analyzing the 2 above circumstances.\n\n<<<PAGE 4>>>\n\nPHMSA Office of Hazardous Materials Standards\nMay 7, 2014\nPage 3\nSunbelt Rentals, Inc.\nshares a common concern with many within the\ntransportation industry as it relates to the practice of transporting portable\nconstruction equipment and temporary fuel systems. Is the intent of the regulatory\nexperts authoring the language found at 49 CFR 171.8 (definition of Fuel Tank),\n\"for the operation of other equipment on the transport vehicle\" extended to portable\nconstruction equipment which is only being transported and not installed on the\ntransport vehicle, nor operated or fueled while on the transport vehicle, but only at\nsuch time it is off loaded at a worksite, If this is the case, then freight carriers can\nthen transport IBC fuel cells as freight as long as they have a tractor, forklift,\nexcavator, or other piece of equipment on the deck and simply state that the fuel\ntank is \"for the operation of other equipment on the transport vehicle\". We think\nnot, but come before you now to provide regulatory clarification and interpretation.\nDoes the regulation speak clearly and concisely to equipment which is a part of the\ntransport vehicle (such as a reefer or motorized winch), or is there a broader\ninterpretation which exempts the fuel tanks, being transported on the vehicle along\nwith a piece of construction equipment? Is this qualified by the \"intent\" that the\nfuel tank being transported is intended to supply the construction equipment on the\nsame load? This is the point of clarification being requested at this time.\nWe await your response, and thank you for your review of this matter.\n(s) SUNBELT RENTALS, INC.\nByron G. Adkins\nDirector - Commercial Vehicle Safety\n2341 Deerfield Drive\nFt. Mill, SC 29541\nCc: M.J. Conner, Sunbelt Rentals, Inc.\nEnc: Attachments","truncated":false,"body_characters":7578}