{"operation":"document","citation":"15-0135","title":"HWN Resources, LLC. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-12-11","effective_on":null,"summary":"15-0135 response to HWN Resources, LLC. concerning 173.301, 173.302.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0135.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0135.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0135","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/150135.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n1200 New Jersey Avenue, SE\nMaterials Safety\nPipeline and Hazardous\nWashington, D.C. 20590\nAdministration\nAudrey Hallinger\nDEC 1 1 2015\nHWN Resources, LLC\nPO Box 242\nEl Campo, TX 77437\nRef. No. 15-0135\nDear Ms. Hallinger:\nThis responds to your May 28, 2015 email requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to a trailer with a permanently\nmounted generator and 350-gallon diesel fuel tank. Your questions are paraphrased and\nanswered as follows:\nQ1. Is the 350-gallon diesel fuel tank subject to the HMR?\nAl. A fuel tank meeting the requirements of 49 CFR §§ 393.65 and 393.67 of the\nFederal Motor Carrier Safety Regulations (FMCSR) for fuel systems and used only for\nsupplying fuel for the operation of the motor vehicle or its auxiliary equipment is not\nsubject to the HMR with respect to its use on the vehicle. If it is not a fuel tank for\nthis purpose, then the material is subject to the HMR when transported in commerce.\nA common shipping name for such a shipment is \"Engines, internal combustion.\"\nQ2. If the fuel tank meets the requirements of FMCSR §§ 393.65 and 393.67 and is\ndeemed a fuel system, is the 350-gallon tank on our equipment subject to the HMR;\nand commercial driver's license (CDL) hazmat endorsement requirements?\nA2. See A1. With regard to the requirement for a CDL with a hazmat endorsement, if\nthe vehicle meets the definition of a commercial motor vehicle under 49 CFR Part\n383, the driver would be required to have a CDL in conformance with Subpart B of\nPart 383; however, the hazmat endorsement would not be required since the vehicle\nwould not be required to display placards.\nQ3. Would § 173.220(a) be applicable to the trailer?\nA3. Section 173.220(a) is applicable to an internal combustion engine and its fuel tank\n(if it contains flammable or gaseous fuel) being transported as cargo on a transport\nvehicle in commerce. If your equipment meets requirements of § 173.220(b)(4)(i), it\nis not subject to any other requirements of the HMR.\n\n<<<PAGE 2>>>\n\nQ4. If § 173.220 applies, does it mean that the fuel tanks of the generator need non-\nclosed\"?\nvented caps or valves or quick disconnects in the lines to be considered \"securely\nA4. Section 173.220(b)(4)(i) does not specifically require non-vented caps, valves or\nquick disconnects in the lines to be considered \"securely closed.\" The fuel tank can be\nsecurely closed using any method that prevents leakage.\nQ5. Would an equipment trailer with two mounted tanks of 119 gallons or less and\nused for the transportation of diesel qualify for the exception in § 173.150(f)(2)?\nA5. Yes, if the diesel can be reclassed as a combustible liquid. The diesel being\ntransported would need to be at or above a flashpoint of 100 degrees Fahrenheit to be\nreclassed as a combustible liquid and thus qualify for the exception in § 173.150(f)(2).\nAdditionally, each tank would need to meet the definition of a non-bulk package in\n§ 171.8. Note that if the two mounted tanks are manifolded or connected, and do not\nhave stop valves between them in the closed position, they would be treated as a single\npackage (see Letter Ref. No. 11-0153).\nQ6. Is there a limit on the number of the above described non-bulk tanks containing a\ncombustible liquid on a transport vehicle?\nmode of transportation.\nA6. No. The exception in § 173.150(f)(2) is based on the material, package size and\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\n• Chief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nOccasione\n5113320\nDodd, Alice (PHMSA)\nNon-Bilk Packaging\n15-0135\nFrom:\nSent:\nGeller, Shelby CTR (PHMSA)\nTo:\nMonday, June 29, 2015 2:37 PM\nCc:\nHazmat Interps\nSubject:\nLucas_Adam@bah.com\nRE: Interpretaion Letter Request\nHi Shante and Alice,\ndatabase.\nForwarded is a request for a formal letter of interpretation. It looks to be the only outstanding letter not found in the\nThanks,\nShelby\nFrom: Geller, Shelby CTR (PHMSA)\nSent: Friday, May 29, 2015 1:51 PM\nTo: Hazmat Interps\nSubject: FW: Interpretaion Letter Request\nHi Shante and Alice,\nAttached is a formal letter of interpretation. Ms Hallinger spoke with Jordan Rivera.\nThanks,\nShelby\nSent: Thursday, May 28, 2015 5:33 PM\nFrom: Audrey Hallinger [mailto:audrey@hwnresources.com]\nTo: INFOCNTR (PHMSA)\nCc: PHMSA HM InfoCenter\nSubject: Interpretaion Letter Request\nI would like to request a formal letter of interpretation regarding our specific case.\nI have a company that provides equipment that we manufacture for customers that need campers without a power\nsource available.\nOur equipment consist of a diesel generator with a 350 gallon tank that supplies the diesel fuel to the equipment. It is\nnot a purchased trailer that is being used to transport the equipment. The equipment is the trailer, see photo.\nMy questions are:\n1. Is there a way to use our 350 gallon diesel tanks and not be required to comply with HMR (placard, shipping\npapers, CDL)?\n2. If our fuel tank meets 393.65 and 393.67 and is deemed a fuel system, is the 350 gallon tank acceptable on our\nequipment without HMR Hazmat regulations(placarding, shipping papers, CDL with H endorsement)?\n3. Is the 173.220 (a) applicable to our trailer? It states \"transported as cargo ON a transport vehicle\"-does this\napply to trailers towed? Our equipment is not being transported ON a trailer, it is the Trailer.\n1\n\n<<<PAGE 4>>>\n\n4. If 173.220 applies, does it mean that the fuel tanks need non-vented caps and valves or quick disconnects in the\nlines so it can be considered \"securely closed\" in order to avoid HMR regulations(placard, shipping papers, CDL\nwith endorsement)?\nDated August 2012\nAttached you will find interpretation Reference No. 12-0123\nrequest a formal interpretation letter specific to my company.\nI talked to Jordan with PHMSA and we concluded this letter to be applicable to our situation above. I would like to\nWe also discussed 173.150 and 171.8.\nI would like to manufacture an equipment trailer that will be able to transfer diesel to the above said trailers. Our\ndiscussion was on the \"idea of putting two 119 gallon or less fuel tanks mounted permanently to a trailer with a\n(f) Combustible liquids.\nwater tank. Would this be classified as \"non bulk\" because as stated in the 171.8 definitions.\n(1) A flammable liquid with a flash point at or above 38 °C (100 °F) that does not meet the definition of any other\naircraft, except where other means of transportation is impracticable.\nhazard class may be reclassed as a combustible liquid. This provision does not apply to transportation by vessel or\nWould we qualify for this exception?\ninto the formal interpretation letter.\nAfter talking with Jordan, He directed me that we would be, but again I would like to request that this be included\nI do not have pictures of this particular equipment because I have not built it yet. I have included as much detail as\nJust for knowledge.\npossible. What would the number of tanks less than 119 gallons be allowed?\nPlease Advise.\nThank you so much for your time.\nAudrey Hallinger\nPO Box 242\nHWN Resources, LLC\nEl Campo, Texas 77437\n979-257-9821 cell\n979-541-5779 fax\n2","truncated":false,"body_characters":7257}