Valley Building Center — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington. DC 20590 1200 New Jersey Avenue SE Pipeline and Hazardous Administration Materials Safety MAR 2 9 2016 David French Valley Building Center 204 East Main Street Andover, OH 44003 Ref. No. 15-0206 Dear Mr. French: This responds to your letter of October 23, 2015, and subsequent telephone conversations with a member of my staff, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In your request, you state that your company transports a forklift powered by a small diesel engine which utilizes an approximately eight gallon capacity diesel fuel tank. This forklift attaches to the transport vehicle's flatbed trailer in transportation, but detaches entirely from the transport vehicle in order to be operated at customer delivery sites. Your questions are paraphrased and answered as follows. Q1. Does the fuel tank pertaining to the forklift described in your request fall solely under the requirements of the Federal Motor Carrier Safety Regulations (FMCSR; 49 CFR Parts 350-399)? Al. No. Under the HMR, § 173.220, paragraph (a), "applicability," relays that a self- propelled vehicle with a fuel tank containing a liquid fuel, such as the forklift described in your request, is subject to the requirements of the HMR when transported as cargo on a transport vehicle, regardless of whether the fuel tank of the forklift meets the definition of a fuel tank in § 171.8. On this point, please also note that § 173.220 applies similarly to the engine of the self-propelled vehicle, not solely the fuel tank. A common shipping name for such a material is "Vehicle, flammable liquid powered" and the corresponding UN ID# is UN3166. Although subject to the HMR, provided the fuel tank of a vehicle transported as cargo is securely closed, such transport is not subject to any other requirements under the HMR (e.g., shipping papers, labeling, marking, placarding, emergency response information, training) when transported by motor vehicle or rail car. Fuel may remain in the vehicle's fuel tank when transported by highway or rail (see § 173.220(b)(4)). Please note that the definition of a hazardous material (as defined in § 171.8) does not exclude materials that meet one or more of the defining criteria but are being transported under exceptions (e.g., § 173.220(h)(1)).#

Page 2Q2. Is the forklift described in your request subject to the "UN3166" description and Class 9 hazard classification? A2. Under § 173.22, it is the shipper's responsibility to classify and describe a hazardous information you provided, a forklift with an engine and fuel tank containing diesel fuel material. This Office does not normally perform this function. However, based on the would be properly described as "UN3166," a Class 9 hazardous material. I hope this answers your inquiry. If you need additional assistance, please contact this Office again. Sincerely, Atti pita Dirk Der Kinderen Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3Lesko Setistions Dodd, Alice (PHMSA) From: Geller, Shelby CTR (PHMSA) Sent: Friday, October 23, 2015 3:02 PM To: Subject: Hazmat Interps Attachments: FW: Request for Interpretation PHMSA Request for Interpretation.doc Dear Shante and Alice, Attached is a request for a formal letter of interpretation. Mr. French spoke with Steve Webb. Thanks, Shelby From: David French [mailto:dfrench@valleybuildingcenter.com] Sent: Friday, October 23, 2015 11:05 AM To: PHMSA HM InfoCenter Subject: Request for Interpretation To whom it may concern. Can you please forward this request to the appropriate dept/person. If you have any questions or need any additional information, please do not hesitate to contact me. Regards David -- David C French Valley Building Center Mobile: 440-591-3225 1#

Page 4TALLEN October 23, 2015 Mr. Charles E. Betts Director, Standards and Rulemaking Division U.S. DOT/PHMSA (PHH-10) 1200 New Jersey Avenue, SE East Building, 2nd Floor Washington, DC 20590 Re: Request for Interpretation Dear Mr Betts: Valley Building Center is a retail lumberyard that uses Class B commercial vehicles (flat beds) to make deliveries of non-hazardous materials (lumber, roofing, etc). The vehicles we use have a truck- mounted forklift that detaches from the truck to help facilitate customer delivery requirements as well as to help prevent lifting injuries within our driver pool. The truck-mounted trucklifts are powered by a small diesel engine and have an approx eight gallon diesel fuel tank. Could you please give Valley Building Center an interpretation of (HMR; 49 171-180) regarding whether or not our truck-mounted forklift would fall under the definition of fuel tank as defined in 49 CFR 171.8 "a tank, other than cargo tank, used to transport flammable or combustible liquid, or compressed gas for the purpose of supplying fuel for propulsion of the transport vehicle to which it is attached, or for the operation of other equipment on the transport vehicle"? Our belief is that the truck- mounted forklift fuel system would be covered under 49 CFR 393.65 and 393.67 of the Federal Motor Carrier Safety Regulations and are not used as packaging for hazardous materials and therefore not subject to the HMR UN3166, Class 9, MISC classification. Valley Building Center appreciates your attention to this matter. I am available if you have any other questions. 440 591 3165 Sincerely, David C French Valley Building Center 204 East Main Street, Andover, OH 44003 440-293-5133#