{"operation":"document","citation":"15-0206","title":"Valley Building Center — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-03-29","effective_on":null,"summary":"15-0206 response to Valley Building Center concerning 171.8, 173.22, 173.220.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0206.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0206.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0206","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/150206.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWashington. DC 20590\n1200 New Jersey Avenue SE\nPipeline and Hazardous\nAdministration\nMaterials Safety\nMAR 2 9 2016\nDavid French\nValley Building Center\n204 East Main Street\nAndover, OH 44003\nRef. No. 15-0206\nDear Mr. French:\nThis responds to your letter of October 23, 2015, and subsequent telephone conversations with\na member of my staff, requesting clarification of the Hazardous Materials Regulations (HMR;\n49 CFR Parts 171-180). In your request, you state that your company transports a forklift\npowered by a small diesel engine which utilizes an approximately eight gallon capacity diesel\nfuel tank. This forklift attaches to the transport vehicle's flatbed trailer in transportation, but\ndetaches entirely from the transport vehicle in order to be operated at customer delivery sites.\nYour questions are paraphrased and answered as follows.\nQ1.\nDoes the fuel tank pertaining to the forklift described in your request fall solely under\nthe requirements of the Federal Motor Carrier Safety Regulations (FMCSR; 49 CFR\nParts 350-399)?\nAl.\nNo. Under the HMR, § 173.220, paragraph (a), \"applicability,\" relays that a self-\npropelled vehicle with a fuel tank containing a liquid fuel, such as the forklift described\nin your request, is subject to the requirements of the HMR when transported as cargo\non a transport vehicle, regardless of whether the fuel tank of the forklift meets the\ndefinition of a fuel tank in § 171.8. On this point, please also note that\n§ 173.220 applies similarly to the engine of the self-propelled vehicle, not solely the\nfuel tank. A common shipping name for such a material is \"Vehicle, flammable liquid\npowered\" and the corresponding UN ID# is UN3166.\nAlthough subject to the HMR, provided the fuel tank of a vehicle transported as cargo\nis securely closed, such transport is not subject to any other requirements under the\nHMR (e.g., shipping papers, labeling, marking, placarding, emergency response\ninformation, training) when transported by motor vehicle or rail car. Fuel may remain\nin the vehicle's fuel tank when transported by highway or rail (see § 173.220(b)(4)).\nPlease note that the definition of a hazardous material (as defined in § 171.8) does not\nexclude materials that meet one or more of the defining criteria but are being\ntransported under exceptions (e.g., § 173.220(h)(1)).\n\n<<<PAGE 2>>>\n\nQ2.\nIs the forklift described in your request subject to the \"UN3166\" description and Class\n9 hazard classification?\nA2.\nUnder § 173.22, it is the shipper's responsibility to classify and describe a hazardous\ninformation you provided, a forklift with an engine and fuel tank containing diesel fuel\nmaterial. This Office does not normally perform this function. However, based on the\nwould be properly described as \"UN3166,\" a Class 9 hazardous material.\nI hope this answers your inquiry. If you need additional assistance, please contact this Office\nagain.\nSincerely,\nAtti pita\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nLesko\nSetistions\nDodd, Alice (PHMSA)\nFrom:\nGeller, Shelby CTR (PHMSA)\nSent:\nFriday, October 23, 2015 3:02 PM\nTo:\nSubject:\nHazmat Interps\nAttachments:\nFW: Request for Interpretation\nPHMSA Request for Interpretation.doc\nDear Shante and Alice,\nAttached is a request for a formal letter of interpretation. Mr. French spoke with Steve Webb.\nThanks,\nShelby\nFrom: David French [mailto:dfrench@valleybuildingcenter.com]\nSent: Friday, October 23, 2015 11:05 AM\nTo: PHMSA HM InfoCenter\nSubject: Request for Interpretation\nTo whom it may concern.\nCan you please forward this request to the appropriate dept/person. If you have any questions or need any\nadditional information, please do not hesitate to contact me.\nRegards\nDavid\n--\nDavid C French\nValley Building Center\nMobile: 440-591-3225\n1\n\n<<<PAGE 4>>>\n\nTALLEN\nOctober 23, 2015\nMr. Charles E. Betts\nDirector, Standards and Rulemaking Division\nU.S. DOT/PHMSA (PHH-10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nRe: Request for Interpretation\nDear Mr Betts:\nValley Building Center is a retail lumberyard that uses Class B commercial vehicles (flat beds) to make\ndeliveries of non-hazardous materials (lumber, roofing, etc). The vehicles we use have a truck-\nmounted forklift that detaches from the truck to help facilitate customer delivery requirements as well\nas to help prevent lifting injuries within our driver pool. The truck-mounted trucklifts are powered by a\nsmall diesel engine and have an approx eight gallon diesel fuel tank.\nCould you please give Valley Building Center an interpretation of (HMR; 49 171-180) regarding\nwhether or not our truck-mounted forklift would fall under the definition of fuel tank as defined in 49\nCFR 171.8 \"a tank, other than 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\"? Our belief is that the truck-\nmounted forklift fuel system would be covered under 49 CFR 393.65 and 393.67 of the Federal Motor\nCarrier Safety Regulations and are not used as packaging for hazardous materials and therefore not\nsubject to the HMR UN3166, Class 9, MISC classification.\nValley Building Center appreciates your attention to this matter. I am available if you have any other\nquestions.\n440 591\n3165\nSincerely,\nDavid C French\nValley Building Center\n204 East Main Street,\nAndover, OH 44003\n440-293-5133","truncated":false,"body_characters":5566}