{"operation":"document","citation":"18-0096","title":"HOMENERGY Services, Inc — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-02-12","effective_on":null,"summary":"18-0096 response to HOMENERGY Services, Inc concerning 172.101, 172.302, 172.332, 172.336.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0096.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0096.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0096","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/70396/180096.pdf","body":"<<<PAGE 1>>>\n\n0\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterlale Safety\nAdmlnletratlon\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nJAN 2 9 2019\nDan Reilly\nHOMENERGY Services, Inc.\n33 Depot Street, Suite 1\nSaranac Lake, NY 12983\nReference No. 18-0096\nDear Mr. Reilly:\nThis letter is in response to your June 29, 2018, email and August 21, 2018, phone conversation\nrequesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180)\napplicable to placarding. Specifically, you indicate that you transport diesel fuel, heating oil,\nkerosene, and gasoline in multi-compartment cargo tanks.\nWe have paraphrased and answered your questions as follows:\nQ 1. You ask if it is appropriate to display the identification number \"1993\" on the outside of\nthe cargo tank motor vehicle when transporting only diesel fuel.\nAl. The answer is yes. As prescribed in§ 172.302(a), no person may offer for transportation\nor transport a hazardous material in a bulk packaging unless the packaging is marked, as\nrequired by § 172.332, with the identification number specified for the material in the\n§ 172.101 Hazardous Materials Table (HMT). Therefore, if you are transporting diesel\nfuel domestically as \"NAl 993, Diesel fuel, Combustible, III,\" it is appropriate to display\n\"1993\" on the outside of the cargo tank motor vehicle in accordance with§ 172.332.\nFurthermore, while not explicitly prohibited by the HMR, it is recommended that in order\nto avoid confusion and frustration in transportation, the identification number on the\nshipping paper and package marking should be consistent (i.e., the shipping paper should\nnot list \"UN1202, Diesel fuel, Combustible, III,\" while \"1993\" is displayed as the\nidentification number on the outside of the cargo tank motor vehicle).\nQ2. You ask if it is appropriate to display the identification number \"1993\" on the outside of\nthe cargo tank motor vehicle when transporting only heating oil.\nA2. If you are transporting heating oil domestically as \"NA1993, Fuel oil, Combustible, Ill,\"\nthe answer is yes. See A 1.\n\n<<<PAGE 2>>>\n\nQ3. A3. Q4. A4. You ask ifit is appropriate to display the identification number \"1223\" on the outside of\nthe cargo tank motor vehicle when transporting only kerosene.\nThe answer is yes. Kerosene, described as \"UN1223, Kerosene, 3, III,\" must display\n\"1223\" on the outside of the cargo tank motor vehicle in accordance with§ 172.332.\nWhen transporting more than one of the materials identified in your request, you ask\nwhich identification number must be displayed on the outside of the cargo tank motor\nvehicle.\nIn accordance with § 172.336( c ), for the specific materials identified in your request,\nwhen a cargo tank contains more than one petroleum distillate fuel, it needs only to\ndisplay the identification number of the liquid petroleum distillate fuel with the lowest\nflashpoint. For example, if the cargo tank is transporting \"NA1993, Diesel fuel,\nCombustible, III\" and \"UN1203, Gasoline, 3, II,\" it needs to display UN1203 only, as\ngasoline has a lower flashpoint than diesel fuel. Please note that if only one petroleum\ndistillate fuel is being transported in the cargo tank, the identification number for that\npetroleum distillate fuel must be displayed.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nChief, Standards Development\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nJanuary, lkeya CTR (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent\nTo:\nSubject: Friday, June 29, 2018 4:59 PM\nHazmat Interps\nFW: Cargo tank interpretation for NYS Police\nImportance: High\nHi Ikea,\nquestions. I\nThank you,\nJodi\nBelow is a request for a letter of interpretation. Mr. Reilly spoke with Jonathon. Please let me know if you have any\nFrom: Dan Reilly [mailto:Dan@homenergyservices.com]\nSent: Friday, June 29, 2018 11:02 AM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nCc: Jamie <jstaves@homenergyservices.com>; 'Tim' <tim@homenergyservices.com>\nSubject: Cargo tank interpretation for NYS Police\nImportance: High\nHello DOT,\nWe are a small fuel company in far northern New York state. We use multi-compartment, cargo tank trucks to\ndeliver: heating oil, diesel fuel, kerosene, and gasoline to residential and small commercial customers. We\nare not inter-state, nor do we cross the Canadian border. Our work is exclusively within our immediate, intra-\nstate, area.\nWe have been delivering these fuels from this location for 24 years, using these placards:\n1993 diesel fuel and heating oil\n1223 kerosene\n1203 gasoline.\nYesterday, the New York State Police DOT ticketed us for incorrect placards, as follows:\n1) We are told that 1993 is not correct placarding for diesel fuel and heating oil, and\n2) that we must use 1202 placards for: diesel fuel and heating oil and kerosene.\nTherefore, that our only placards going forward will be 1202 and 1203.\nI would very much like an opinion on:\n1) the required use of 1202 placards, and\n2) the use of 1202 exclusively, including for kerosene, and\n3) the discontinued use of 1993.\nWe were told that these changes went into effect within the past year. The problem is that we are now\nchanging our placards and our shipping papers. Very few companies in the US even sell 1202 placards.\n1\n\n<<<PAGE 4>>>\n\nPlease note that diesel fuel and heating oil and kerosene can be classified Combustible liquid, based-on flash\npoints: 126F - 205F diesel fuel and heating oil, and, l00F - lS0F for Kerosene.\nLetter would best be addressed to:\nTrooper Mike Spadaro\nNew York State Po-tree\n1097 NYS Route 86, Box 100,\nRay Brook, NY 12977-0100\nOfficer Spadaro runs the NY State Police DOT unit in this area.\nI would also like a copy of your letter of interpretation. Thank you for your help.\nBest Regards,\nDan Reilly\nHOM ENERGY Services, Inc.\n33 Depot Street, Suite 1\nSaranac Lake, NY 12983\n(518) 891-1616\nwww.HOMENERGYServices.com\n2","truncated":false,"body_characters":5896}