Bettis Asphalt & Construction, Inc. — Hazardous Materials Safety Interpretation

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Pipeline and Hazardous Materials Safety AdministrationOfficial agency material

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Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 August 17, 2021 Cole Andersen Bettis Asphalt & Construction, Inc. PO Box 1694 Topeka, KS 66601 Reference No. 21-0032R Dear Mr. Andersen: This letter is in response to your March 22, 2021, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the requirements for permanently mounted propane tanks for which the sole purpose is to power equipment mounted on the truck. You describe a scenario where a trailer is outfitted with commercial grade MC 331 propane fuel tanks to allow for hot in-place recycling for purposes of roadway asphalt repair. Specifically, you ask whether the transport vehicle is subject to the placarding requirements in Part 172, Subpart F of the HMR and the requirement for the driver to have a hazmat endorsement on the commercial driver's license (CDL). In accordance with § 171.8, a fuel tank is a tank other than a 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.#

Page 2Therefore, provided the permanently mounted propane tanks: 1) meet the requirements of 49 CFR 393.65 and 393.69 of the Federal Motor Carrier Safety Regulations (FMCSR) for fuel systems; 2) are used only for supplying fuel for the operation of the motor vehicle or its auxiliary equipment; and 3) are not marked as a DOT specification cargo tank, or meet the definition of a cargo tank in § 171.8, the mounted propane tanks are not subject to the HMR with respect to their use on the vehicle. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Dirk Der Kinderen Chief, Standards Development Branch Standards and Rulemaking Division#

This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.