{"operation":"document","citation":"Unnumbered PHMSA interpretation","title":"Kansas Highway Patrol — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2021-05-20","effective_on":null,"summary":"Unnumbered PHMSA interpretation response to Kansas Highway Patrol concerning 171.8, 172.514.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-210010.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-210010.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-210010","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/75051/210010.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMay 20, 2021\nTechnical Trooper Nicholas Wright\nMCSAP Training Coordinator/Public Information Officer\nKansas Highway Patrol\n1220 South Enterprise Street\nOlathe, KS 66061\nReference No. 21-0010\nDear Trooper Wright:\nThis letter is in response to your January 29, 2021, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to placarding and\nlabeling requirements for certain packagings. In your email, you describe small semi-trailers\napproximately 15 to 20 feet long that have tanks attached for carrying bulk quantities of diesel\nfuel. You state that the tanks are greater than 119 gallons, but less than 1,000 gallons, and that\neach trailer contains one tank. You further state that the tanks are designed with the means to be\nlifted from the semi-trailers if the tanks are unbolted from the trailer. You have observed that\nwhile the tanks are designed so that they may be removed from the trailers, they are fitted with\nhoses and meters and other equipment which makes it more likely that these tanks remain\nattached to the trailers, and that they are loaded and unloaded without being removed from the\ntrailer. Finally, you enclosed photographs of these trailers. Specifically, you ask whether\npackagings attached to trailers as described in your email meet the definition of a “cargo tank” or\na “portable tank” and whether these packagings require placards or if they may be labeled\ninstead of placarded.\nSection 171.8 defines a cargo tank as a bulk packaging that: (1) is a tank intended primarily for\nthe carriage of liquids or gases and includes appurtenances, reinforcements, fittings, and\nclosures; (2) is permanently attached to or forms a part of a motor vehicle, or is not permanently\nattached to a motor vehicle but which, by reason of its size, construction or attachment to a\nmotor vehicle is loaded or unloaded without being removed from the motor vehicle; and (3) is\nnot fabricated under a specification for cylinders, intermediate bulk containers, multi-unit tank\ncar tanks, portable tanks, or tank cars. It further defines a “cargo tank motor vehicle” as a motor\nvehicle with one or more cargo tanks permanently attached to or forming an integral part of the\nmotor vehicle.\n\n<<<PAGE 2>>>\n\nThese tanks appear to be intended for the carriage of liquids and include appurtenances,\nreinforcements, fittings, and closures; they appear to be permanently attached to the motor\nvehicle, and appear by reason of their size, construction, or attachment to a motor vehicle to be\nloaded or unloaded while attached to the motor vehicle; and they do not appear to be fabricated\nto a specification for cylinders, intermediate bulk containers, multi-unit tank car tanks, portable\ntanks, or tank cars. Therefore, it is the opinion of this Office that based on your descriptions and\nthe photographs you have provided, the tanks attached to trailers would be considered cargo\ntanks and the entire unit is a cargo tank motor vehicle. As such, these tanks would not be\neligible for the placarding exceptions specified for portable tanks in § 172.514(c)(1) and would\nrequire placards and identification numbers on all 4 sides of the cargo tank motor vehicle when\ncontaining “NA1993, Diesel fuel, 3, PG III.”\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nLarson\nFrom: INFOCNTR (PHMSA)\nTo: Hazmat Interps\nSubject: FW: Request for letter of interpretation\nDate: Wednesday, February 3, 2021 2:51:17 PM\n21-0010\nHello Alice,\nPlease see below for LOI request.\nThank you,\nKathryn\nFrom: Nicholas Wright [KHP] [mailto:Nicholas.Wright@KS.GOV]\nSent: Friday, January 29, 2021 3:49 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Request for letter of interpretation\nGreetings,\nI am requesting an official written letter of interpretation regarding a placarding issue related to bulk\nfuel trailers used in commerce. I have recently discovered at least three vendors who manufacture\nsmall semi-trailers (approximately 15 to 20 feet long, with an approximately 14,000 lbs. GVWR) that\ncarry fuel tanks used for transporting diesel fuel. The trailers are small bumper pull trailers, usually\npulled behind a pick-up truck. The trailers are designed in such a manner as the fuel tank (i.e. – the\npackage) can be removed from the semi-trailer. The fuel tanks are manufactured in various\ncapacities of the customer’s choosing, all of which are greater than 119 gallons, but less than 1,000\ngallons. Therefore, each of the tanks meet the definition of a bulk package, per 49 CFR § 171.8, in\nthat they are over 119-gallon capacity. Each semi-trailer is designed to carry one fuel tank.\nThe tanks are bolted to the semi-trailers with approximately six bolts. The tanks are designed with\nlugs, loops, or other means to lift the tanks from the semi-trailer if unbolted. While the tanks are\ndesigned so that they CAN be removed from the semi-trailer, they typically remain on the trailer\nunless they need to be removed for maintenance, replacement, etc. The semi-trailers also contain\ndelivery hoses and meters, so the diesel fuel can be dispensed from the fuel tanks without removing\nthe tank from the semi-trailer, and are usually refilled while still attached to the semi-trailer.\nDiscussion has been raised as to whether these tanks are considered a portable tank or a cargo tank,\nas defined by § 171.8.\nPortable tank means a bulk packaging (except a cylinder having a water capacity of 1000\npounds or less) designed primarily to be loaded onto, or on, or temporarily attached to a\ntransport vehicle or ship and equipped with skids, mountings, or accessories to facilitate\nhandling of the tank by mechanical means. It does not include a cargo tank, tank car, multi-\nunit tank car tank, or trailer carrying 3AX, 3AAX, or 3T cylinders.\nCargo tank means a bulk packaging that:\n(1) Is a tank intended primarily for the carriage of liquids or gases and includes\nappurtenances, reinforcements, fittings, and closures (for the definition of a tank, see 49 CFR\n178.320, 178.337-1, or 178.338-1, as applicable);\n(2) Is permanently attached to or forms a part of a motor vehicle, or is not permanently\nattached to a motor vehicle but which, by reason of its size, construction or attachment to a\nmotor vehicle is loaded or unloaded without being removed from the motor vehicle; and\n(3) Is not fabricated under a specification for cylinders, intermediate bulk containers, multi-\nunit tank car tanks, portable tanks, or tank cars.\nThese tanks are designed in a manner that they may be temporarily attached with the bolts, and are\n\n<<<PAGE 4>>>\n\ndesigned with accessories to facilitate handling of the tank by mechanical means (lugs, loops, etc.).\nHowever, they seem to better fit the definition of a cargo tank in that “by the reason of their size,\nconstruction or attachment” (bolts), they are “loaded or unloaded without being removed from the\nmotor vehicle.”\nThe ultimate question raised is whether these fuel tanks and/or the transport vehicles require\nplacards.\nIf these fuel tanks are considered a portable tank, they could be excepted from the requirement to\nplacard the package (the tank itself) in accordance with § 172.514(c), so long as they display the\nappropriate labels. However, if these fuel tanks are shipped with diesel fuel under the domestic\nentry, “NA1993, Diesel fuel, Combustible Liquid, PG III,” the fuel is a combustible liquid, for which\nthere is no such label under § 172.400(b). It is my understanding the package would NOT be eligible\nfor the placarding exception in 172.514(c), and therefore must display placards in accordance with §\n172.504(a) and § 172.514(a). My understanding is further based on PHMSA interpretation #06-\n0143, for a similar question regarding an IBC filled with a combustible liquid as it relates to §\n172.514(c)(4).\nAlternatively, if the diesel fuel is shipped under the international entry, “UN1202, Diesel fuel, 3, PG\nIII,” the package would require the flammable liquid label as prescribed by 172.400(b) and 172.419,\nif not displaying placards. Therefore, the fuel tank would be eligible for the exception to placarding\nthe tank in accordance with 172.514(c). However, it is my understanding the transport vehicle (i.e. –\nthe semi-trailer) would still require placards in accordance with 172.504(a).\n§ 172.504 General placarding requirements.\n(a) General. Except as otherwise provided in this subchapter, each bulk packaging, freight\ncontainer, unit load device, transport vehicle or rail car containing any quantity of a\nhazardous material must be placarded on each side and each end with the type of placards\nspecified in tables 1 and 2 of this section and in accordance with other placarding\nrequirements of this subpart, including the specifications for the placards named in the\ntables and described in detail in §§172.519 through 172.560.\nMy questions for which I seek an official interpretation are as follows:\nQuestion 1: Are the bulk fuel tanks described considered portable tanks or cargo tanks? If these\npackages are considered a cargo tank, questions 2 – 4 are irrelevant.\nQuestion 2: If these packages are considered portable tanks, is my understanding correct in that the\nfuel tank may NOT be labeled alternatively per § 172.514(c), if loaded with NA1993, Diesel fuel, since\nthere is no combustible liquid label prescribed under 49 CFR?\nQuestion 3: If these packages are considered portable tanks, is my understanding correct in that the\nfuel tank MAY be labeled alternatively per § 172.514(c), if loaded with UN1202, Diesel fuel, since\nthey may display Class 3 labels, but the transport vehicle still must display placards per § 172.504(a)\nand § 172.514(a)?\nQuestion 4: § 177.834(h), prohibits the “discharge of contents of any container, other than a cargo\ntank or IM portable tank…prior to the removal from the motor vehicle.” Is my understanding correct\nin that discharging the fuel from the tank through the delivery hoses, if it is considered a portable\ntank, would be in violation of 177.834(h)?\nQuestion 5: Is my understanding correct that the fuel tank with a capacity less than 1,000 gallons\nmust be marked on two opposing sides with the identification number prescribed for either diesel\nfuel entry, in accordance with § 172.302(a)(2), and § 172.332, regardless of the placarding exception\neligibility?\nI look forward to your response.\nTechnical Trooper Nick Wright, K-100\nKansas Highway Patrol\n\n<<<PAGE 5>>>\n\nMCSAP Training Coordinator / Public Information Officer\nTroop I, Commercial Vehicle Enforcement\n1220 S. Enterprise\nOlathe, KS 66061\nOffice: (913) 782-8100\nNicholas.Wright@ks.gov","truncated":false,"body_characters":10915}