{"operation":"document","citation":"22-0051","title":"Inliner Solutions — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2022-10-25","effective_on":null,"summary":"22-0051 response to Inliner Solutions concerning 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0051.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0051.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0051","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/76906/220051.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nOctober 25, 2022\nMr. Wayne W. Carver\nInliner Solutions\n4520 North State Road 37\nOrleans, IN 47452\nReference No. 22-0051\nDear Mr. Carver:\nThis letter is in response to your May 17, 2022, letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to fuel systems powering\nequipment mounted on a motor vehicle. Specifically, you ask whether the tanks fueling your\nequipment require placarding and therefore require a driver with a hazmat endorsement on his or\nher Commercial Driver’s License.\nAs defined in § 171.8, a fuel tank is a tank—other than a cargo tank—used to transport\nflammable or combustible liquid, or compressed gas, for the purpose of supplying fuel for\npropulsion of the transport vehicle to which it is attached, or for the operation of other equipment\non the transport vehicle. Therefore, provided the permanently-mounted tanks: 1) meet the\nrequirements of 49 CFR §§ 393.65 and 393.67 of the Federal Motor Carrier Safety Regulations\nfor liquid fuel systems; 2) are used only for supplying fuel for the operation of the motor vehicle\nor its auxiliary equipment; and 3) are not marked as Department of Transportation specification\ncargo tanks nor meet the definition of a cargo tank, as defined in § 171.8, the mounted fuel tanks\nare not subject to the HMR with respect to their use on the vehicle.\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 2>>>\n\nWolcott\n22-0051\nFrom: Kelley, Shane (PHMSA)\nTo: Hazmat Interps\nCc: Foster, Glenn (PHMSA)\nSubject: FW: Inliner Solutions Correspondence\nDate: Monday, May 23, 2022 3:40:24 PM\nAttachments: EO - Kelley(Inliner) 23May22.pdf\nPlease log as appropriate.\nFrom: Lisak, Frank (PHMSA) <frank.lisak@dot.gov>\nSent: Monday, May 23, 2022 2:46 PM\nTo: Kelley, Shane (PHMSA) <shane.kelley@dot.gov>\nSubject: Inliner Solutions Correspondence\nHi, Shane:\nThe attachment is for your review.\nFrank\n\n<<<PAGE 3>>>\n\nInliner Solutions\n4520 North State Road 37, Orleans IN 47452:\n:::::\"\n05/17/2022\nU.S. DOT\nPHMSA Office of Hazardous Material Safety Administration\nU.S. Department of Transportation\n1200 New Jersey Avenue SE\nWashington DC 20590\nREF: Clarification on the application of 49 CFR 173.220 to mounted fuel tanks for\nthe purpose of operation of boiler & steam units mounted on our trucks &\ntrailers. The fuel tanks are used as fuel for the mounted heater units. The trucks\nhave separate fuel tanks to power their engine. The size of the fuel tanks range\nbetween 300 - 660 gallons. We have always placarded the tanks (1203 Diesel)\nfor safety purposes in case of emergency, as a notification for emergency\nresponders.\nWe also have staffed these vehicles with CDL drivers with Hazardous Materials\nEndorsements as drivers. It is my understanding from reading the regulations\nand interpretations that these mounted fuel tanks would fall under 49 CFR\n173.220 as supply tanks, and as such we would not be required to have 1203\nplacards or hazardous materials endorsements on CDL's to operate them. It is\nour plan to remove the 1203 placards and add a \"Diesel Fuel\" label for safety\nreasons.\nI have included pictures of the units in question, to better explain the situation\n...;=\nin question. (The fuel tanks have the red arrow pointing to the diesel sign).\nT (123) 456-7890 U WWW.COMPANY.COM\nSTREET ADDRESS, CITY, ST ZIP CODE\n\n<<<PAGE 4>>>\n\nNO SMOKING)\nMy purpose in writing the letter is to clarify our understanding is correct and\nprovide our drivers with a document that validates the accuracy of this\ninterpretation of not needing a hazardous materials endorsement, or placards\non these vehicles.\nSincerely,\nWayne Carver\ninliner\nDOT Compliance Manager\nSOLUTIONS\nDirect: 812-865-3232\nCell: 812-791-2826\nFAX: 812.205.2974\nwww.inliner.com\n2","truncated":false,"body_characters":4043}