{"operation":"document","citation":"22-0085","title":"Aggreko — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2023-03-08","effective_on":null,"summary":"22-0085 response to Aggreko concerning 171.8, 172.502.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0085.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0085.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0085","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/77396/220085.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMarch 8, 2023\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMr. Chad Thibodeaux\nManager - Transportation, Import/Export\nDOT Compliance - North America\nAggreko\n4607 W. Admiral Doyle Drive\nNew Iberia, LA 70560\nReference No. 22-0085\nDear Mr. Thibodeaux,\nThis letter is in response to your August 17, 2022, email, requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation\nof fuel tanks by motor vehicle. Specifically, you state that you transport fuel tanks—containing\ndiesel fuel in quantities between 800 to 5,000 gallons—to be used to power generators,\ncompressors, and other diesel-powered equipment once they are delivered to their destination.\nYou state that the fuel tanks would not be connected directly to other equipment during\ntransportation; however, they would be connected once delivered to their destination. You also\nstate that the fuel tanks would not be bolted or permanently affixed to the transport vehicle, but\ninstead would be strapped and/or chained to the transport vehicle. You further state that the fuel\ntanks are placarded as “UN1202, Diesel fuel” or “NA1993, Diesel fuel,\n” as applicable. Lastly,\nyou state that depending on the equipment being delivered, the transport vehicle used for\ntransportation of the fuel tanks is either a trailer pulled by a truck or a truck with an attached\ndeck. You ask whether these fuel tanks are subject to the HMR, and whether you may display\nplacards on these fuel tanks, in accordance with § 172.502(c).\nThe tanks, as described, are subject to the HMR. As defined in § 171.8 of the HMR, a fuel tank\nmeans “a tank, other than a 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\nit is attached, or for the operation of other equipment on the transport vehicle.” Based on your\ndescription, the tanks do not meet the definition of a fuel tank because they are not integrated or\nassembled to be a part of the internal combustion engines of the power generators, compressors,\nand other diesel-powered equipment. The configuration described in your email is not a fuel\n\n<<>>\n\nsystem; therefore, it does not meet the requirements of 49 CFR §§ 393.65 and 393.67 of the\nFederal Motor Carrier Safety Regulations for liquid fuel systems. Regarding the display of\nplacards, these tanks must meet all applicable placarding requirements of Subpart F (Placarding)\nof the HMR.\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<<>>\n\nLarson\n22-0085\nFrom: INFOCNTR (PHMSA)\nTo: Subject: Date: Dodd, Alice (PHMSA); Hazmat Interps\nFW: Request for Interpretation Response\nMonday, August 22, 2022 1:43:07 PM\nAttachments: Aggreko PHMSA.docx\nHi Alice and team,\n-Rachel, HMIC\nPlease see the below interp request. Let us know if any additional info is required. Thanks!\nFrom: Chad Thibodeaux \nSent: Wednesday, August 17, 2022 5:13 PM\nTo: INFOCNTR (PHMSA) \nCc: Mike Green ; Chad Thibodeaux\n\nSubject: Request for Interpretation Response\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nThe primary reason for this request is for clarification of 49 CFR 173.220 for fuel tanks being\ntransported by motor vehicle for the operation of other equipment on the transport vehicle and if\nthe fuel tanks would be subject to HMR. See example listed below. Additionally, I am requesting\nclarification of 49 CFR 172.502 (c) and if it would be applicable in the same example below.\nExample:\nTransporting of fuel tanks containing diesel carried by a motor vehicle that is also\ntransporting a generator, compressor, or some other equipment with an engine that will use\nthe fuel from the fuel tanks as its fuel source after it is delivered.\n· The fuel tanks would not have fuel lines plumed to other equipment on the same transport\nvehicle while transporting. This would be done after delivery to site to avoid possible leaks\nwhile transporting.\n· The fuel tanks would not be bolted or affixed permanently to the motor vehicle. Standard\nchains and/or straps commonly used would secure the equipment while in transport as\nrequired.\n· The fuel tanks would have applicable placards UN1202 or NA1993.\n· The motor vehicle may be a trailer that is being pulled by a truck or it might also be a truck\nwith attached deck used for transport, depending on the size of the equipment being\ndelivered.\nAggreko is an equipment rental company that provides temporary power, temperature control\n(AC/Heat), air compressors, and much more to clients across the globe and currently has around 50\nlocations here in the US. Our current equipment offering that runs on diesel ranges from 30KW\ngenerators all the way up to 1500KW generator on the power generation side and various size air\ncompressors up to1600CFM. The fuel tanks are all double wall and majority are 800 gal., 1200 gal.,\nand 2300 gal. but we do also have some that are 5000 gal. Please also note that 95% of our fuel\n\n<<>>\n\ntanks are of the same manufacture that submitted to letter attached to response #13-0120.\nI have read Interpretation Response #13-0120 and #11-0181 and believe that it is applicable for our\nintended use, but I want to make sure that we are compliant with the regulations. We regularly\nutilize contracted carriers to transport our equipment across the country and I want to make sure\nthat we are providing accurate information to them and that it is applicable in all US states.\nI have attached a copy of this request on letterhead in case you needed a clean copy to print. Please\nlet me know if you need any additional information.\nThanks\nChad Thibodeaux\nManager - Transportation, Import/Export,\nDOT Compliance - North America\nAggreko 4607 W. Admiral Doyle Dr. New Iberia, LA 70560\n337.369.2109 Cell: 337.201.8377\nChad.Thibodeaux@aggreko.com www.aggreko.com\nConfidentiality Notice: This communication and any accompanying attachments contain confidential\ninformation intended for a specific individual and purpose. This communication is private and\nprotected by law. If you are not the intended recipient, you are hereby respectfully notified that any\ndisclosures, copying, forwarding or distribution, or the taking of any action based on the contents of\nthis communication is strictly prohibited.\nDisclaimer\nThis email has been scanned for viruses and malware, and may have been automatically archived by\nMimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a safer and more\nuseful place for your human generated data. Specializing in; Security, archiving and compliance. To find out\nmore Click Here.\n\n<<>>\n\n8/17/2022\nU.S. D.O.T.\nPHMSA - Office of Hazardous Materials Standards\nThe primary reason for this request is for clarification of 49 CFR 173.220 for fuel tanks being transported by motor vehicle\nfor the operation of other equipment on the transport vehicle and if the fuel tanks would be subject to HMR. See example\nlisted below. Additionally, I am requesting clarification of 49 CFR 172.502 (c) and if it would be applicable in the same\nexample below.\nExample:\nTransporting of fuel tanks containing diesel carried by a motor vehicle that is also transporting a generator,\ncompressor, or some other equipment with an engine that will use the fuel from the fuel tanks as its fuel source\nafter it is delivered.\n• The fuel tanks would not have fuel lines plumed to other equipment on the same transport vehicle while\ntransporting. This would be done after delivery to site to avoid possible leaks while transporting.\n• The fuel tanks would not be bolted or affixed permanently to the motor vehicle. Standard chains and/or straps\ncommonly used would secure the equipment while in transport as required.\n• The fuel tanks would have applicable placards UN1202 or NA1993.\n• The motor vehicle may be a trailer that is being pulled by a truck or it might also be a truck with attached deck\nused for transport, depending on the size of the equipment being delivered.\nAggreko is an equipment rental company that provides temporary power, temperature control (AC/Heat), air compressors,\nand much more to clients across the globe and currently has around 50 locations here in the US. Our current equipment\noffering that runs on diesel ranges from 30KW generators all the way up to 1500KW generator on the power generation\nside and various size air compressors up to1600CFM. The fuel tanks are all double wall and majority are 800 gal., 1200\ngal., and 2300 gal. but we do also have some that are 5000 gal. Please also note that 95% of our fuel tanks are of the\nsame manufacture that submitted to letter attached to response #13-0120.\nI have read Interpretation Response #13-0120 and #11-0181 and believe that it is applicable for our intended use, but I\nwant to make sure that we are compliant with the regulations. We regularly utilize contracted carriers to transport our\nequipment across the country and I want to make sure that we are providing accurate information to them and that it is\napplicable in all US states.\nChad Thibodeaux\nManager - Transportation, Import/Export,\nDOT Compliance - North America\n337.369.2109 Cell: 337.201.8377\nChad.Thibodeaux@aggreko.com\nAggreko\nAggreko\n4607 W. Admiral Doyle Drive\nNew Iberia, LA 70560\n1-800-AGGREKO","truncated":false,"body_characters":9779}