{"operation":"document","citation":"23-0033","title":"Sensors, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2023-05-08","effective_on":null,"summary":"23-0033 response to Sensors, Inc. concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0033.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0033.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0033","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/77571/230033.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMay 8, 2023\nMr. Doug Heisler\nManager, Quality and Service\nSensors, Inc.\n6812 State Rd.\nSaline, MI 48176\nReference No. 23-0033\nDear Mr. Heisler:\nThis letter is in response to your March 27, 2023, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) regarding the applicability of the HMR to\na Portable Emission Measurement System, which contains DOT specification cylinders that\nrelease a controlled amount of certain Division 2.1 and 2.2 materials without removing the\ncylinders from the vehicle on which they are transported. Specifically, you state that you install\nthese systems on your customers’ vehicles a few times per year to record emissions\nmeasurements and that these systems utilize a fuel bottle during this measurement while your\ncustomers operate their vehicles. You further state that your company currently possesses a\nSpecial Permit (Ref. No. 15839) that authorizes the transportation of these systems and the\ncontrolled release of certain Division 2.1 and 2.2 materials. You ask whether this activity is\nsubject to the HMR and therefore, whether you need to renew your special permit.\nBased on the information you have provided, the answer is no. Section 171.1(b) and (c) state\nthat the requirements of the HMR apply to each person who offers a hazardous material for\ntransportation in commerce or transports a hazardous material in commerce. It is the opinion of\nthis Office that auxiliary equipment attached to a motor vehicle with the intent of measuring\nvehicle emissions is not considered to be “in commerce.” Therefore, the requirements of the\nHMR are not applicable to your device.\n\n<<>>\n\nHowever, please be aware that there may be applicable requirements from other Federal agencies\nsuch as the Federal Motor Carrier Safety Administration (FMCSA), who can be reached at\n1-800-832-5660, the National Highway Traffic Safety Administration (NHTSA), who can be\nreached at 1-888-327-4236, and the Environmental Protection Agency (EPA), who can be\nreached at 1-734-214-4333.\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\n23-0033\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Request for Interpretation of the applicability of the HMR\nDate: Monday, April 3, 2023 4:28:40 PM\nHi Alice,\nBelow is the address for the interpretation request for Doug Heisler.\nPlease let me know if you need anything else from us.\nRegards,\n-Breanna\nFrom: Doug Heisler \nSent: Monday, April 3, 2023 3:55 PM\nTo: INFOCNTR (PHMSA) \nSubject: RE: Request for Interpretation of the applicability of the HMR\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.\nHi Breanna,\nThank you for your acknowledgement.\nOur physical address is:\nSensors, inc.\n6812 State Rd.\nSaline, MI 48176\nFrom: INFOCNTR (PHMSA) \nSent: Monday, April 3, 2023 3:28 PM\nTo: Doug Heisler \nSubject: RE: Request for Interpretation of the applicability of the HMR\nDear Doug,\nWe have received your request for a written letter of interpretation regarding the hazardous\nmaterials regulations (49 CFR Parts 171-180). The hazardous materials regulations are available at\n\n<<>>\n\nthe following URL:\nhttps://www.ecfr.gov/cgi-bin/text-idx?\nSID=1d49a3b137cb1b6fc45251074e634b44&tpl=/ecfrbrowse/Title49/49tab_02.tpl\nHowever, before we can submit your request for processing, please respond to this email with:\nPhysical Mailing Address\nSincerely,\nBreanna, Hazardous Materials Specialist\nAn e-mail response from this office is considered informal guidance. Formal guidance may be\nrequested in accordance with 49 CFR 105.20. https://www.phmsa.dot.gov/standards-\nrulemaking/hazmat/hazardous-materials-information-center\nFrom: Doug Heisler \nSent: Monday, March 27, 2023 8:03 AM\nTo: INFOCNTR (PHMSA) \nCc: Joe Morrill \nSubject: Request for Interpretation of the applicability of the HMR\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.\nTo whom it may concern,\nSensors, Inc. is currently in possession of a Special Permit (SP-15839) that “..authorizes the\ntransportation in commerce of certain DOT specification cylinders as part of a Portable Emission\nMeasurement System, which release a controlled amount of certain Division 2.1 and 2.2 materials\nwithout removing the cylinder from the vehicle on which it is transported.”\nOur special permit is coming due for renewal, but we would like to request an interpretation of the\nHMR as we are not certain it applies to our activity and therefore might not be required to maintain.\nWe are unsure how to interpret the need for a permit. We are not a carrier and we do not haul\ngoods for sale/resale. We do not sell, deliver, or distribute any gases, either.\nWhat we do is work with our customers a few times (<10) per year to install our equipment on their\nvehicle(s) in order to record emissions measurements per (EPA 1065…); and that equipment utilizes\n\n<<>>\n\na fuel bottle during the emission measurement while our customer uses/operates their vehicle.\nThese measurements are less than a typical driving day for the customer, and usually only a few\nhours.\nMay we ask you to please consider and address the following 3 questions:\nQuestion #1:\nGiven our specific and narrow activity, is this use subject to HMR or require this permit?\nIf ‘Yes’ to question #1:\nQuestion #2:\nIs 49 CFR 177.834(h) applicable to our activity?\nIf neither question #1 or question #2 are applicable:\nQuestion #3:\nDo we need to apply for ‘any’ Special Permit?\nPlease let me know if you require further details or information.\nThank you for your time.\nWith regards,\nDoug\nDoug Heisler | Sensors, Inc. | Manager, Quality and Service | +1.734.295.9483 (o) | www.sensors-inc.com\nSensors – 50 years of innovation built on experience\nDisclaimer: This email and any attachments may contain confidential and privileged information. If you are not the intended\nrecipient, please notify the sender immediately by return email, delete this e-mail and destroy any copies. Any dissemination\nor use of this information by a person other than the intended recipient is unauthorized and may be illegal.","truncated":false,"body_characters":6834}