{"operation":"document","citation":"98-0372","title":"Minnesota Department of Transportation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1999-08-07","effective_on":null,"summary":"98-0372 response to Minnesota Department of Transportation concerning 177.834.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0372.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0372.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0372","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980372.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nUS Department\nWashington, D.C.\n400 Seventh Street, S.W.\n20590\nResearch and\nSpecial Programs\nAdministration\nAUG\n_ 7 1999\nMr. Michael Ritchie\nRef. No.\n98-0372\nHazardous Materials\nSpecialist\nMinnesota\nDepartment of Transportation\nOffice of Motor Carrier Services, Mail Stop 420\n1110 Centre Pointe Curve\nMendota Heights, MN\n55118\nDear Mr. Ritchie:\nThis is in response to your letter of December 3, 1998,\nregarding the transportation of fuel for machinery under\n§ 177.834 (h) of the Hazardous Materials Regulations (HMR; 49\nCFR Parts 171-180). Your questions are answered as follows:\nQ1. May a carrier transporting gasoline in a cargo tank to\nfuel equipment not used in road construction, for example\na lawn and garden service fueling mowers and related\nequipment, unload fuel from the\nvehicle to that\nequipment?\nAl. Nothing in the HMR prohibits the refueling of equipment\nincluding, but not limited to, road construction, lawn\nand garden, and other equipment. Section 177.834 (h)\nstates that discharge of contents of any container, other\nthan a cargo tank or IM portable tank, must not be made\nprior to removal from the motor vehicle.\n02.\nIf a carrier transports gasoline in an authorized DOI\nspecification portable tank or intermediate bulk\ncontainer (IBC), may the contents of that container be\ndischarged while that packaging is on the vehicle to fuel\nmachinery or vehicles used in road construction or\nmaintenance?\nA2. Section 177.834 (h) states that discharge of contents of\nany container, other than a cargo tank or IM portable\ntank, must not be made prior to removal from the motor\nvehicle. However, a portable tank may be used as a cargo\ntank if it conforms\nto all of the requirements prescribed\nfor cargo tank containers (§ 173.32 (a) (1)). IBCs may not\n177,834\n980372\n\n<<<PAGE 2>>>\n\n•\nbe unloaded prior to removal from the motor vehicle.\nQ3. If the carrier is fueling machinery not used in road\nconstruction, may he or she use portable tanks or IBCS\nmounted on a\nvehicle?\nA3.\nA portable tank may be loaded or unloaded without\nremoving it from a trailer only if it meets all HMR\nrequirements for cargo tank containers (S 173.32 (a) (1)) •\nIBCs may not be unloaded unless they are first removed\nfrom the motor vehicle.\n04. If discharge of fuel is allowed from a portable tank or\nIBC mounted on a truck, are there any additional\ninspections or equipment required for those bulk\npackages?\nA4.\nPortable tanks must conform to the requirements for cargo\ntank containers in § 173.33. (See § 173.32 (a) (1)). IM\nportable tanks must meet\nthe outlet requirements in\n§ 178.345-11 of this subchapter and must be attended by a\nqualified person during the unloading in accordance with\n$ 177.834 (i). (See $ 177.834 (0)).\nIBCs are not allowed\nto be unloaded while on a motor vehicle.\nQ5. Is it permissible to discharge gasoline from a non-bulk\npackage secured on a truck, for example a UN standard 55\ngallon drum equipped with a pump, to fuel road\nconstruction machinery or to fuel machinery or equipment\nnot used in road construction or maintenance?\nA5. Removal of any contents from the drums must be made after\nthe drums have been removed from the motor vehicle.\nI hope this satisfies your inquiry.\nSincerely,\nJeho\nhan Bellip\nDelmer\nF. Billings\nChief, Standards Development\noffice of Hazardous Materials Standards ::\n\n<<<PAGE 3>>>\n\nMINNESOTA\nMinnesota Department of Transportation\nOffice of Motor Carrier Services\nMail Stop 420\n1110 Centre Pointe Curve\nFax: 612/405-6082\n612/405-6060\nMendota Heights, MN 55118\nTDD: 612/405-6072\nGeorge\nDecember 3, 1998\n$177.834\n98-0372\nEdward Mazzullo\nDirector, Office of\nHazardous Materials Standards\nUSDOT/RSPA/DHM-10\n400 Seventh Street SW\nWashington, DC 20590-0001\nRe: Request for interpretation.\nDear Mr. Mazzullo,\n49 CFR 177.834 (h) states, in part, \"There must be no tampering with such containers or the\ncontents thereof nor any discharge of the contents of any container between point of origin and\npoint of billed destination. Discharge of contents of any container, other than a cargo tank, must\nnot be made prior to removal from the motor vehicle. Nothing contained in this paragraph shall\nbe so construed as to prohibit fueling of machinery or vehicles used in road construction or\nmaintenance.\"\nPlease give guidance in the following situations. In all cases the carrier is in commerce, and\nsubject to the Hazardous Materials Regulations.\n1. May a carrier transporting gasoline in a cargo tank to fuel equipment not used in road\nconstruction, for example a lawn and garden service fueling mowers or related equipment,\nunload fuel from the vehicle to that equipment?\n2. If a carrier transports gasoline in an authorized DOT specification portable tank or\nIntermediate Bulk Container (IBC), may the contents of that container be discharged while that\npackaging is on the vehicle to fuel machinery or vehicles used in road construction or\nmaintenance?\nAn equal opportunity employer\ni. =\n\n<<<PAGE 4>>>\n\n•\n3. If the carrier is fueling machinery not used in road construction, may they use portable tanks\nor IBC's mounted on a vehicle.?\n4. If discharge of fuel is allowed from the portable tank or IBC mounted on a truck, are there any\nadditional inspections or equipment required for those bulk package?\n5. Is it permissible to discharge gasoline from a non-bulk package secured on a truck, for\nexample an UN standard 55 gallon drum equipped with a pump, to fuel road construction\nmachinery? To fuel machinery or equipment not used in road construction or maintenance?\nMy office is getting many questions from carriers exploring options on transporting fuel to\nmachinery. You or your staff can reach me at (651) 405-6120. Thank you for your assistance.\nYours truly,\nMabel Rittere\nMichael Ritchie\nHazardous Materials Specialist\nMinnesota Department of Transportation","truncated":false,"body_characters":5829}