{"operation":"document","citation":"99-0003","title":"Wright's Trucking & Harvesting — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1999-04-13","effective_on":null,"summary":"99-0003 response to Wright's Trucking & Harvesting concerning 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0003.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0003.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0003","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1999/990003.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh Street, S.W.\nResearch and\nWashington, D.C. 20590\nAdministration\nSpecial Programs\nAPR 1 3 1999\nMr. Kent C. Wright\nWright's Trucking & Harvesting\nRef. No. 99-0003\nHC.85 Box 163\nBridgeport, NE 69336\nDear Mr. Wright:\nThis is in response to your letter dated December 24, 1998, requesting clarification on the applicability\nof the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to your harvesting operation\ninvolving a fuel truck. Specifically, you are requesting clarification on whether your service truck\ncarrying a bulk fuel tank which powers the truck and is also used for offloading diesel fuel into the\nharvesting equipment is required to be placarded.\nIt is the opinion of this office that if a fuel tank meets the requirements for all fuel systems under\n§§ 393.65 and 393.69 of the Federal Motor Carrier Safety Regulations (FMCSR), including marking,\nand is maintained in accordance with NFPA/ASME standards for fuel systems, and not used as a\npackaging for hazardous materials, e.g., a cargo tank, then it is subject only to the FMCSR. However,\nif it does not meet the FMCSR requirements for fuel systems, then the fuel tank would meet the\ndefinition of a \"cargo tank\" (see § 171.8). Under the HMR, a cargo tank is subject to specification\npackaging, shipping papers, marking, placarding, and emergency response information requirements.\nI hope this answers your inquiry.\nSincerely,\nDelm A Billio,\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n1118\n990003\n\n<<<PAGE 2>>>\n\nBridgaport NE. 69336\nHC. 83 Box 163\n800-962-2988\n308-254-2988\n119-0003\nWright's Trucking & Harvesting\nBoothe\nEngrunt\n171.8\nDecember 24, 1998\nEd T. Mazzullo\nUSDOT-HSPA\n400 7° Southwest\nRoom 8100\nWashington DC. 20590-0001\nDear Helen\nI spoke with you on December 21 1998 concerning my service truck, which is used to fuel our\nling equipment in our aperation.\nThis truck is diesel powered and has a bulk cargo tank which powers the truck and also carries\nDies\nal fuels for the combines.\nWhon we spoke it was my understanding that the vehicle did not have to be placard when it\nis being driven on the road.\nHowever, did have to be placard when it was off loading the diesel fuel in to the\nHarvesting equipment.\nI would like a letter of interruption for my records stating this.\nSincerety\nKite sight\nKent C. Wrigtr","truncated":false,"body_characters":2399}