Wright's Trucking & Harvesting — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh Street, S.W. Research and Washington, D.C. 20590 Administration Special Programs APR 1 3 1999 Mr. Kent C. Wright Wright's Trucking & Harvesting Ref. No. 99-0003 HC.85 Box 163 Bridgeport, NE 69336 Dear Mr. Wright: This is in response to your letter dated December 24, 1998, requesting clarification on the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to your harvesting operation involving a fuel truck. Specifically, you are requesting clarification on whether your service truck carrying a bulk fuel tank which powers the truck and is also used for offloading diesel fuel into the harvesting equipment is required to be placarded. It is the opinion of this office that if a fuel tank meets the requirements for all fuel systems under §§ 393.65 and 393.69 of the Federal Motor Carrier Safety Regulations (FMCSR), including marking, and is maintained in accordance with NFPA/ASME standards for fuel systems, and not used as a packaging for hazardous materials, e.g., a cargo tank, then it is subject only to the FMCSR. However, if it does not meet the FMCSR requirements for fuel systems, then the fuel tank would meet the definition of a "cargo tank" (see § 171.8). Under the HMR, a cargo tank is subject to specification packaging, shipping papers, marking, placarding, and emergency response information requirements. I hope this answers your inquiry. Sincerely, Delm A Billio, Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards 1118 990003#

Page 2Bridgaport NE. 69336 HC. 83 Box 163 800-962-2988 308-254-2988 119-0003 Wright's Trucking & Harvesting Boothe Engrunt 171.8 December 24, 1998 Ed T. Mazzullo USDOT-HSPA 400 7° Southwest Room 8100 Washington DC. 20590-0001 Dear Helen I spoke with you on December 21 1998 concerning my service truck, which is used to fuel our ling equipment in our aperation. This truck is diesel powered and has a bulk cargo tank which powers the truck and also carries Dies al fuels for the combines. Whon we spoke it was my understanding that the vehicle did not have to be placard when it is being driven on the road. However, did have to be placard when it was off loading the diesel fuel in to the Harvesting equipment. I would like a letter of interruption for my records stating this. Sincerety Kite sight Kent C. Wrigtr#