{"operation":"document","citation":"99-0224","title":"HMT Associates, L.L.C. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-01-31","effective_on":null,"summary":"99-0224 response to HMT Associates, L.L.C. concerning 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0224.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0224.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0224","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1999/990224.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nUS. Department\n400 Seventh Street. S.W\nSpecial Programs\nResearch and\nWashington, D.C.\n20590\nJAN 3 1 2000\nAdministration\nMr. E.A. Altemos\nHMT Associates, L.L.C.\nRef. No. 99-0224\n1850 K Street, N.W.\nSuite 200\nWashington, DC 20006-3500\nDear Mr. Altemos:\nThis is in response to your letter of August 18, 1999, concerning applicability of the Hazardous\nMaterials Regulations (HMR; 49 CFR parts 171-180) to a compressed air system which is\nliquid from a bulk tank on the vehicle.\npermanently mounted on a commercial motor vehicle and used to discharge a non-hazardous\nYou ask whether such a system is considered to be outside the scope of the HMR, consistent\nwith an opinion issued by this office on July 26, 1994, in the same manner as \"fuel systems and\nequipment such as fire extinguishers, cargo heaters, and air conditioners.\" In that opinion, this\nOffice affirmed that equipment that is an integral part of a motor vehicle is not subject to\nrequirements of the HMR. That opinion, however, does not extend to truck-mounted systems\nhazardous) during transportation in commerce.\ndesigned to facilitate, by pressurization or otherwise, the unloading of cargoes (hazardous or non-\nFrom your description of the pressure unloading system, it appears that the receiving tank may\nconform to requirements in § 173.6(a)(2) for certain Division 2.2 materials of trade. This section\nspecifies that the receiving tank must be manufactured to American Society of Mechanical\nEngineers (ASME) standards and have a rated capacity of not more than 70 gallons water\ncapacity. In addition, to qualify for the materials of trade exception the vehicle must be operated\nby a private motor carrier in direct support of a principal business that is other than\ntransportation. If the provisions of § 173.6 are met, then the system is not subject to any other\nrequirements of the HMR.\nI hope this satisfies your request.\nSincerely,\nThan\nThomas G. Allan\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials Standards\n990224\n\n<<<PAGE 2>>>\n\n•\nLik.\nHMT ASSOCIATES, L.L.C.\n99-0224\nWASHINGTON, D.C. 20006-350\nEA. ALTEMOS\n(202) 463-3511\nPATRICIA A. QUINN\nGORDON ROUSSEAU\nFACSIMILE (202) 463-3512\nWRITER'S DIRECT DIAL NUMBER\n(202) 463-3511, Ext. 11\nAugust 18, 1999\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous\nMaterials Standards (DHM-10)\nResearch and Special Programs\nAdministration\nDepartment of Transportation\nWashington, D.C. 20590-0001\nDear Mr. Mazzullo:\nThe enclosed interpretation letter, dated July 26, 1994, confirms that equipment containing\n• hazardous materials that is an integral part of a motor vehicle, for example (i.e., not limited to) \"fuel\nsystems and equipment such as fire extinguishers, cargo heaters, and air conditioners\" is not\nconsidered to be in commerce, and is not subject to the Hazardous Materials Regulations (\"the\nHMR\", 49 CFR Parts 171-180). The letter draws attention to the fact that the Federal Motor Carrier\nSafety Regulations (\"the FMCSR\", 49 CFR Parts 390-399) contain specific requirements for certain\nequipment, such as fuel systems and fire extinguishers. In this regard, it is noted that the FMCSR\ndo not contain specific requirements for the other example of integral equipment cited in the letter\nand deemed not to be subject to the HMR (i.e., \"air conditioners\"), although certain general\nrequirements of the FMCSR could be applicable to such systems and their manner of installation on\nthe motor vehicle to which they are integrally attached (e.g., §§ 393.3 and 393.201). Indeed, § 393.3\nof the FMCSR provides that \"[n]othing contained in this subchapter shall be construed to prohibit\nthe use of additional equipment and accessories, not inconsistent with or prohibited by this\nsubchapter,...\"\nOn the basis of the enclosed letter, it may be concluded that equipment and systems\ncontaining hazardous materials that are integral to a vehicle are not subject to the HMR, provided\n\n<<<PAGE 3>>>\n\nHMT ASSOCIATES, LI.C.\nMr. Edward T. Mazzullo\nAugust 18, 1999\nPage 2\nthey comply with applicable requirements of the FMCSR (which may be either requirements specific\nto that system or equipment, or general requirements).\nThe purpose of this letter is to request confirmation of this understanding as it relates to a\nsystem containing relatively low pressure compressed air (e.g., not more than 100 psig) that is\npermanently attached to a commercial motor vehicle. Specifically, the system in question consists\nof an air compressor and receiver permanently mounted on a motor vehicle. The compressed air is\nused to drive pneumatic pumps attached to the vehicle, that discharge a non-hazardous liquid from\na bulk tank on the vehicle. Compressed air is also used to operate a control system used during the\ndischarge operation. Based on the enclosed letter, I understand that this compressed air system\n(including the air compressor, receiver, controller and associated piping), which is an integral part\nof the motor vehicle, is not subject to the HMR when containing compressed air at or above an\nabsolute pressure of 280 kPa (40.6 psia). The system would, however, be required by the FMCSR\nto comply with any applicable requirements of the FMCSR.\nPlease confirm that my understanding is correct that the compressed air system described\nabove would not be subject to the provisions of the HMR. Thank you for your consideration in this\nmatter.\nSincerely,\nE. A. Altemos\nEnclosure","truncated":false,"body_characters":5442}