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Interpretation Response #08-0306 ([White River Distributors] [Mr. David Fulbright])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: White River Distributors

Individual Name: Mr. David Fulbright

Location State: AR Country: US

View the Interpretation Document

Response text:

February 26, 2009








Mr. David Fulbright

White River Distributors

P.O. Box 2037

Batesville, AR 72501

Ref. No. 08-0306

Dear Mr. Fulbright:

This responds to your December 18, 2008 letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the installation of multifunction wireless transmitter/receiver systems with redundant backup controls for a specification MC 331 cargo tank motor vehicle in metered delivery service hauling liquefied compressed gas. Your questions are paraphrased and answered below.

Q1: Is it permissible to certify the remote shut down system as being in compliance with the HMR if a redundant backup control is added to the vehicle?

A1: The answer is yes, if the emergency discharge control system for cargo tank motor vehicles in liquefied compressed gas service meets the performance standard established in

§ 173.315(n)(3).

Q2: If the transmitter is lost or malfunctions and the truck can be operated with the redundant controls, is it permissible for a second person, who is in hands reach of the controls, to operate and unload the vehicle?

A2: Yes.

Q3: Is it the owner"s responsibility to obtain all certifications and operate the cargo tank motor vehicle in conformance with the hazmat regulations?

A3: The owner of a cargo tank motor vehicle must retain the certification documents required under the HMR throughout his or her ownership of the specification cargo tank motor vehicle and for one year thereafter (§ 180.417(a)(1)). In addition, a motor carrier who is not the owner of a cargo tank motor vehicle (e.g., a lessee) must obtain a copy of the vehicle certification report and related documents and retain them at its principal place of business for as long as the cargo tank motor vehicle is used by that carrier and for one year thereafter (§ 180.417(a)(2)).

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.

Sincerely,

Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

173.315(n)(3)

Regulation Sections

Section Subject
173.315 Compressed gases in cargo tanks and portable tanks
180.417 Reporting and record retention requirements