Interpretation Response #22-0085
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
March 8, 2023
Mr. Chad Thibodeaux
Manager - Transportation, Import/Export
DOT Compliance - North America
4607 W. Admiral Doyle Drive
New Iberia, LA 70560
Reference No. 22-0085
Dear Mr. Thibodeaux,
This letter is in response to your August 17, 2022, email, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of fuel tanks by motor vehicle. Specifically, you state that you transport fuel tanks—containing diesel fuel in quantities between 800 to 5,000 gallons—to be used to power generators, compressors, and other diesel-powered equipment once they are delivered to their destination. You state that the fuel tanks would not be connected directly to other equipment during transportation; however, they would be connected once delivered to their destination. You also state that the fuel tanks would not be bolted or permanently affixed to the transport vehicle, but instead would be strapped and/or chained to the transport vehicle. You further state that the fuel tanks are placarded as "UN1202, Diesel fuel" or "NA1993, Diesel fuel," as applicable. Lastly, you state that depending on the equipment being delivered, the transport vehicle used for transportation of the fuel tanks is either a trailer pulled by a truck or a truck with an attached deck. You ask whether these fuel tanks are subject to the HMR, and whether you may display placards on these fuel tanks, in accordance with § 172.502(c).
The tanks, as described, are subject to the HMR. As defined in § 171.8 of the HMR, a fuel tank means "a tank, other than a cargo tank, used to transport flammable or combustible liquid, or compressed gas for the purpose of supplying fuel for propulsion of the transport vehicle to which it is attached, or for the operation of other equipment on the transport vehicle." Based on your description, the tanks do not meet the definition of a fuel tank because they are not integrated or assembled to be a part of the internal combustion engines of the power generators, compressors, and other diesel-powered equipment. The configuration described in your email is not a fuelsystem; therefore, it does not meet the requirements of 49 CFR §§ 393.65 and 393.67 of the Federal Motor Carrier Safety Regulations for liquid fuel systems. Regarding the display of placards, these tanks must meet all applicable placarding requirements of Subpart F (Placarding) of the HMR.
I hope this information is helpful. Please contact us if we can be of further assistance.
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
|§ 171.8||Definitions and abbreviations|