Interpretation Response #07-0203 ([Law Offices of Paul D. Borghesani] [Ms. Angela Hankins])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Law Offices of Paul D. Borghesani
Individual Name: Ms. Angela Hankins
Location State: IN Country: US
View the Interpretation Document
Response text:
December 20, 2007
Ms. Angela Hankins
Law Offices of Paul D. Borghesani
307 S. Main Street, Suite 300
Elkhart, IN 46516
Ref. No. 07-0203
Dear Ms. Hankins:
This responds to your letter regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the transportation of diesel fuel in an auxiliary fuel tank on a pick-up truck. You state that the diesel fuel is contained in a tank with a capacity of less than 119 gallons and that the diesel fuel is used to power the pick-up truck.
A motor vehicle fuel tank that: (1) meets the requirements for liquid fuel systems under §§ 393.65 and 393.67 of the Federal Motor Carrier Safety Regulations, including marking; (2) is maintained in accordance with NFPA/ASME standards for fuel systems; and (3) is not used as a packaging for hazardous materials is not subject to the requirements of the HMR. In addition, under § 173.150(f) of the HMR, a flammable liquid with a flashpoint of 38°C (100°F) or higher that does not meet the definition of any other hazard class, may be reclassed as a combustible liquid. Combustible liquids, such as diesel fuel, transported in non-bulk packagings (i.e. < 450 liters/119 gallons) are not subject to the HMR.
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
173.150
Regulation Sections
| Section | Subject |
|---|---|
| 173.150 | Exceptions for Class 3 (flammable and combustible liquids) |