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Interpretation Response #00-0002 ([SJC Compliance Education] [Mr. Stephen Cansler])

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

Interpretation Response Details

Response Publish Date:

Company Name: SJC Compliance Education

Individual Name: Mr. Stephen Cansler

Location State: TX Country: US

View the Interpretation Document

Response text:

September 26, 2000

Mr. Stephen Cansler                 Ref.  No.  00-0002

SJC Compliance Education

806 Voyager Dr.

Houston, TX 77062

Dear Mr. Cansler:

This is in response to your letter requesting a clarification on the applicability of the Hazardous Materials Regulations (HMR; 49 CFR, Parts 171-180) to trailers equipped with permanently mounted diesel powered generators.  Specifically, you inquire whether your client's generators that conform to the modal conditions specified in § 173.220(b)(4) for highway transportation are excepted from all other requirements of the HMR as provided in § 173.220(e)(1).

You state that these diesel powered generators, equipped with permanently mounted bulk fuel tanks ranging in capacity from 100 to 500 gallons, are used to produce temporary electrical power for facilities during emergencies.  It is your understanding that § 173.220 places no limit on the fuel tank's capacity provided the fuel is used for operation of the generators and is not considered cargo.

You are correct in your understanding that, if the appropriate requirements in § 173.220 for fuel tanks are met, mechanical equipment containing an internal combustion engine equipped with a fuel tank meeting the definition of a bulk packaging may be transported under the exceptions specified in § 173.220(e)(1). 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".  Fuel systems that meet the requirements under '' 393.65 and 393.67 of the Federal Motor Carrier Safety Administration's Federal Motor Carrier Safety Regulations (FMCSR) and are not used as packaging for hazardous materials are subject only to the FMCSR.  If the fuel tank does not meet the FMCSR requirements for fuel systems, the fuel tank is subject to the HMR when transported in commerce.

Please contact us if we can be of further assistance.


Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards


Regulation Sections

Section Subject
173.220 Internal combustion engines, vehicles, machinery containing internal combustion engines, battery-powered equipment or machinery, fuel cell-powered equipment or machinery