Interpretation Response #08-0094 ([Reeves Construction Company] [Mr. Ray Couture])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Reeves Construction Company
Individual Name: Mr. Ray Couture
Location State: GA Country: US
View the Interpretation Document
Response text:
June 2, 2008
Mr. Ray Couture
Reeves Construction Company
1 APAC Industrial Way
Augusta, GA 30903
Ref. No.: 08-0094
Dear Mr. Couture:
This is in response to your April 7, 2008 letter regarding the transportation of diesel fuel in auxiliary fuel tanks under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if you may install two separate auxiliary fuel tanks for dispensing diesel fuel on a company vehicle provided the capacity of each tank does not exceed 220 liters (119 gallons).
The answer is yes. Based on its flashpoint, diesel fuel may be reclassed as a combustible liquid, thereby qualifying for the exceptions to the HMR provided in § 173.150(f) (see the Hazardous Materials Table, Column 8A). That section provides that a combustible liquid in a non bulk packaging (i.e., having a capacity less than 220 liters (119 gallons)) is not subject to the HMR unless the combustible liquid is a hazardous substance, a hazardous waste, or a marine pollutant.
Regarding your concern about tractor trailer fuel tanks, vehicle fuel tanks are not subject to the HMR. However, fuel tanks must meet the requirements for all fuel systems under § 393.65 and the diesel fuel tanks you refer to in your letter must also comply with § 393.67 of the Federal Motor Carrier Administration"s Federal Motor Carrier Safety Regulations (FMSCR).
I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standard
172.101 173.150