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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.


Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standard

172.101 173.150

Regulation Sections

Section Subject
172.101 Purpose and use of hazardous materials table
173.150 Exceptions for Class 3 (flammable and combustible liquids)