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Interpretation Response #09-0078 ([Kasi Infrared Corporation] [Mr. Thomas Allen])

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

Interpretation Response Details

Response Publish Date:

Company Name: Kasi Infrared Corporation

Individual Name: Mr. Thomas Allen

Location State: NH Country: US

View the Interpretation Document

Response text:

May 29, 2009




Mr. Thomas Allen

Kasi Infrared Corporation

P.O. Box 895

Claremont, NH 15275

Ref. No. 09-0078

Dear Mr. Allen:

This responds to your March 20, 2009 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your company builds chassis mounted infrared asphalt repair equipment. The equipment consists of an infrared asphalt re-claiming box and a six-foot-by-eight-foot rear-mounted infrared chamber for heating asphalt pavement for in-place restoration. The entire system is fueled by propane from two 420-pound multi-valve vapor draw tanks. You ask if the permanently attached propane fuel tanks for the asphalt re-claiming system are eligible for the exception for mechanical equipment in § 173.220.

The answer is no. The provisions of § 173.220 do not apply to the situation you describe. Rather, the requirements of this section apply only to the transportation as cargo of internal combustion engines, self-propelled vehicles, mechanical equipment containing internal combustion engines, and battery-powered vehicles and equipment.

A fuel tank meeting the requirements in the Federal Motor Carrier Safety Regulations (FMCSR) for fuel systems and used only for supplying fuel for the operation of a motor vehicle or its auxiliary equipment is not subject to regulation under the HMR with respect to its use on the vehicle (see FMCSR requirements at 49 CFR 393.65 and 393.69). Such tanks must conform to all applicable marking requirements and must be maintained in accordance "Standards for the Storage and Handling of Liquefied Petroleum Gases" of the National Fire Protection Association (NFPA).

I hope this information is helpful. If you have further questions, please do not hesitate to contact this Office or the Federal Motor Carrier Safety Administration.


Charles E. Betts

Chief, Standards Development

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