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Interpretation Response #12-0123 ([Jetstream of Houston, LLP] [Mr. Bill Slovak])

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

Interpretation Response Details

Response Publish Date:

Company Name: Jetstream of Houston, LLP

Individual Name: Mr. Bill Slovak

Location State: TX Country: US

View the Interpretation Document

Response text:

August 1, 2012



Mr. Bill Slovak
Products Engineering Manager
Jetstream of Houston, LLP
5905 Thomas Road
Houston, TX 77041-4904

Reference No.: 12-0123

Dear Mr. Slovak:

This is in response to your May 22, 2012 e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You ask several questions pertaining to a 150 gallon diesel fuel tank mounted on a trailer to provide fuel for a diesel engine pump mounted on the trailer. Your questions are paraphrased and answered as follows:
Q1. Is the 150 gallon fuel tank subject to the HMR?

A1. Provided the fuel tank meets the requirements of 49  CFR §§ 393.65 and 393.67 (relating to fuel systems and fuel tanks) of the Federal Motor Carrier Safety Administration Federal Motor Carrier Safety Regulations (FMCSRs), and are not used as packaging for the shipment of hazardous materials (e.g., a cargo tank) then the trailer and its installed equipment is subject only to the FMCSRs. If the fuel tank does not meet the FMCSR requirements for fuel systems and fuel tanks, the fuel tank is subject to the HMR when transported in commerce.

Q2. If the fuel tank meets the requirements of FMCSR §§ 393.65 and 393.67 and is deemed a fuel system? Is the 150 gallon tank on our equipment exempt from the HMR and CDL with H endorsement requirements?

A2. See A1. With regard to the requirement for a CDL with an H endorsement, if the vehicle meets the definition of a commercial motor vehicle under 49 CFR Part 383, the driver would be required to have a CDL; however, the H endorsement would not be required since the vehicle would not be required to display placards.

Q3. Is HMR § 173.220(a) applicable to the trailer?

A3. Section 173.220(a) would only be applicable if the fuel tank does not meet the requirements of FMCSR §§ 393.65 and 393.67. In this event, the fuel tank would be considered a cargo tank.

Q4. If § 173.220 applies, does it mean that the fuel tanks need non-vented caps or valves or quick disconnects in the lines to be considered "securely closed".

A4. Section 173.220(a) does not apply, provided the fuel tank meets the requirements of FMCSR §§ 393.65 and 393.67.
I trust this satisfies your inquiry. Please contact us if we can be of further assistance.



Delmer Billings
Senior Regulatory Advisor
Standards and Rulemaking Division


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