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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #14-0099 ([Commerical Vehicle Safety] [Mr. Byron G. Adkins])

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

Interpretation Response Details

Response Publish Date:

Company Name: Commerical Vehicle Safety

Individual Name: Mr. Byron G. Adkins

Location State: SC Country: US

View the Interpretation Document

Response text:

Mr. Byron G. Adkins
Director, Commercial Vehicle Safety
2341 Deerfield Drive
Ft. Mill, SC 29541

Ref. No.: 14-0099

Dear Mr. Adkins:

This is in response to your letter dated May 7, 2014, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) relating to the §171.8 definition of fuel tank. You present a scenario where a 500 to 750 gallon intermediate bulk container (IBC) or portable fuel tank is transported as freight on the deck of a transport vehicle along with an item of equipment. The IBC or portable fuel tank may or may not be used to fuel the item of equipment being transported; is neither attached to or an integral part of the piece of equipment; and is not attached to and used for supplying fuel for the transport vehicle or other auxiliary equipment on the transport vehicle. You ask if the IBC or portable tank meets the §171.8 definition of fuel tank.

Based on the information provided, it is the opinion of this office that the described IBC or portable tank does not meet the §171.8 definition of fuel tank. For a tank to meet the §171.8 definition of fuel tank it must be attached to and used for the purpose of supplying fuel for the propulsion of the transport vehicle, or for the operation of other equipment on the transport vehicle. The described IBC or portable tank does not meet either of these conditions.

Further, §173.220(f) only excepts from the requirements of the HMR, hazardous materials that are integral components of, necessary for the operation of, and securely installed in mechanical equipment. Therefore, the described IBC or portable tank is treated as an item of cargo and is subject to all applicable requirements of the HMR.

I trust this information is helpful. If you have further questions, please do not hesitate to contact this office.

Sincerely,

Shane C. Kelley
Acting International Standards Coordinator
Standards and Rulemaking Division

Regulation Sections

Section Subject
171.8 Definitions and abbreviations