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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 #19-0029

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

Interpretation Response Details

Response Publish Date:

Company Name: Holland & Knight, LLP

Individual Name: Steven Gordon

Location State: DC Country: US

View the Interpretation Document

Response text:

May 24, 2019

Steven D. Gordon, Esq.
Holland & Knight LLP
800 17th Street, N.W., Suite 1100
Washington, DC 20006

Reference No. 19-0029

Dear Mr. Gordon:

This letter is in response to your March 14, 2019, request and subsequent conversations for clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to retail mobile fueling operations conducted by your client, Filld, Inc. (Filld). You describe a scenario in which Filld: (1) purchases non-Department of Transportation (DOT) specification metal refueling tanks manufactured by Aluminum Tank Industries, Inc. under DOT Special Permit (SP) 14227; and (2) conducts a retail mobile fueling operation that transports gasoline by motor vehicle and then offloads that gasoline to refuel other motor vehicles (i.e., dispensing gasoline into parked automobiles).

We have paraphrased and answered your questions as follows:

Q1. You ask whether Filld's retail mobile fueling operations are under the purview of the DOT's regulations pursuant to the Federal hazmat law (49 U.S.C. § 5101 et seq.) and the HMR.

A1. The answer is yes. Based on the information you provided, Filld's retail mobile fueling operations offer, transport, and unload "UN1203, Gasoline," a regulated hazardous material, on public roads in commerce. The Federal hazmat law gives the Secretary of Transportation the general authority and mandate to prescribe regulations for the "safe transportation of hazardous materials in intrastate, interstate, and foreign commerce" in accordance with 49 U.S.C. § 5103. Section 49 CFR 1.96(b)(1) delegates PHMSA with the responsibility for promulgating these regulations, which it has done under the HMR, and the HMR governs the safe transportation of hazardous materials in intrastate, interstate, and foreign commerce (see § 171.1 of the HMR).

Q2. You ask whether the scenario described above is in compliance with the HMR.

A2. Provided Filld complies with all of the additional applicable HMR requirements, the necessary terms and conditions of DOT-SP 14227, and the procedures described in the attachment to the incoming letter, the scenario described above is in compliance with the HMR.

Q3. You ask whether a transport vehicle operating under the terms and conditions of DOT-SP 14227 is considered a cargo tank motor vehicle (CTMV) as defined by the HMR.

A3. The answer is no. Because the packagings authorized in DOT-SP 14227 are technically non-bulk and, except for capacity, are fabricated under a specification for an Intermediate Bulk Container (IBC), they do not meet the definition of a CTMV as defined in § 171.8 of the HMR.

Please note that some of the activities you describe in the attachment to your letter such as the requirement for a commercial driver's license are under the purview of the Federal Motor Carrier Safety Administration (FMCSA). FMCSA is the lead Federal government agency responsible for regulating and providing safety oversight of commercial motor vehicles. You may wish to contact FMCSA should you require clarification of any requirements relevant to commercial driver's licenses.

I hope this information is helpful. Please contact us if we can be of further assistance.


T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

1.96(b)(1), 171.1, 171.8

Regulation Sections

Section Subject
171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions