Interpretation Response #22-0051
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
October 25, 2022
Mr. Wayne W. Carver
4520 North State Road 37
Orleans, IN 47452
Reference No. 22-0051
Dear Mr. Caver:
This letter is in response to your May 17, 2022, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to fuel systems powering equipment mounted on a motor vehicle. Specifically, you ask whether the tanks fueling your equipment require placarding and therefore require a driver with a hazmat endorsement on his or her Commercial Driver's License.
As defined in § 171.8, a fuel tank is a tank—other than a cargo tank—used to transport flammable or combustible liquid, or compressed gas, for the purpose of supplying fuel for propulsion of the transport vehicle to which it is attached, or for the operation of other equipment on the transport vehicle. Therefore, provided the permanently-mounted tanks: 1) meet the requirements of 49 CFR §§ 393.65 and 393.67 of the Federal Motor Carrier Safety Regulations for liquid fuel systems; 2) are used only for supplying fuel for the operation of the motor vehicle or its auxiliary equipment; and 3) are not marked as Department of Transportation specification cargo tanks nor meet the definition of a cargo tank, as defined in § 171.8, the mounted fuel tanks are not subject to the HMR with respect to their use on the vehicle.
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
|§ 171.8||Definitions and abbreviations|