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September 04, 2012
Are fuel tanks regulated under DOT's hazardous materials regulations?

We have had a number of questions recently concerning fuel tanks that are used to fuel equipment and whether they are subject to DOT's Hazardous Materials Regulations (HMRs). For instance, if a 100-gallon diesel fuel tank is mounted on a pickup truck and used it to refuel equipment at a number of noncontiguous job sites, is this tank regulated by DOT's HMRs?

PHMSA has indicated in a number of interpretation letters that fuel systems that meet the requirements under 49 CFR 393.65 and 393.67 of the Federal Motor Carrier Safety Regulations (FMCSR) and are not used as packaging for hazardous materials are subject only to the FMCSR and not the HMRs.

This letter concerns a 150-gallon diesel fuel tank mounted on a trailer that provides fuel for a diesel engine pump also mounted on a trailer.

This interpretation letter responds to a query concerning the transportation of diesel fuel in an auxilaiary fuel tank on a pickup truck.

In this response letter, PHMSA discusses HMR applicability for LPG propane tanks used to refuel drying machines.

Keep in mind that if the fuel tank does not meet the requirements of 49 CFR 393.65 and 49 CFR 393.67, it is subject to HMR when transported in commerce.

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