# Exceptions for non-specification packagings used in intrastate transportation.

**Citation:** 49 CFR 173.8  
**Type / status:** regulation / current  
**Agency:** Pipeline and Hazardous Materials Safety Administration  
**Effective:** 2026-08-18  
**Published:** Not stated

(a) [Reserved]

(b) Non-specification cargo tanks for petroleum products. Notwithstanding requirements for specification packagings in subpart F of this part and parts 178 and 180 of this subchapter, a non-specification cargo tank motor vehicle having a capacity of less than 13,250 L (3,500 gallons)

## Document text

(a) [Reserved]

(b) Non-specification cargo tanks for petroleum products. Notwithstanding requirements for specification packagings in subpart F of this part and parts 178 and 180 of this subchapter, a non-specification cargo tank motor vehicle having a capacity of less than 13,250 L (3,500 gallons) may be used by an intrastate motor carrier for transportation of a flammable liquid petroleum product in accordance with the provisions of paragraph (d) of this section.

(c) Permanently secured non-bulk tanks for petroleum products. Notwithstanding requirements for specification packagings in subpart F of this part 173 and parts 178 and 180 of this subchapter, a non-specification metal tank permanently secured to a transport vehicle and protected against leakage or damage in the event of a turnover, having a capacity of less than 450 L (119 gallons), may be used by an intrastate motor carrier for transportation of a flammable liquid petroleum product in accordance with the provisions of paragraph (d) of this section.

(d) Additional requirements. A packaging used under the provisions of paragraphs (a), (b) or (c) of this section must—

(1) Be operated by an intrastate motor carrier and in use as a packaging for hazardous material before October 1, 1998;

(2) Be operated in conformance with the requirements of the State in which it is authorized;

(3) Be specifically authorized by a State statute or regulation in effect before October 1, 1998, for use as a packaging for the hazardous material being transported;

(4) Be offered for transportation and transported in conformance with all other applicable requirements of this subchapter;

(5) Not be used to transport a flammable cryogenic liquid, hazardous substance, hazardous waste, or a marine pollutant (except for gasoline); and

(6) For a tank authorized under paragraph (b) or (c) of this section, conform to all requirements in part 180 (except for § 180.405(g)) of this subchapter in the same manner as required for a DOT specification MC 306 cargo tank motor vehicle.

[Amdt. 173-259, 62 FR 1216, Jan. 8, 1997, as amended by Amdt. 172-262, 62 FR 49567, Sept. 22, 1997; Amdt. 173-259, 63 FR 8142, Feb. 18, 1998; 66 FR 45380, Aug. 28, 2001; 76 FR 56315, Sept. 13, 2011; 80 FR 72924, Nov. 23, 2015]

## Provenance

- Official: Yes
- Source: <https://www.ecfr.gov/on/2026-08-18/title-49/section-173.8>
- Source ID: `ecfr`
- SHA-256: `b48c6c56554abfaccdbbbd03db0df68d4e1fc3caf75e8ac7b4d9562703a1e6e6`
- Retrieved: 2026-08-20T05:46:04.092Z
- Exported: 2026-08-22T10:51:32.461Z
- Document slug: `49-cfr-173-8`

### Source metadata

```json
{
  "cfrTitle": 49,
  "part": "173",
  "section": "173.8",
  "subpart": "Subpart A—General",
  "corpusVersion": "2026-08-18",
  "jurisdiction": "US"
}
```