Mr. Allan McCallum — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh Street, S.W. Washington, D.C. 20590 Pipeline and Administration Hazardous Materials Safety OCT 12 2005 232 23d Ave Mr. Allan McCallum : Ref. No: 05-0194 Seaside Park, N.J. 08752 Dear Mr. McCallum: This responds to your letter of August 4, 2005, and subsequent telephone conversation with a member of my staff regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether your 27-gallon gasoline transfer tank, which is used for refueling your boat, is subject to the requirements of the HMR when owned by private individuals. intrastate, interstate and foreign commerce. As specified in § 171.1, the HMR govern the safe transportation of hazardous materials in "In commerce" excludes from regulation the transportation of hazardous materials in a private vehicle where the material is for personal use. Thus, in the situation you describe in your letter, your gasoline transfer tank used for refueling your boat is not subject to the requirements of the HMR. I hope this information is helpful. Please contact us if you require additional assistance: Sincerely, Office of Hazardous Materials Standards Chief, Standards Development 171.1 050194#

Page 2AUG-84-85 THU 81:41 ALLAN MCCALLUM 1+732+830+8992 P. 01 Hi, I have a 27gal gasoline transfer tank I have been using for 5 years to put gas in my boat and just recently I have been advised I need a fuel transportation certificate to operate my gravity feed tank. If this is true why do they sell them? Can you please advise on this. Also please advise on the use of aluminum fuel tanks with 12 volt pumps. Thank you, Al. I recieve a call from Dirk at HAZMAT and was advised to fax you a copy of my letter and also he gave me an answer to my DOT interp 100-185 a letter dated Oct 19,1998 ref No:98-0244 where the transportation of fuel and propane gas are the question I then asked if I could have it in writing then he direrted me to this far His renly cited the HAZMAT miles and reos rules when done for personal use and no certifications are needed. I would like a print out of this advise from you. 232 23rd ave Allan MoCallum 08752 Seaside Park NJ Fax 732-793-4859 732-232-1949 Reterford 8171.1 Applicability 05-0194 ATT: DOT From: Allnn MUallum Ref: Fuel Transfer Question Please Rerpend, That 202-366-3012#