{"operation":"document","citation":"05-0194","title":"Mr. Allan McCallum — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-10-12","effective_on":null,"summary":"05-0194 concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0194.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0194.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0194","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050194.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nPipeline and\nAdministration\nHazardous Materials Safety\nOCT 12 2005\n232 23d Ave\nMr. Allan McCallum\n:\nRef. No: 05-0194\nSeaside Park, N.J. 08752\nDear Mr. McCallum:\nThis responds to your letter of August 4, 2005, and subsequent telephone conversation with a\nmember of my staff regarding the applicability of the Hazardous Materials Regulations (HMR;\n49 CFR Parts 171-180). Specifically, you ask whether your 27-gallon gasoline transfer tank,\nwhich is used for refueling your boat, is subject to the requirements of the HMR when owned by\nprivate individuals.\nintrastate, interstate and foreign commerce.\nAs specified in § 171.1, the HMR govern the safe transportation of hazardous materials in\n\"In commerce\" excludes from regulation the\ntransportation of hazardous materials in a private vehicle where the material is for personal use.\nThus, in the situation you describe in your letter, your gasoline transfer tank used for refueling\nyour boat is not subject to the requirements of the HMR.\nI hope this information is helpful. Please contact us if you require additional assistance:\nSincerely,\nOffice of Hazardous Materials Standards\nChief, Standards Development\n171.1\n050194\n\n<<<PAGE 2>>>\n\nAUG-84-85 THU 81:41 ALLAN MCCALLUM\n1+732+830+8992\nP. 01\nHi, 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\nadvised I need a fuel transportation certificate to operate my gravity feed tank. If this is true why do they sell them? Can\nyou please advise on this. Also please advise on the use of aluminum fuel tanks with 12 volt pumps. Thank you, Al.\nI 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\nDOT interp 100-185 a letter dated Oct 19,1998 ref No:98-0244 where the transportation of fuel and propane gas are the\nquestion 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\nrules when done for personal use and no certifications are needed. I would like a print out of this advise from you.\n232 23rd ave\nAllan MoCallum\n08752\nSeaside Park NJ\nFax 732-793-4859\n732-232-1949\nReterford\n8171.1\nApplicability\n05-0194\nATT: DOT\nFrom: Allnn MUallum\nRef: Fuel Transfer Question\nPlease Rerpend, That\n202-366-3012","truncated":false,"body_characters":2393}