# Mr. Allan McCallum — Hazardous Materials Safety Interpretation

- **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:** Not available
- **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>>>

U.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

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AUG-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
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