Mr. Thomas L. Kettler — Hazardous Materials Safety Interpretation

Page 1OCT 20 2005 S. Departme Transportatic 400 Seventh Street, S.W. Washington, D.C. 20590 Hazardous Materials Safety Pipeline and Administration Mr. Thomas L. Kettler Ref. No.: 05-0242 Lake Tomahawk, WI 54539 6627 Northshore Drive Dear Mr. Kettler: This is in response to your September 26, 2005 letter and subsequent telephone conversation regarding the applicability of the Hazardous Materials Regulations (HMR; 19 CFR Parts In your detailed scenario, you have a 100-gallon tank for diesel fuel that is connected to your vehicle's (a pick-up truck) fuel tank. You want to mount an additional 100-gallon tank for gasoline to fuel your boat and all-terrain vehicles. You ask if you are subject to the requirements of the HMR. The answer is no. The HMR govern the safe transportation of hazardous materials in commerce as specified in § 171.1. The phrase "in commerce" generally means in furtherance of a commercial enterprise. A private citizen who transports hazardous materials for non-commercial purposes in a private vehicle is not subject to the HMR (See § 171.1 (d) (6); copy enclosed) . I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerel Hattie L. Mitchell Chief, Office of Hazardous Materials Standards Regulatory Review and Reinvention En. 'losure 171.1 HIll 050242#

Page 2Satterthwaite 177.834 n $ 173. 202 DEAR DiRECtOR of HAZ-MAt SAfEty, loading Unloading 05 SEP 26 PM 2: 12 05-0242 I have A 100 Bal. "auxiliney diesel futl tank in my 2000 F350 /Ton Ford Reg. Ant git bok W17.3 pawtesteakt. I would like to put a 100 gal. GesdinE ternsfeR"tank with a 12volt volt pump notle in the back of my truck bed also, to fuel my bant « ATUs, I was told that it wouldn't be legsl. I AM A TRUCK dRiVER + I hAVE A HAL-MAt Endorsment so t understand About the 119 burk a the 1001 1b. a oveR for placerds, I dont think Eithat one applys in my situntion because the DoBal diesel tank in the back of my pickup does not havE A 12 volt pump not does it have mything on the tank far taking the diesel. out. The "BukiliaRy" tank has & small hose that is connected to the have that gots to my stock tank. (I need this SiZE bEcAusE I drive 350 miles to Work in Chichgo, Ik 6-8 tink. a month.) I have been using 7 gas CAnS WhEn I tenilel thE sTus to legal teaits or refilling the bont, Refiling them mont then twice ormant. I thought sbout a teasite tank fol gas bECAuSE it' i much SAfER way of tearsporting, k SincE it is under 119BAl and under 1001 Mas. wouldhit it be legal? If this situstion is legal could I get a lethal stoting this. I have a teailers sometimes tow i with mything on it I havEto pull into the weigh sations r with a cok for my income I can't affed for anything to happen. On the back I will give you all the into you need, Thankyou very much. thomas later#

Page 3Thomas L. KEttlER L627 NoRthShORE ORiVE LAKE TOMAhAWK, LiE 54539 .. - ... Cell: + 608-695-8778 Pone # 115-277-3555 TRucK Info: 2000 F350 Ford Superduty 7.3 diesel 4X4 • -- .... ..... ... White Regulae lab 8 Foot box FuEl tank info: Have in truck now 100 BAI. AuxiliARy diESEl tank with 2" fuel up going to Stock 38 GAl diEsel tanK. - No wining, works by geavity. 100 BAl. BAsolinE tank (TRansfER) With 12 walt pumpe nozzle for pumping gas out. "Note this tank will be botted down but be Able to take out «stored when not nEEdEd wiring will only be clipped on battely when pumping goes.#