North Bay Enterprises, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave , S E Wash~nglon, DC 20590 AUG 1 8 2008 Mr. Achim K. Gartmann North Bay Enterprises, Inc. 5400 Occidental Road Santa Rosa, California 95401 Ref. No. 08-01 88 Ref. No. 08-0 188 Dear Mr. Gartmann: This responds to your July 7,2008 letter requesting clarification of the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1-1 80) to non-commercial shipments. Specifically, you ask whether the HMR apply to aviation fuel transported on a tow dolly trailer and used to fuel your privately owned helicopter. You state that the helicopter is used for personal transportation only. The answer is no. The HMR do not apply to hazardous materials transported by an individual for non-commercial purposes in a private motor vehicle. See 49 CFR 171.l(d)(6). I hope this answers your inquiry. Sincerely, &A' Susan Gorsky Acting Chief, Standards ~ e v e l o ~ m e n t Office of Hazardous Materials Standards#

Page 2North Bay Enterprises, Inc. 5400 Occidental Road Santa Rosa, CA 95401 July 7, 2008 Office of Hazardous Materials Standards, PHMSA Attention: PHH- 10, USDOT East Building US Department of Transportation 1200 New Jersey Avenue, SE Washington, DC 20590 Re: "EZE-TOW' Tow Dolly Dear SirIMadam: I am attaching the letter I sent to my credit card company seeking a refbnd for the purchase of a fbel trailer, which fblly explains the predicament I have, after purchasing the above named trailer to transport aviation fbel to my personal residence for use in my private owned helicopter. I am also attaching the response I received from DOT seeking their position. They referred me to your address. I am seeking a formal interepretation of the legality of using this trailer for the specified usuage. I can be reached at 707-478-7912 with any questions you may have. Thank you for your assistance in this matter. kchim K. Gartmann President#

Page 35400 Occidental Road Santa Rosa, CA 95401 May 1,2008 Gregory Cooper, Financial Service Advisor Business Card Services PO Box 15299 Wilmington, DE 19850-5299 Re: Account # 42463 15 143361838 Case ID # 890605 16 Dear Mr. Cooper: I am attaching a copy of the solicitation I received in the mail regarding the DOT approved for nationwide use, EZE-GAS Refueling Trailer. I researched the product on their website then called the merchant and spoke with Richard Brown, who identified himself as the owner. He reiterated that the trailer was fully approved to transport aviation and other gasoline. I ordered the trailer that day on the phone and was told it would take about 6 weeks for delivery. Upon arrival of the trailer, I paid just under $300 to unload, uncrate and assemble the trailer and dispose of the packing material. As instructed, I contacted Mr Brown for the needed registration number for my company to complete the mandatory Hazardous Materials registration application, at a cost of $575. Before using the trailer, I wanted to ascertain that the trailer was compliant with all rules and regulations governing the transportation of hazardous materials because any breach of those rules can range in penalties fiom misdemeanors to felonies. In an effort to do so, I contacted both California Highway Patrol, Motor Safety Unit, (Golden Gate Division) and 4 different departments within the DOT. Each of these 5 contacts cited numerous paragraphs within the CF%, Part 49, governing transportation of hazardous materials, which put us in violation. Most notable is the absence of a placard citing DOT approval. On April 28,2008. I contacted Mr. Brown to substantiate his claims of DOT approval. Mr. Brown was unable to provide any verification or documentation, and stated his dismay that I had contacted the highway patrol. He said that the only suggestion he had for me was to sell the trailer. I asked for a full refund of the trailer and incurred expenses. Mr. Brown said that he would not pay for my out of pocket expenses, but that I would also have to pay for return shipping of approximately $1,500 along with a restocking fee.#

Page 4Gregory Cooper, Financial Service Advisor Business Card Services May 1,2008 Page Two This product is not DOT approved, despite the advertising. It is not legal to drive on California highways, and as such, I am completely unable to use it. I am seeking reimbursement for my out of pocket costs fiom the merchant, as well ds prepayment of shipping costs to return the merchandise. This product was completely misrepr{sented and caused me to spend a great deal of time and money needlessly. Please advise what krther information you need to resolve this dispute with the merchant. Sihcerely,#

Page 51200 New Jersey Avenue, S.E. U.S. Department Zone E26 (PHC-10) of Transportation Washington, D.C. 20590-0001 Phone: (202) 366-4400 Pipeline and Hazardous Office of Fax: [202) 366-7041 Materials Safety Administration Chief Counsel Hazaxdous Materias Safety Law D&EsIon &d Kim Gartmann June 30,2008 5400 Occidental Road Santa Rosa, California 95401 Dear Mr. Gartmann: I am writing in reply to the question you had posed on May 29,2008, regarding the Ultralight "EZE-TOW tow dolly which is produced by Acme Trailer, Kernersville, North Carolina. Specifically, you were inquiring whether the Hazardous Materials Regulations (HMR), 49 C.F.R. Parts 100 to 185 regulate this type of trailer. As background, you stated that you purchased this trailer to transport aviation fuel from a station to your residence to fly your privately owned helicopter. Your helicopter is not used for business. The trailer has a 390 gallon capacity. Furthermore, you provided the website www.acmetrailer.biz to view the trailer in question. After showing the pictures of the trailer with the head of the standards division and discussing this matter, the HMR do not apply to a non-commercial trailer. The Federal Motor Carriers Safety Administration (FMCSA) may have a safety interest in this trailer, but that is outside of our jurisdiction. Their website is: htt~://www.fmcsa.dot.g;ov. You may feel free to write a letter to the Office of Hazardous Materials Standards to obtain a formal interpretation. The address is: Office of Hazardous Materials Standards, PHMSA Attn: PHH-10, USDOT East Building 1200 New Jersey Avenue, SE Washington, D.C. 20590 I hope that you have found this information helpful.#