{"operation":"document","citation":"08-0188","title":"North Bay Enterprises, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-08-18","effective_on":null,"summary":"08-0188 response to North Bay Enterprises, Inc. concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0188.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0188.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0188","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080188.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Ave , S E\nWash~nglon, DC 20590\nAUG 1 8 2008\nMr. Achim K. Gartmann\nNorth Bay Enterprises, Inc.\n5400 Occidental Road\nSanta Rosa, California 95401\nRef. No. 08-01 88\nRef. No. 08-0 188\nDear Mr. Gartmann:\nThis responds to your July 7,2008 letter requesting clarification of the applicability of\nthe Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1-1 80) to non-commercial\nshipments. Specifically, you ask whether the HMR apply to aviation fuel transported on a\ntow dolly trailer and used to fuel your privately owned helicopter. You state that the\nhelicopter is used for personal transportation only.\nThe answer is no. The HMR do not apply to hazardous materials transported by an\nindividual for non-commercial purposes in a private motor vehicle. See\n49 CFR 171.l(d)(6).\nI hope this answers your inquiry.\nSincerely,\n&A'\nSusan Gorsky\nActing Chief, Standards ~ e v e l o ~ m e n t\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nNorth Bay Enterprises, Inc.\n5400 Occidental Road\nSanta Rosa, CA 95401\nJuly 7, 2008\nOffice of Hazardous Materials Standards, PHMSA\nAttention: PHH- 10, USDOT East Building\nUS Department of Transportation\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nRe: \"EZE-TOW' Tow Dolly\nDear SirIMadam:\nI am attaching the letter I sent to my credit card company seeking a refbnd for the\npurchase of a fbel trailer, which fblly explains the predicament I have, after purchasing the above\nnamed trailer to transport aviation fbel to my personal residence for use in my private owned\nhelicopter. I am also attaching the response I received from DOT seeking their position. They\nreferred me to your address. I am seeking a formal interepretation of the legality of using this\ntrailer for the specified usuage.\nI can be reached at 707-478-7912 with any questions you may have. Thank you for your\nassistance in this matter.\nkchim K. Gartmann\nPresident\n\n<<<PAGE 3>>>\n\n5400 Occidental Road\nSanta Rosa, CA 95401\nMay 1,2008\nGregory Cooper, Financial Service Advisor\nBusiness Card Services\nPO Box 15299\nWilmington, DE 19850-5299\nRe: Account # 42463 15 143361838\nCase ID # 890605 16\nDear Mr. Cooper:\nI am attaching a copy of the solicitation I received in the mail regarding the DOT approved for\nnationwide use, EZE-GAS Refueling Trailer. I researched the product on their website then called the\nmerchant and spoke with Richard Brown, who identified himself as the owner. He reiterated that the\ntrailer was fully approved to transport aviation and other gasoline. I ordered the trailer that day on the\nphone and was told it would take about 6 weeks for delivery.\nUpon arrival of the trailer, I paid just under $300 to unload, uncrate and assemble the trailer and\ndispose of the packing material. As instructed, I contacted Mr Brown for the needed registration number\nfor my company to complete the mandatory Hazardous Materials registration application, at a cost of\n$575.\nBefore using the trailer, I wanted to ascertain that the trailer was compliant with all rules and\nregulations governing the transportation of hazardous materials because any breach of those rules can\nrange in penalties fiom misdemeanors to felonies. In an effort to do so, I contacted both California\nHighway Patrol, Motor Safety Unit, (Golden Gate Division) and 4 different departments within the\nDOT. Each of these 5 contacts cited numerous paragraphs within the CF%, Part 49, governing\ntransportation of hazardous materials, which put us in violation. Most notable is the absence of a\nplacard citing DOT approval.\nOn April 28,2008. I contacted Mr. Brown to substantiate his claims of DOT approval.\nMr. Brown was unable to provide any verification or documentation, and stated his dismay that I\nhad contacted the highway patrol. He said that the only suggestion he had for me was to sell the\ntrailer. I asked for a full refund of the trailer and incurred expenses. Mr. Brown said that he\nwould not pay for my out of pocket expenses, but that I would also have to pay for return\nshipping of approximately $1,500 along with a restocking fee.\n\n<<<PAGE 4>>>\n\nGregory Cooper, Financial Service Advisor\nBusiness Card Services\nMay 1,2008\nPage Two\nThis product is not DOT approved, despite the advertising. It is not legal to drive on\nCalifornia highways, and as such, I am completely unable to use it. I am seeking reimbursement\nfor my out of pocket costs fiom the merchant, as well ds prepayment of shipping costs to return\nthe merchandise. This product was completely misrepr{sented and caused me to spend a great\ndeal of time and money needlessly. Please advise what krther information you need to resolve\nthis dispute with the merchant.\nSihcerely,\n\n<<<PAGE 5>>>\n\n1200 New Jersey Avenue, S.E.\nU.S. Department Zone E26 (PHC-10)\nof Transportation Washington, D.C. 20590-0001\nPhone: (202) 366-4400\nPipeline and Hazardous Office of Fax: [202) 366-7041\nMaterials Safety Administration Chief Counsel\nHazaxdous Materias Safety\nLaw D&EsIon\n&d Kim Gartmann June 30,2008\n5400 Occidental Road\nSanta Rosa, California 95401\nDear Mr. Gartmann:\nI am writing in reply to the question you had posed on May 29,2008, regarding\nthe Ultralight \"EZE-TOW tow dolly which is produced by Acme Trailer, Kernersville,\nNorth Carolina.\nSpecifically, you were inquiring whether the Hazardous Materials Regulations\n(HMR), 49 C.F.R. Parts 100 to 185 regulate this type of trailer.\nAs background, you stated that you purchased this trailer to transport aviation fuel\nfrom a station to your residence to fly your privately owned helicopter. Your helicopter\nis not used for business. The trailer has a 390 gallon capacity. Furthermore, you\nprovided the website www.acmetrailer.biz to view the trailer in question.\nAfter showing the pictures of the trailer with the head of the standards division\nand discussing this matter, the HMR do not apply to a non-commercial trailer. The\nFederal Motor Carriers Safety Administration (FMCSA) may have a safety interest in this\ntrailer, but that is outside of our jurisdiction. Their website is: htt~://www.fmcsa.dot.g;ov.\nYou may feel free to write a letter to the Office of Hazardous Materials Standards\nto obtain a formal interpretation. The address is:\nOffice of Hazardous Materials Standards, PHMSA\nAttn: PHH-10, USDOT East Building\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nI hope that you have found this information helpful.","truncated":false,"body_characters":6445}