{"operation":"document","citation":"09-0060","title":"FuelTool, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-04-14","effective_on":null,"summary":"09-0060 response to FuelTool, LLC concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0060.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0060.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0060","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2009/090060.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave, S.E.\nWashington, D.C. 20590\nMr. Michael McAvey\nFuelTool, LLC\n175 Rock Rd\nGlen Rock, NJ 07452\nRef. No. 09-0060\nDear Mr. McAvey:\nThis responds to your March 13,2009 letter requesting clarification of the applicability of\nthe Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1 - 180). Specifically, you\nrequest wnfirmation that your fuel system is not regulated under the HMR.\nAccording to your letter, the FuelToolO system is intended for use as an aftermarket fuel\nsystem installed in a private motor vehicle to dispense fuel from the he1 tank of the\nmotor vehicle to other gasoline-powered motor vehicles and equipment (e.g., ATV,\nlawnmower). The FuelToolO system is not a storage container or reservoir for gasoline.\nWhen not in use, the FuelToolO system is stored in a plastic or metal housing that is\npermanently and securely installed in the motor vehicle. As part of normal conditions\nfollowing use, the system may retain some residual gasoline in a quantity of no more than\none to three ounces.\nYour understanding is correct. Based on the information your provided, the FuelToolO\nsystem is not subject to the requirements of the HMR. Transportation of a hazardous\nmaterial by an individual for non-commercial purposes in a private motor vehicle,\nincluding a leased or rented motor vehicle is not subject to the HMR (see $ 17 1.1 (d)).\nI hope this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nkCharles E. ~ e t t s\nChief, Standards Development\nffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\n\" Always Fresh, Always Avallable!\n3 171.1\nA-pp~icct bl'IlS\nMarch 16,2009 09-00 6 0\nOffice of Hazardous Material Standards\nPipeline and Hazardous Materials Safety Administration\nPHHIO\nUS Department of Transportation - East Building\n1200 NJ Avenue SE\nWashington, DC 20590-0001\nDear Dirk Der Kinderen:\nA short time ago during a conversation questioning whether a product we are\ndeveloping, called the FuelToolO system, would be considered as transporting hazardous\nmaterial (gasoline) in commerce and/or \"materials in trade\". After giving a clear\ndescription of the product, we received a verbal answer that, since it is not storage, a\ncontainer or a reservoir for gasoline, it would not be considered as transporting hazardous\nmaterial in commerce or material in trade and based on the above is not subject to the\nCFR 49 Parts 170-180 standards.\nThis letter is a request for a written interpretation confirming FuelToolO system is\nonce again not considered as transporting hazardous material in commerce and/or\nmaterials in trade. To further assist you in this interpretation, we have provided some\ndetails below:\nThe FuelToolO system is a permanently mounted system that is used to access\ngasoline from the host vehicle's factory installed gasoline tank and dispense it to\nother gasoline powered vehicles and equipment.\nThe gasoline that would be accessed and dispensed by the FuerroolO system\nwould be the same gasoline contained within the standard factory installed gasoline\ntank used to provide fuel to the vehicles engine. The FuelToolO system itself is not\na storage container or reservoir for a hazardous material or any substance.\nFuelTool .,,a 175 Rock Rd Glen Rock NJ 07452\n\n<<<PAGE 3>>>\n\nThe residual gasoline that could remain in the line leading from the vehicle's main\ngasoline line to the FuelToolO system (following use of the FuelToolO) would be\nno more then 1-3 fluid ounces.\nFuelToolO system would be stored, when not in use, in a lockable sturdy plastic or\nmetal housing which would be permanently and securely installed to the vehicle\nand the gasoline line connections would be equivalent to those used in the original\nvehicle's factory installed system.\nAttached, you will find a copies of letters from two divisions of the DOT, being\nNational Highway Traffic and Safety Administration (NHTSA) and Federal Motor\nCarrier Safety Administration (FMCSA), both acknowledging FuelToolO is not in\nviolation of any federal regulation or standard.\nAttached on the two pages marked as 1 and 2, you will find the drawings of the version\nthat we are preparing to produce. This version will take the place of the metal version on\n,the attachment marked as 3. Hopefully, this will give you a good understanding of the\nuse of the product.\nWe would appreciate your written confirmation of this interpretation. In summary, that our\nproduct is not considered as transporting hazardous materials in commerce or materials of\ntrade and is not subject to CFR 49 parts 170-180 regulations. We are preparing for the\nproduction stage now, so your earliest response will be greatly appreciated. For further\nassistance, I can be reached at any of the below:\nPhone - 201-358-0864 Fax - 201-652-4502 Email - jsmsws@aol.com\nThank you,\nC\nMichael McAvey\n\n<<<PAGE 4>>>\n\nhose wall is a double wall to provide\nstructural rigidity to mounting plate,\nhide hose valve hose assembly, and to\nretain hose coil position location\ndouble layerd/co extruded hose with conductive polymer\nwancal peshion - en\ndoubled thred ended bolt in this location\nfuel flow lever -hort ontal postion of\nprovides a grounding terminal\nporter lat\nprevent closing\nbed base and two self tapping sheet metalscrews to truck bed side wall\nnozzle hanger molded plastic and me cahnically fastened to mounting plate\nthis part allows a cantilevered nozzle lock\nregulator adjustment screw\nIntegral latch strike\ncustom nozzle\nraised web on\nmounting plate\nandalso on inside\namfered corner\ncommodates all\na fred corner\nof cover form ah\ninterferance latch\nwhich augments\ncurations\nlocking latch\n\n<<<PAGE 5>>>\n\nFuel-Tool\nanytime, anyplace\n& fransfws i& dEreetFy\nto gastlflne powered\nengines,\n13 PeHmnance:\nEnds pmr etrglne\nperformance due\nfrom octane break-\ndown 8 610gged fuel\nMnes from old\nunflltemd gas,\n\\ - SBfeky:\nEliminate bhe danger\nk of siphon£ng gas.\nReduce the Inhalatlsn\nof gas vapors.\nAvaIds gas contact to\nthe skin.\nr 4: Envlmnwnt:\nEliminate. gas spills 8\nevaporation from gats\ncan use.\n\\ U-FiIILLC 0 175 Rock Rd a Glen Rock NJ o 07452 1 Phone: 201-652-4500 0 Fax: 201-652-4502\ni","truncated":false,"body_characters":6224}