FuelTool, LLC — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave, S.E. Washington, D.C. 20590 Mr. Michael McAvey FuelTool, LLC 175 Rock Rd Glen Rock, NJ 07452 Ref. No. 09-0060 Dear Mr. McAvey: This responds to your March 13,2009 letter requesting clarification of the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1 - 180). Specifically, you request wnfirmation that your fuel system is not regulated under the HMR. According to your letter, the FuelToolO system is intended for use as an aftermarket fuel system installed in a private motor vehicle to dispense fuel from the he1 tank of the motor vehicle to other gasoline-powered motor vehicles and equipment (e.g., ATV, lawnmower). The FuelToolO system is not a storage container or reservoir for gasoline. When not in use, the FuelToolO system is stored in a plastic or metal housing that is permanently and securely installed in the motor vehicle. As part of normal conditions following use, the system may retain some residual gasoline in a quantity of no more than one to three ounces. Your understanding is correct. Based on the information your provided, the FuelToolO system is not subject to the requirements of the HMR. Transportation of a hazardous material by an individual for non-commercial purposes in a private motor vehicle, including a leased or rented motor vehicle is not subject to the HMR (see $ 17 1.1 (d)). I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. kCharles E. ~ e t t s Chief, Standards Development ffice of Hazardous Materials Standards#

Page 2" Always Fresh, Always Avallable! 3 171.1 A-pp~icct bl'IlS March 16,2009 09-00 6 0 Office of Hazardous Material Standards Pipeline and Hazardous Materials Safety Administration PHHIO US Department of Transportation - East Building 1200 NJ Avenue SE Washington, DC 20590-0001 Dear Dirk Der Kinderen: A short time ago during a conversation questioning whether a product we are developing, called the FuelToolO system, would be considered as transporting hazardous material (gasoline) in commerce and/or "materials in trade". After giving a clear description of the product, we received a verbal answer that, since it is not storage, a container or a reservoir for gasoline, it would not be considered as transporting hazardous material in commerce or material in trade and based on the above is not subject to the CFR 49 Parts 170-180 standards. This letter is a request for a written interpretation confirming FuelToolO system is once again not considered as transporting hazardous material in commerce and/or materials in trade. To further assist you in this interpretation, we have provided some details below: The FuelToolO system is a permanently mounted system that is used to access gasoline from the host vehicle's factory installed gasoline tank and dispense it to other gasoline powered vehicles and equipment. The gasoline that would be accessed and dispensed by the FuerroolO system would be the same gasoline contained within the standard factory installed gasoline tank used to provide fuel to the vehicles engine. The FuelToolO system itself is not a storage container or reservoir for a hazardous material or any substance. FuelTool .,,a 175 Rock Rd Glen Rock NJ 07452#

Page 3The residual gasoline that could remain in the line leading from the vehicle's main gasoline line to the FuelToolO system (following use of the FuelToolO) would be no more then 1-3 fluid ounces. FuelToolO system would be stored, when not in use, in a lockable sturdy plastic or metal housing which would be permanently and securely installed to the vehicle and the gasoline line connections would be equivalent to those used in the original vehicle's factory installed system. Attached, you will find a copies of letters from two divisions of the DOT, being National Highway Traffic and Safety Administration (NHTSA) and Federal Motor Carrier Safety Administration (FMCSA), both acknowledging FuelToolO is not in violation of any federal regulation or standard. Attached on the two pages marked as 1 and 2, you will find the drawings of the version that we are preparing to produce. This version will take the place of the metal version on ,the attachment marked as 3. Hopefully, this will give you a good understanding of the use of the product. We would appreciate your written confirmation of this interpretation. In summary, that our product is not considered as transporting hazardous materials in commerce or materials of trade and is not subject to CFR 49 parts 170-180 regulations. We are preparing for the production stage now, so your earliest response will be greatly appreciated. For further assistance, I can be reached at any of the below: Phone - 201-358-0864 Fax - 201-652-4502 Email - jsmsws@aol.com Thank you, C Michael McAvey#

Page 4hose wall is a double wall to provide structural rigidity to mounting plate, hide hose valve hose assembly, and to retain hose coil position location double layerd/co extruded hose with conductive polymer wancal peshion - en doubled thred ended bolt in this location fuel flow lever -hort ontal postion of provides a grounding terminal porter lat prevent closing bed base and two self tapping sheet metalscrews to truck bed side wall nozzle hanger molded plastic and me cahnically fastened to mounting plate this part allows a cantilevered nozzle lock regulator adjustment screw Integral latch strike custom nozzle raised web on mounting plate andalso on inside amfered corner commodates all a fred corner of cover form ah interferance latch which augments curations locking latch#

Page 5Fuel-Tool anytime, anyplace & fransfws i& dEreetFy to gastlflne powered engines, 13 PeHmnance: Ends pmr etrglne performance due from octane break- down 8 610gged fuel Mnes from old unflltemd gas, \ - SBfeky: Eliminate bhe danger k of siphon£ng gas. Reduce the Inhalatlsn of gas vapors. AvaIds gas contact to the skin. r 4: Envlmnwnt: Eliminate. gas spills 8 evaporation from gats can use. \ U-FiIILLC 0 175 Rock Rd a Glen Rock NJ o 07452 1 Phone: 201-652-4500 0 Fax: 201-652-4502 i#