{"operation":"document","citation":"11-0009","title":"American Expedition Vehicles — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-02-18","effective_on":null,"summary":"11-0009 response to American Expedition Vehicles concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0009.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0009.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0009","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110009.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration\n1200 New Jersey Ave. SE\nWashington. D.C. 20590\nFEB 1 8 2011\nMr. David Harriton\nAmerican Expedition Vehicles\n9693 Inspiration Drive\nMissoula, MT 59BOB\nRef. No. 11-0009\nDear Mr. Harriton:\nThis responds to your January 5, 2011 email regarding the applicability of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-1BO) to a portable fuel container. According to\nyour email, your company produces a jerrican with a 10.5 gallon capacity conforming to EPA\nrequirements for portable fuel containers. You ask whether there is a limit to the amount of fuel\n(e.g., gasoline) an individual can transport in a personal vehicle in such a jerrican. You inquire\nfurther whether the 10.5 gallon capacity is okay with respect to DOT requirements and how DOT\nwould classify the container.\nTransportation of a hazardous material (e.g., gasoline) by an individual for non-commercial\npurposes in a private motor vehicle, including a leased or rented motor vehicle is an activity that\nis not subject to regulation under the HMR (see § 171.1(d)). Additionally, we neither classify\nportable fuel containers for their end use by individual consumers nor do the packaging standards\n(e.g., capacity) of the HMR apply to portable fuel containers used in the activity stated in\n§ 171.1(d). However, manufacture of portable fuel containers intended for use by individuals for\npersonal consumption may be regulated by other government agencies. We suggest consulting\nthe Consumer Product Safety Commission (CPSC) at www.cpsc.gov as well as State fire\nmarshals for possible restrictions on portable fuel containers. You may also consider contacting\nthe Portable Fuel Container Manufacturer's Association at http://www.pfcma.com/for guidance.\nI hope this information is helpful. If you have further questions, please contact this office.\nSincerely,\nB~S~\nBen Supko\nActing Chief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nSupko, Ben (PHMSA)\nFrom: Dave Harriton [Dave@aev-conversions.com]\nSent: Wednesday, January 05, 2011 11 :52 AM\nTo: Supko, Ben (PHMSA)\nSubject: Re: Follow Up\nHi Ben,\nI am following up on an email you were copied on by Bruce York at DOT (below). I'm trying to\nfind out if there is a limit to the amount of fuel a private passenger vehicle can carry in a\nJerry can. My company is looking to produce a very specialized aftermarket Jerry can, we\nalready have EPA/CARB approval, but are looking to confirm with DOT that our capacity of 10.5\ngallons will be OK. As stated here (towards the\nend) a Jerry can can be up to 16 gallons :\nhttp://frwebgate.access.gpo.gov/cgi-bin/getcfr.cgi?TITLE=49&PART=178&SECTION=509&YEAR=1999&TYPE=PDF\nI'm looking to confirm that this is OK.\nAlso, it seems that some states have a fire marshal that rules that portable fuel containers\ncan only be 5 gallons, ours is classified as a fuel caddy not a portable fuel container by\nthe EPA and CARB, what would DOT classify this as and would it be OK to refuel the container\nat a gas station?\nDavid Harriton\nAmerican Expedition Vehicles\n9693 Inspiration Drive\nMissoula, MT 59808\n406-251-2100 x 101\ndave@aev-conversions.com\nOn 12/14/2010 11:39 AM, Bruce.York@dot.gov wrote:\n> Dave,\n>\n> Looks like you hit the nail on the head. You would want to speak with Ben Supko about this\nstandard. Ben should be able to point you in the right direction. Ben's number is (202)\n366-0374.\n>\n> Good luck with you product.\n>\n> Thank You,\n> Bruce York\n>\n> U.S. Department Of Transportation\n> National Highway Traffic Safety Admin.\n> Office of Defects Investigation\n> 1200 New Jersey Avenue, SE\n> Washington, D.C. 20590\n> Room W46-322\n>\n> (202) 366-6938\n> (877) 536-8368 Ext. 66938\n1\n\n<<<PAGE 3>>>\n\n> bruce.york@dot.gov\n>\n> Report Vehicle Safety Defects!\n>\n> www.safercar.gov\n>\n>\n> -----Original Message---->\nFrom: Dave Harriton [mailto:Dave@aev-conversions.com]\n> Sent: Tuesday, December 14, 2e1e 1:17 PM\n> To: York, Bruce (NHTSA)\n> Subject: Re: Follow Up\n>\n> Hi Bruce,\n>\n> I found this on the internet and thought that it might help you figure\n> out someone who could verify for me;\n>\n> http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=49&PART=178&\n> SECTION=Se9&YEAR=1999&TYPE=PDF\n>\n> Towards the end it states that a Jerry Can can be up to 16 gallons ...\n>\n> Thanks,\n>\n> David Harriton\n> American Expedition Vehicles\n> 9693 Inspiration Drive\n> Missoula, MT S98e8\n> 4e6-2S1-21ee x 1e1\n> dave@aev-conversions.com\n>\n>\n> On 12/13/2e1e 12:1e PM, Bruce.York@dot.gov wrote:\n» David,\n»\n» I apologize. I have not had a chance to ask around. I will try and do that tomorrow.\n»\n» Thank You,\n» Bruce York\n»\n» U.S. Department Of Transportation\n» National Highway Traffic Safety Admin.\n» Office of Defects Investigation\n» 12ee New Jersey Avenue, SE\n» Washington, D.C. 2eSge\n» Room W46-322\n»\n» (2e2) 366-6938\n» (877) S36-8368 Ext. 66938\n» bruce.york@dot.gov\n»\n» Report Vehicle Safety Defects!\n»\n» www.safercar.gov\n»\n»\n2\n\n<<<PAGE 4>>>\n\n» -----Original Message----»\nFrom: Dave Harriton [mailto:Dave@aev-conversions.com]\n» Sent: Friday, December 1a, 2a1a 1:49 PM\n» To: York, Bruce (NHTSA)\n» Subject: Follow Up\n»\n» Hey Bruce,\n»\n» Any luck finding out who would be the person responsible at DOT who\n» could tell me about non-commercial fuel carrying requirements?\n» Again, we're trying to find out if its legal for an individual to\n» carry la.1 gallons of gas in seperate tank that is not hooked up to\n» an engine, similar to the tanks found in the trailers marketed as \"Toy Haulers\"\n» that are intended to carry and refuel ATV's and the like.\n»\n» Thanks,\n»\n3","truncated":false,"body_characters":5635}