{"operation":"document","citation":"15-0192","title":"Mr. David Gobaud — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-12-14","effective_on":null,"summary":"15-0192 concerning 171.8, 173.150.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0192.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0192.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0192","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/150192.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWashington. DC\n1200 New Jersey Avenue SE\n20590\nPipeline and Hazardous\nAdministration\nMaterials Safety\nDEC 14.2015\nMr. David Gobaud\n1270 Ortiz Ct.\nSunnyvale, CA 94089\nRef. No.: 15-0192.\nDear Mr. Gobaud:\nThis responds to your September 17, 2015 email request for clarification of the definition of\na consumer commodity under the Hazardous Materials Regulations (HMR; 49 CFR Parts\n171-180). Specifically, you ask whether gasoline in a 110 gallon aluminum tank authorized\nby DOT SP 14227 meets the definition of consumer commodity. In your letter you note that\ngasoline meets the definition of a consumer commodity as defined by the HMR in § 171.8.\nGasoline transported in a 110 gallon tank would not meet the quantity limits specified for a\nlimited quantity or a consumer commodity. To be shipped as a consumer commodity, the\ngasoline must be packaged in accordance with the limited quantity provisions in § 173.150.\nGasoline is a flammable liquid of packing group II. As such, a limited quantity of gasoline is\nlimited to 1L (0.3 gallons) per inner packaging. The inner packaging must be packed in a\nstrong outer packaging and the completed package may not exceed 30 kg (66 Ibs) gross\nweight (see § 173.150(b)): The package described in your letter exceeds the quantity limits\nfor limited quantities and consumer commodities as described in § 173.150(b).\nI hope this answers your inquiry. If you need additional assistance, please contact the\nStandards and Rulemaking Division at (202) 366-8553.\nSincerely,\nBen Supko\nSenior Regulations Officer\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nreari\nGoodall, Shante CTR (PHMSA)\n171.80\nDesunties\nFrom:\nGeller, Shelby CTR (PHMSA)\n15 - 0192\nSent:\nTuesday, September 29, 2015 2:52 PM\nTo:\nHazmat Interps\nSubject:\nFW: Requesting Formal Letter of Interpretation\nDear Shante and Alice,\nI wanted to follow up on the below request as it does not look to be in the database.\nThanks,\nShelby\nFrom: Geller, Shelby CTR (PHMSA)\nSent: Thursday, September 17, 2015 1:29 PM\nTo: Hazmat Interps\nSubject: FW: Requesting Formal Letter of Interpretation\nDear Shante and Alice,\nForwarded is a request for a formal letter of interpretation. I spoke with Mr. Gobaud.\nThanks,\nShelby\nFrom: gobaudd7@gmail.com [mailto:gobaudd7@gmail.com] On Behalf Of David Gobaud\nSent: Thursday, September 17, 2015 5:21 AM\nTo: PHMSA HM InfoCenter\nSubject: Requesting Formal Letter of Interpretation\nHi,\nI recently called 1-800-467-4922 and talked to Shelby who confirmed that gasoline in a 110 gallon Aluminum\nTank Industries tank covered by DOT special permit 14227 is a \"consumer commodity\" under 49 CFR 171.8\n(https://www.law.cornell.edu/cfr/text/49/171.8). I then submitted an email last week requesting a formal letter\nof interpretation confirming this and Shelby called me back saying I should include some more information so I\nam resubmitting the request as follows:\nI am requesting a formal letter of interpretation confirming that gasoline in the 110 gallon Aluminum Tank\nIndustries tank covered by DOT special permit 14227 and sold by Amazon (http://www.amazon.com/FUEL-\nTRANSFER-TANK--Rectangle--Gallon/dp/B008EUB250/) is a \"consumer commodity\" under 49 CFR 171.8\nhttps://www.law.cornell.edu/cfr/text/49/171.8). Gasoline in the specified tank is a \"consumer commodity\"\nbecause: 1) an individual could buy 110 gallons of gasoline from a retail sales agency, 2) the gasoline could be\npackaged and distributed in the 110 gallon 14227 tank, and 3) gasoline is consumed by individuals for personal\ncare and household use. Therefore gasoline is \"a material that is packaged and distributed in a form intended or\nsuitable for sale through retail sales agencies or instrumentalities for consumption by individuals for purposes of\npersonal care or household use.\" Specifically, 1) gasoline is a material, 2) that could be packaged and\ndistributed in the 110 gallon 14227 tank and sold through a retail sales agency such as Amazon and thus is\nsuitable for such a sale, and 3) gasoline is consumed by individuals for personal care when used in a personal\n1\n\n<<<PAGE 3>>>\n\ncar and household use when used in a household lawnmower. For example, I could order 110 gallons of\ngasoline when gasoline prices are low, have it delivered to my home in the 110 gallon 14227 tank, and use the\ngasoline to refuel my car and lawnmower at home.\nMy address is 1270 Ortiz Ct., Sunnyvale, CA 94089 and my phone is (650) 353-1084. Will you please let me\nknow you have received this email and let me know how long it will take to get confirmation.\nThank you,\nDavid","truncated":false,"body_characters":4595}