Interpretation Response #11-0009 ([American Expedition Vehicles] [Mr. David Harriton])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: American Expedition Vehicles
Individual Name: Mr. David Harriton
Location State: MT Country: US
View the Interpretation Document
Response text:
February 18, 2011
Mr. David Harriton
American Expedition Vehicles
9693 Inspiration Drive
Missoula, MT 59808
Ref. No. 11-0009
Dear Mr. Harriton:
This responds to your January 5, 2011 email regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to a portable fuel container. According to your email, your company produces a jerrican with a 10.5 gallon capacity conforming to EPA requirements for portable fuel containers. You ask whether there is a limit to the amount of fuel (e.g., gasoline) an individual can transport in a personal vehicle in such a jerrican. You inquire further whether the 10.5 gallon capacity is okay with respect to DOT requirements and how DOT would classify the container.
Transportation of a hazardous material (e.g., gasoline) by an individual for non-commercial purposes in a private motor vehicle, including a leased or rented motor vehicle is an activity that is not subject to regulation under the HMR (see § 171.1(d)). Additionally, we neither classify portable fuel containers for their end use by individual consumers nor do the packaging standards (e.g., capacity) of the HMR apply to portable fuel containers used in the activity stated in § 171.1(d). However, manufacture of portable fuel containers intended for use by individuals for personal consumption may be regulated by other government agencies. We suggest consulting the Consumer Product Safety Commission (CPSC) at www.cpsc.gov as well as State fire marshals for possible restrictions on portable fuel containers. You may also consider contacting the Portable Fuel Container Manufacturer"s Association at http://www.pfcma.com/ for guidance.
I hope this information is helpful. If you have further questions, please contact this office.
Sincerely,
Ben Supko
Acting Chief, Standards Development Branch
Standards and Rulemaking Division
171.1