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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #05-0194 ([Mr. Allan McCallum])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name:

Individual Name: Mr. Allan McCallum

Location State: NJ Country: US

View the Interpretation Document

Response text:

Oct 12, 2005


Mr. Allan McCallum                   Reference No. 05-0194
232 23rd Ave
Seaside Park, N.J. 08752

Dear Mr. McCallum:

This responds to your letter of August 4, 2005, and subsequent telephone conversation with a member of my staff regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether your 27-gallon gasoline transfer tank, which is used for refueling your boat, is subject to the requirements of the HMR when owned by private individuals.

As specified in § 171.1, the HMR govern the safe transportation of hazardous materials; in intrastate, interstate and foreign commerce. “In commerce” excludes from regulation the transportation of hazardous materials in a private vehicle where the material is for personal use. Thus, in the situation you describe in your letter, your gasoline transfer tank used for refueling your boat is not subject to the requirements of the HMR.

I hope this information is helpful. Please contact us if you require additional assistance



John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions