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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 #05-0242 ([Mr. Thomas L. Kettler])

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. Thomas L. Kettler

Location State: WI Country: US

View the Interpretation Document

Response text:

Oct 20, 2005

 

Mr. Thomas L. Kettler                        Reference No. 05-0242
6627 Northshore Drive
Lake Tomahawk, WI 54539

Dear Mr. Kettler:

This is in response to your September 26, 2005 letter and subsequent telephone conversation regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In your detailed scenario, you have a 100-gallon tank for diesel fuel that is connected to your vehicle’s (a pick-up truck) fuel tank. You want to mount an additional 100-gallon tank for gasoline to fuel your boat and all-terrain vehicles. You ask if you are subject to the requirements of the HMR.

The answer is no. The HMR govern the safe transportation of hazardous materials in commerce as specified in § 171.1. The phrase “in commerce” generally means in furtherance of a commercial enterprise. A private citizen who transports hazardous materials for non-commercial purposes in a private vehicle is not subject to the HMR (See § 171.1 (d) (6); copy enclosed)

I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.

Sincerely,

 

Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
Enclosure

171.1

Regulation Sections

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