Interpretation Response #09-0060 ([FuelTool, LLC] [Mr. Michael McAvey])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: FuelTool, LLC
Individual Name: Mr. Michael McAvey
Location State: NJ Country: US
View the Interpretation Document
Response text:
April 14, 2009
Mr. Michael McAvey
FuelTool, LLC
175 Rock Rd
Glen Rock, NJ 07452
Ref. No. 09-0060
Dear Mr.McAvery:
This responds to your March 13, 2009 letter requesting clarification of the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you request confirmation that your fuel system is not regulated under the HMR.
According to your letter, the FuelTool© system is intended for use as an aftermarket fuel system installed in a private motor vehicle to dispense fuel from the fuel tank of the motor vehicle to other gasoline-powered motor vehicles and equipment (e.g., ATV, lawnmower). The FuelTool© system is not a storage container or reservoir for gasoline. When not in use, the FuelTool© system is stored in a plastic or metal housing that is permanently and securely installed in the motor vehicle. As part of normal conditions following use, the system may retain some residual gasoline in a quantity of no more than one to three ounces.
Your understanding is correct. Based on the information your provided, the FuelTool© system is not subject to the requirements of the HMR. Transportation of a hazardous material by an individual for non-commercial purposes in a private motor vehicle, including a leased or rented motor vehicle is not subject to the HMR (see § 171.1(d)).
I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.
Sincerely,
Charles E. Betts
Chief, Standards Development
Office of Hazardous Materials Standards
171.1