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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

Regulation Sections

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