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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 #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 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 for guidance.

I hope this information is helpful. If you have further questions, please contact this office.


Ben Supko

Acting Chief, Standards Development Branch

Standards and Rulemaking Division


Regulation Sections

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