Interpretation Response #98-0244 ([National Propane Gas Association] [Mr. W. H. Butterbaugh])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: National Propane Gas Association
Individual Name: Mr. W. H. Butterbaugh
Location State: DC Country: US
View the Interpretation Document
Response text:
OCT 19, 1998
Mr. W. H. Butterbaugh Reference No.: 98-0244
Senior Technical Advisor
National Propane Gas Association
1101 17th Street, N.W., Suite 1004
Washington, D.C. 20036
Dear Mr. Butterbaugh:
This responds to your letter of August 18, 1998, concerning the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether propane cylinders are subject to the requalification requirements of the HMR when owned by private individuals who take them to propane marketers to be refilled.
Your understanding is correct. 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 situations you describe in your letter, the propane cylinders are not subject to the requalification requirements of the HMR.
I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.
Sincerely,
Thomas G. Allan
Senior Transportation Regulations Specialist
Office of Hazardous Materials Standards
171.1