Interpretation Response #05-0060 ([Airspeed Press] [Mr. Steven Lindblorn])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 07/01/2005

Company Name: Airspeed Press

Individual Name: Mr. Steven Lindblorn

Location State: NH Country: US

View the Interpretation Document

Response text:

Jul 1, 2005

Mr. Steven Lindblorn                    Reference No. 05-0060
Airspeed Press
79 Old Denny Hill Road
Warner NH 03278

Dear Mr. Lindblom:

This responds to your March 9, 2005 letter concerning the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to DOT specification 3AA, 3AL or other SCUBA cylinders. Specifically, you ask whether the HMR apply to cylinders owned by individuals for personal use.

In accordance with Federal hazardous materials transportation law (49 U.S.C. 5101 et seq.), the HMR apply to the transportation of hazardous materials in commerce, including packaging intended for such transportation. Specifically with regard to cylinders used to transport hazardous materials in commerce, the HMR establish requirements for their design, manufacture, maintenance, and requalification. A cylinder manufactured in accordance with requirements established in the HMR must be marked to indicate that it conforms to all applicable HMR requirements. A cylinder marked to certify that it conforms to HMR requirements must be maintained in accordance with applicable specification requirements whether or not it is in transportation in commerce at any particular time. Thus, a DOT specification 3AA, 3AL, or other SCUBA cylinder that is marked to indicate conformance with applicable DOT requirements must be retested and otherwise maintained in accordance with the HMR whether or not it is being used to transport hazardous materials in commerce.

The HMR include specific requirements applicable to the preparation of hazardous materials for transportation in commerce; such requirements are “pre-transportation functions” (see § 171.1 and 171.8). For example, the person offering a hazardous material for transportation must class the hazardous material, select an authorized packaging, fill and close the packaging, describe the hazardous material on a shipping paper, and apply appropriate and markings and labels to the, package. A cylinder being prepared for transportation in commerce may not be filled to a pressure that exceeds its marked service pressure. You are correct that the HMR requirements applicable to pre transportation functions do not apply to the transportation of a cylinder by a private individual for personal use. However, we strongly recommend against filling any cylinder beyond its marked service pressure in any circumstance, or any cylinder that is due for requalification according to the table in § 180.209 of the HMR.

Your specific questions are paraphrased and answered below.

Q1.      Do the HMR apply to a cylinder that is transported to and from a dive shop by a private individual for personal use? Do the HMR apply to a cylinder that is filled by a dive shop and rented to a customer who then transports if off the premises?

Al.        The HMR generally apply to the transportation of hazardous materials in commerce. Transportation of hazardous materials by a private individual in a private motor vehicle for personal use is riot commercial transportation. Note, however, that a cylinder that is marked to certify that it conforms to HMR requirements must he maintained in accordance with applicable specification requirements whether or not it is in transportation in commerce at any particular time.

Q2.      Do the HMR apply to a cylinder that is shipped to a customer by UPS, FedEx, or other commercial carrier?

A2.      Yes. A person, such as a dive shop, who offers a hazardous material for transportation in commerce or a person, such as a commercial carrier, who transports a hazardous material in commerce is subject to all applicable HMR requirements.

Q3.      Do the HMR apply to a cylinder that is transported by a private individual in a private motor vehicle for personal use when transported on a public road or a Federal highway?

A3.      See response Al above.

Q4.      Do the HMR apply to a cylinder that is carried by a private individual on a commercial bus or boat licensed to carry passengers?

A4.      Yes. Passengers and crew members traveling on a commercial bus or vessel are “in commerce” and are fully subject to the HMR.

Q5.      Do the HMR apply to a cylinder owned by a private individual who takes it on a vessel licensed to carry passengers and has the cylinder filled while on the vessel?

A5. Yes. See response AS above.

Q6. Do the HMR apply to the transportation of an empty cylinder?

A6.      A cylinder that had contained a non-flammable, non-poisonous gas that has been emptied so that the remaining gas in the cylinder exerts an absolute pressure of less than 280 kPa (40.6 psia) at 20 °C (68 °F) is not subject to the HMR. If offered in commerce, markings and labels must be removed, obliterated, or securely covered.

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.

Sincerely,

Susan Gorsky
Acting Director
Office of Hazardous Materials Standards

171.2

Regulation Sections