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Interpretation Response #06-0049 ([Vinson & Elkins] [Thomas H. Wilson])

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

Interpretation Response Details

Response Publish Date:

Company Name: Vinson & Elkins

Individual Name: Thomas H. Wilson

Location State: TX Country: US

View the Interpretation Document

Response text:

Apr 6, 2006


Thomas H. Wilson                 Reference No. 06-0049
Vinson & Elkins
First City Tower
1001 Fannin Street, Suite 2300
Houston, TX 77002-6760

Dear Mr. Wilson:

This is in response to your January 3, 2006 letter and telephone conversation with a member of my staff requesting clarification regarding the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1-180). In your scenario, your client has cylinders filled with a Division 2.2 non-flammable gas that is used to power a portable generator. You ask when the requirements of the HMR would apply to these cylinders.

The HMR apply to transportation of hazardous materials in commerce. Transportation in commerce begins when a carrier takes physical possession of the filled cylinders for purposes of transporting them and continues until delivery of the cylinders to their destination as evidenced by the shipping documentation under which the filled cylinders are moving, such as shipping papers, bills of lading, freight orders, or similar documentation. The HMR also apply to pre-transportation functions such as selecting an authorized cylinder, marking and labeling, and preparation of the shipping papers.

I hope this information is helpful.



Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards


Regulation Sections

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