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Interpretation Response #11-0284

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

Interpretation Response Details

Response Publish Date: 02-16-2012
Company Name: Northern California Fire Mechanics Association    Individual Name: Mr. Frank Drayton
Location state: CA    Country: US

View the Interpretation Document

Response text:

February 16, 2012



Mr. Frank Drayton
Fire Division Chief
650 Merchant Street
Vacaville, CA 95688

Ref. No. 11-0284

Dear Chief Drayton:

This responds to your November 15, 2011 and November 24, 2011 follow-up email concerning the requirements for cylinders under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether the HMR apply to DOT specification 3AA and 3AAX cylinders used by local fire departments for non-commercial purposes.

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. Hazardous materials transported by a government entity in vehicles operated by government personnel for non-commercial purposes are not subject to the HMR. However, this provision may not fully except a government agency from the HMR. A cylinder manufactured and marked in accordance with the requirements established in the HMR must be maintained in accordance with applicable specification requirements whether or not it is in transportation in commerce at any particular time. If a government agency, such as a local fire department, uses cylinders marked in accordance with the HMR, the government agency is subject to the HMR relating to the maintenance and use of those cylinders.

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



Ben Supko
Acting Chief, Standards Development
Standards and Rulemaking Division

178.37, 173.1 " 173.30

Regulation Sections

Section Subject
§ 178.37 Specification 3AA and 3AAX seamless steel cylinders