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Interpretation Response #17-0115

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

Interpretation Response Details

Response Publish Date:

Company Name: C.H.&I Technologies, Inc.

Individual Name: Eric WIlliams

Location State: CA Country: US

View the Interpretation Document

Response text:

February 20, 2018

Eric Williams
Director of Engineering
C.H.&I. Technologies, Inc.
725 East Main Street, Suite 200
Santa Paula, CA 93060

Reference No. 17-0115

Dear Mr. Williams:

This letter is in response to your October 17, 2017, email and subsequent phone conversation with a member of my staff requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to compressed gases. You provide three scenarios in which a consumer or business will transport a product for personal care or household use that contains a hazardous material (hazmat), "UN1022, compressed air" or "UN1066, compressed nitrogen," in a refillable non-DOT specification container.

We have paraphrased and commented on your scenarios as follows:

Q1. You seek confirmation of your understanding that an individual transporting this product in a private motor vehicle (including a leased or rented motor vehicle) for non-commercial purposes is not subject to the HMR.

A1. Your understanding is correct. Based on the information you have provided and according to § 171.1(d)(6), functions not subject to the requirements of the HMR include the transportation of a hazmat by an individual for non-commercial purposes in a private motor vehicle, including a leased or rented motor vehicle.

Q2. You seek confirmation of your understanding that an individual transporting this product for a non-commercial purpose as a passenger by various modes of transportation (highway, air, rail, or vessel) is subject to the HMR.

A2. Your understanding is correct. Hazmat carried aboard passenger transport vehicles is subject to the HMR. However, certain hazmat is provided exceptions from the regulations by certain modes (see §§ 177.870 and 175.10).

Q3. You seek confirmation of your understanding that a business hiring a carrier to transport by either air, highway, rail, or vessel an "empty" metal container (i.e., contains a nonpoisonous, non-flammable material at less than 29.0 psig) for a commercial purpose is not subject to the HMR.

A3. Your understanding is correct.  Based on the information you have provided and according to § 173.115(b)(1), a Division 2.2 (non-flammable, nonpoisonous compressed gas­­­) means any material (or mixture) which exerts in the packaging a gauge pressure of 200 kPa (29.0 psig/43.8 psia) or greater at 20 °C (68 °F), is a liquified gas or is a cryogenic liquid, and does not meet the definition of Division 2.1 (flammable gas) or 2.3 (gas poisonous by inhalation). If the material does not meet these requirements and does not meet any other definitions of a hazmat, transport of the material is not subject to the HMR.

I hope this information is helpful. Please contact us if we can be of further assistance.

Sincerely,

Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division

171.1(d)(6), 177.870, 175.10, 173.115(b)(1)

Regulation Sections

Section Subject
171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions
173.115 Class 2, Divisions 2.1, 2.2, and 2.3-Definitions
175.10 Exceptions for passengers, crewmembers, and air operators