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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #19-0017

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

Interpretation Response Details

Response Publish Date:

Company Name:

Individual Name: John Christopher

Location State: NC Country: US

View the Interpretation Document

Response text:

August 26, 2019

John Christopher
801 North 4th St #302
Wilmington, NC 28401

Reference No. 19-0017

Dear Mr. Christopher:

This letter is in response to your January 28, 2019, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding filling and transporting a non-DOT specification cylinder as a private individual for personal use. Specifically, you ask whether a "dive shop" as described in your email, is subject to the HMR if it fills a foreign manufactured SCUBA cylinder solely for the personal use of an individual.

The answer is no. Section 171.1(b) and (c) state that requirements of the HMR apply to each person who offers a hazardous material for transportation in commerce and the transportation of a hazardous material in commerce. The transportation of a hazardous material by a private individual for non-commercial personal use is not considered transportation in commerce. Therefore, the requirements of the HMR are not applicable to fillers or private individuals for the use, recharging, or transportation of SCUBA cylinders by private individuals for personal use. However, the dive shop may be subject to other requirements (e.g., Occupational Safety and Health Administration regulations) related to the filling of cylinders.

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

171.1b, c

Regulation Sections

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