Minnesota Department of Transportation — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh St., S.W. Washington, D.C. 20590 Research and Special Programs Administration AUG 27 2001 Mr. Michael Ritchie Ref. No. 01-0207 Hazardous Materials Specialist Minnesota Department of Transportation Office of Motor Carrier Services, Mail Stop 420 1110 Centre Pointe Curve Mendota Heights, MN 55118 Dear Mr. Ritchie: This is in response to your letter of August 3, 2001, requesting information regarding the transportation of oxygen cylinders on a passenger-carrying bus under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if a spare oxygen cylinder may be carried aboard a passenger carrying bus as a material of trade as provided in § 173.6. The answer is yes. By definition, a Material of Trade includes a hazardous material that is carried on a motor vehicle for the purpose of protecting the health and safety of the motor vehicle operator or passengers (see § 171.8). All the conditions of § 173.6 must be met. I hope this satisfies your inquiry. Sincerely, Transportion Regulations Specialist Office of Hazardous Materials Standards#

Page 2r 08/23/2001 14:23 MN DOT MOTOR CARRIER SERVICES → 912023663012 ND.256 0002 MINNESOTA Minnesota Department of Transportation Mail Stop 420 Otfice of Motor Carrier Services 1110 Centre Pointe Curve Tel: 651/ 405-6060 Mendota Heights, MN 55120-4152 Fax: 651/405-6082 August 3, 2001 La Valle 3/11.810,130 Edward Mazzullo, Director Office of Hazardous Materials Standards 8,173-6 MOTs United States Department of Transportation Research and Special Programs Administration Applicabitity 400 Seventh St. SW Washington, DC 20590 010207 Dear Mr. Mazzullo, The Minnesota Department of Transportation, Office of Motor Carrier Services, regulates transportation of elderly, handicapped or disabled persons under its Special Iransporration Services (STS) program. Many of the service providers in the STS program are for-hire carriers, operating in commerce. i A question has been raised on the applicability of the Hazardous Materials Regulations (HMIR) when the STS provider is carrying a passenger with a small oxygen cylinder. The cylinder is the property of the passenger, not the carrier, and is used for medical reasons. Your staff sent me a copy of a RSPA clarification letter, Ref. No. 99-0050, dated April 2, 1999, that addresses this issue. That letter states, in part, that "A cylinder of oxygen used by a passenger for medical reasons is not regulated under the FIMIR; however, spare oxygen cylinders must be transported in conformance with the HMIR. Therefore, proper marking and labeling and shipping paper documentation is necessary for spare oxygen cylinders." Our STS providers indicate that passengers often travel with a "spare" cylinder. This spare cylinder may be carried with the active cylinder, or separately. Could the transportation of the spare oxygen cylinders) be done under terms of the Materials of Trade provisions? Materials of Trade include "hazardous materials, other than hazardous waste, that is carried on a motor vehicle- (1) For the purpose of protecting the health and safety of the motor vehicle operator or passengers;" Would the Materials of Trade provisions apply to a carrier transporting its passenger's hazardous material? Thank you for your consideration of this issue. If you have any questions, please contact me at (651) 405-6120 or by email at: michael.Ritchie@dot.state.mn.us. civil Ruden Yours truly, Michael Ritchie Hazardous Materials Specialist : Minnesota Department of Transportation • An equal opportunity employer#