{"operation":"document","citation":"03-0299","title":"Gram Safety Services — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-10-19","effective_on":null,"summary":"03-0299 response to Gram Safety Services concerning 171.8, 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0299.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0299.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0299","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030299.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n400 Seventh St., S.W.\nSpecial Programs\nResearch and\nAdministration\nOCT 19\nMr. Orris Gram\nRef. No.: 03-0299\nGram Safety Services\n59285 Lotus Court\nMontrose, CO 81401\nDear Mr. Gram:\nThis is in response to your November 10, 2003 letter regarding the materials of trade\nexception under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nSpecifically, you ask if a medical home health care supplier may transport oxygen cylinders,\neach weighing less than 100 kg (220 pounds), as a materials of trade in accordance with\n§ 173.6. Please accept my apology for our delay in responding to your letter.\nThe answer is yes. Based on the information provided, delivery of oxygen cylinders is not\nthe principal business for the home health care supplier and supplying patients with oxygen\ncylinders is in direct support of its business. Therefore, the oxygen cylinders carried on the\nhealth care supplier's vehicle meet the definition of a material of trade in § 171.8 and may be\ntransported under the conditions specified in § 173.6.\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely,\nHathe Mthel\nHattie Mitchell\nOffice of Hazardous Materials Standards\nChief, Regulatory Review and Reinvention\n1718\n030299\n173.6\n\n<<<PAGE 2>>>\n\nGram Safety Services\n59285 Lotus Court\nEdmondson\nMontrose, CO 81401\n970.240.3329\n$171.8\nNovember 10, 2003\n5173.6\nMr. Edward Mazzullo, Director\nMOT Exception\nOffice of Hazardous Materials Standards\nU.S. DOT/RSPA (DHM-10)\n03 - 0299\n400 7\" Street NW\nWashington D. C. 20590-0001\nDear Mr. Mazzullo;\nRe: Request for clarification of applicability 171.8 and 173.6 \"Materials of Trade Exception\"\nI represent a private motor carrier engaged in the sale, rental and distribution of materials associated\nwith medical home health care. The main portion of the business is supplying oxygen to persons\nrequiring respatory care and durable medical equipment (beds, wheelchairs, gloves, masks, ect.).\nThe oxygen is delivered by our vehicles in permanently mounted bulk refrigerated tanks on one half,\nthree quarter or one-ton capacity vehicles. We are not aware of any problem with the bulk tanks as\nthey are marked and placarded (UN1073) and the driver has in possession a shipping document for\n\"Oxygen, refrigerated liquid, 2.2, UN1073\"\nThe drivers are qualified per FMCSA regulations and licensed CDL with \"Haz Mat\" endorsement.\nAdditionally the drivers must meet the health, safety, and training requirements of HHS for home\nhealth care workers. The drivers service customers at private residences or health care facilities,\ndelivering, servicing and filling oxygen cryogenic dewars, and checking on the proper and safe use of\nthe medical oxygen.\nQuestion: In addition to the placarded bulk refrigerated oxygen the vehicle will have extra cylinders of\n\"Oxygen, compressed, 2.2, UN1072\" these small cylinders range from 3.5, 7.5, and 10 pound capacity.\nOn a day in question the vehicle contained 26 of these cylinders having a gross weight under 220\nupon the individual customer needs.\npounds. The driver may either service and replace a cylinder or leave one or more cylinders dependent\nIt is my opinion that that the driver is engaged in a MOT activity for the oxygen cylinders as it falls\nwithin the scope of private carriage and providing specialized door-to-door service incidental to\ntransportation and excepted from shipping papers.\nThe State Patrol maintains that the transportation of the cylinders is strictly a transportation activity\nand not within the scope of MOT exceptions and requires shipping papers.\nYour interpretation and clarification on the use of MOT exception will be appreciated.","truncated":false,"body_characters":3742}