{"operation":"document","citation":"04-0145","title":"Mobility Products Unlimited, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-07-09","effective_on":null,"summary":"04-0145 response to Mobility Products Unlimited, LLC concerning 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0145.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0145.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0145","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040145.pdf","body":"<<<PAGE 1>>>\n\n.S. Departmen\nf Transportation\nJUL - 9 2004\nWashington, D.C. 20590\n400 Seventh St., S.W.\nspecial hograms\nAdministration\nMr. Steven King\n245 Riverside Drive\nMobility Products Unlimited, LLC\nRef. No. 04-0145\nHolly Hill, FL 32117\nDear Mr. King:\nThis is in response to your letter asking for clarification of the materials of trade (MOTs)\nexceptions under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nSpecifically, you ask for clarification of the term \"private motor carrier\" as used in the\n(MOTs) definition in § 171.8. You also ask for clarification of the applicable\nrequirements in § 173.6 for transporting MOTs, including weight limitations and whether\nregistration and shipping paper requirements apply. You state that Mobility Products is a\nmedical equipment provider and will be transporting four 50-pound Division 2.2\ncompressed oxygen cylinders in a motor vehicle to its customers.\nThe definition for MOTs in § 171.8 includes a private motor carrier transporting\nhazardous materials in direct support of a principal business that is other than\ntransportation by motor vehicle. A private motor carrier is a carrier who transports the\nbusiness's own products and does not provide such transportation service to other\nIn addition to meeting the definition of MOTs in § 171.8, the applicable requirements in\n§ 173.6 must be met. The cylinder must conform to the packaging, qualification,\nlosed, secured against movement, and protected against damage (see paragraph (b)). /\nnaintenance, and use requirements under the HMR and must be leak tight, securel\nsee paragraph (c)(3)), and the operator of the motor vehicle must be informed of th\nOT specification cylinder must be marked and labeled in accordance with the HMI\npresence of the hazardous material (see paragraph (c)(4)). Paragraph (a)(2) limits a\nd) limits the aggregate gross weight of all hazardous materials on one motor vehicle t\nivision 2.2 material in a cylinder to a gross weight not over 220 pounds and paragrap\nnot more than 440 pounds. With regard to the registration and shipping paper\n173.6\n040145\n\n<<<PAGE 2>>>\n\nrequirements, paragraph (a) states that a hazardous material meeting the MOTs\ndefinition in § 171.8 is subject only to the applicable requirements in § 173.6; therefore,\nsuch shipments are excepted from the registration and shipping paper requirements.\nI hope this information is helpful. Please contact this office should you require additional\nassistance.\nSincerely,\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nsMaIntyre\nMOBILITY\nMOT\n04-0145\nPRODUCTS-UNLIMITED, LLC\nMobility Products Unlimited LLC 245 Riverside Drive, Holly Hill, FL 32117\n386.255.2388 or Toll Free 1.888.224.2482\nMay 12,2004\nDOT\nOffice of HazMat Standards\nDHM-10 |\n400 7th Street SW\nWashington, DC 20590\nDear Sir/Madam;\nMobility Products Unlimited, LLC is a durable medical equipment provider that\nplans to begin renting Home-Fill Oxygen concentrators to patients with a\nprescription. In order to be compliant with Emergency and Disaster\nPreparedness protocol, Mobility Products has opted to provide each patient\nreceiving, the system with a back-up cylinder of compressed oxygen.\nI have viewed the regulations and the information contained at multiple\nwebsites, including telephone contacts. However, your assistance is needed in\nascertaining. the requirements that Mobility Products Unlimited needs to meet in\norder to transport the Division 2.2 hazardous material. Information regarding\nwhether registration is required would be appreciated\n• I was referred to 49 CFR 173:6 and have viewed the regulation and believe\nthat Mobility Prodücts Unlimited satisfies the \"Materials of Trade\" exemption\nrequirements as stipulated therein. However, a clearer definition of a \"private\nmotor carrier\" would be appreciated.\nMobility Products Unlimited transports its home medical equipment in\ncargo/passenger type vans. These vehicles would transport no more than a total\nof (4) 50 Ibs. compressed oxygen cylinder tanks at any time. Information\nregarding weight limits for this would be greatly appreciated as well.\nMobility Products Unlimited is committed to compliance with federal and state\nregulations. Any assistance that you may provide in ascertaining hazardous\nmaterials regulation and registration compliance, including shipping paper\nrequirements, is greatly appreciated\nIf you need additional information, please contact me @ 1-888-224-2482 X2242\nor by email. sking@mpullc.com:\nRevenue Integrity Analyst\nCompliance Department","truncated":false,"body_characters":4585}