Mobility Products Unlimited, LLC — Hazardous Materials Safety Interpretation

Page 1.S. Departmen f Transportation JUL - 9 2004 Washington, D.C. 20590 400 Seventh St., S.W. special hograms Administration Mr. Steven King 245 Riverside Drive Mobility Products Unlimited, LLC Ref. No. 04-0145 Holly Hill, FL 32117 Dear Mr. King: This is in response to your letter asking for clarification of the materials of trade (MOTs) exceptions under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask for clarification of the term "private motor carrier" as used in the (MOTs) definition in § 171.8. You also ask for clarification of the applicable requirements in § 173.6 for transporting MOTs, including weight limitations and whether registration and shipping paper requirements apply. You state that Mobility Products is a medical equipment provider and will be transporting four 50-pound Division 2.2 compressed oxygen cylinders in a motor vehicle to its customers. The definition for MOTs in § 171.8 includes a private motor carrier transporting hazardous materials in direct support of a principal business that is other than transportation by motor vehicle. A private motor carrier is a carrier who transports the business's own products and does not provide such transportation service to other In addition to meeting the definition of MOTs in § 171.8, the applicable requirements in § 173.6 must be met. The cylinder must conform to the packaging, qualification, losed, secured against movement, and protected against damage (see paragraph (b)). / naintenance, and use requirements under the HMR and must be leak tight, securel see paragraph (c)(3)), and the operator of the motor vehicle must be informed of th OT specification cylinder must be marked and labeled in accordance with the HMI presence of the hazardous material (see paragraph (c)(4)). Paragraph (a)(2) limits a d) limits the aggregate gross weight of all hazardous materials on one motor vehicle t ivision 2.2 material in a cylinder to a gross weight not over 220 pounds and paragrap not more than 440 pounds. With regard to the registration and shipping paper 173.6 040145#

Page 2requirements, paragraph (a) states that a hazardous material meeting the MOTs definition in § 171.8 is subject only to the applicable requirements in § 173.6; therefore, such shipments are excepted from the registration and shipping paper requirements. I hope this information is helpful. Please contact this office should you require additional assistance. Sincerely, Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3sMaIntyre MOBILITY MOT 04-0145 PRODUCTS-UNLIMITED, LLC Mobility Products Unlimited LLC 245 Riverside Drive, Holly Hill, FL 32117 386.255.2388 or Toll Free 1.888.224.2482 May 12,2004 DOT Office of HazMat Standards DHM-10 | 400 7th Street SW Washington, DC 20590 Dear Sir/Madam; Mobility Products Unlimited, LLC is a durable medical equipment provider that plans to begin renting Home-Fill Oxygen concentrators to patients with a prescription. In order to be compliant with Emergency and Disaster Preparedness protocol, Mobility Products has opted to provide each patient receiving, the system with a back-up cylinder of compressed oxygen. I have viewed the regulations and the information contained at multiple websites, including telephone contacts. However, your assistance is needed in ascertaining. the requirements that Mobility Products Unlimited needs to meet in order to transport the Division 2.2 hazardous material. Information regarding whether registration is required would be appreciated • I was referred to 49 CFR 173:6 and have viewed the regulation and believe that Mobility Prodücts Unlimited satisfies the "Materials of Trade" exemption requirements as stipulated therein. However, a clearer definition of a "private motor carrier" would be appreciated. Mobility Products Unlimited transports its home medical equipment in cargo/passenger type vans. These vehicles would transport no more than a total of (4) 50 Ibs. compressed oxygen cylinder tanks at any time. Information regarding weight limits for this would be greatly appreciated as well. Mobility Products Unlimited is committed to compliance with federal and state regulations. Any assistance that you may provide in ascertaining hazardous materials regulation and registration compliance, including shipping paper requirements, is greatly appreciated If you need additional information, please contact me @ 1-888-224-2482 X2242 or by email. sking@mpullc.com: Revenue Integrity Analyst Compliance Department#