{"operation":"document","citation":"05-0230","title":"U.S. Department of Labor — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-11-02","effective_on":null,"summary":"05-0230 response to U.S. Department of Labor concerning 172.101, 173.56.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0230.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0230.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0230","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050230.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nlashington, D.C. 2059\nJO Seventh Street. S.I\nPipeline and\nAdministration\nHazardous Materials Safety\nNOV 2 2005\nMr. Michael P. Valoski\nReference No.: 05-0230\nMine Safety and Health Administration\nChief, Toxic Agents Branch\nU.S. Department of Labor\nP. O. Box 18233\nPittsburgh, PA 15236\nDear Mr. Valoski:\nThis is in response to your letter concerning the applicability of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) to government agencies transporting hazardous\nmaterials. Your letter states that the Mine Safety and Health Administration purchased a truck\nthat will be used as a mobile laboratory by agency personnel responding to mine fires and/or\nexplosions. The mobile laboratory will contain instruments that use various compressed gases\nin their analyses. Your questions pertain to quantity limitations and special precautions\napplicable to compressed gases, vehicle placarding requirements, training and licensing\nrequirements for the vehicle driver, and weight limitations for the vehicle.\nThe statutory authority granted to the Department of Transportation under the Federal\nhazardous materials transportation law (49 U.S.C. 5101 et. seq.) is limited to transportation in\ncommerce. Hazardous materials transported by a government entity in vehicles operated by\ngovernment personnel for noncommercial purposes are not subject to the HMR. Thus, the\nquantity limitations and placarding requirement do not apply. Cylinders that are used at a work\nsite and not offered for transportation in commerce come under the jurisdiction of the\nDepartment of Labor's Occupational Safety and Health Administration (OSHA). You should\ncontact OSHA for information concerning such cylinders.\nThe Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) is\nthe agency responsible for compliance with regulations governing qualifications for\n171.1 (d)5)\n050230\n\n<<<PAGE 2>>>\n\ncommercial drivers as well as vehicle weight limitations. Please contact the Federal Motor\nCarrier Safety Administration at (202) 366-6121 for information on these issues.\nI hope this satisfies your request.\nbincerely\nHothe z Mitatel\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nU.S. Department of Labor\nPittsburgh Safety & Health Technology Center\nMine Safety and Health Administration\nOp\nLABOR\nP.O. Box 18233\nPhysical and Toxic\nToxic Agents Division\n15236\nSeptember 6, 2005\nCorbin\nMs. Hattie L. Mitchell\n§111.1 (d)5)\nChief, Regulatory Review and Reinvention\nU.S. Department of Transportation\n400 Seventh Street, S.W.\nApplicability\nWashington, D. C. 20590\n05 - 0230\nDear Ms Mitchell:\nOur office has been in touch with you. Recently the Mine Safety and Health\nAdministration (part of the US Department of Labor) purchased a truck\n(GVWR 26000 pounds) that will be used as a mobile analytical laboratory for\nresponding to mine fires and/ or explosions. The laboratory, which will be operated by\ngovernment employees, is equipped with scientific instruments (gas chromatographs)\nthat measure the concentrations of gases in the mine atmosphere. To conduct the\nanalyses compressed gases are used by the gas chromatographs. These gases include\nhelium, compressed air, nitrogen, argon, and hydrogen.\nBefore the mobile laboratory is placed into service, the Agency wants to comply with all\napplicable regulations. Please advise us with respect to the following issues:\n1. The truck is specially designed as a mobile analytical laboratory and is equipped\nwith racks to store and transport six gas cylinders. How much compressed gas\ncan be legally transported in the laboratory without special precautions? Does\nthe type of gas affect the quantity carried? What additional precautions are\nrequired?\n2. We will place compressed gas placards on the vehicie. Are any other required?\n3. The Agency will provide task training on driving the vehicle. Do the drivers\nneed special driver's licenses and/or other training?\nAs this is a U. S. Government emergency vehicle, do we need to stop at weigh\nstations or for other inspections?\n5.\nAre there any other pertinent regulations with which we must comply?\n\n<<<PAGE 4>>>\n\n2\nIf you have any questions please phone me at (412) 386-6984 or email me at\nvaloski.michael@dol.gov.\nLet me thank you in advance for your assistance.\nSincerely,\nMickcal P. Valiste\nMichael P. Valoski\nChief, Toxic Agents Branch","truncated":false,"body_characters":4454}