{"operation":"document","citation":"11-0182","title":"Mr. Henry Wake Huffman — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-11-21","effective_on":null,"summary":"11-0182 concerning 171.1, 172.101, 172.504, 177.816.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0182.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0182.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0182","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110182.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue SE\nU.S. Department Washington. DC 20590\nof Transpartation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nNOV 2 1 2011\nMr. Henry Wake Huffman\n396 State Highway 1959\nGrayson, Kentucky 41143\nRef. No.: 11-0182\nDear Mr. Huffman:\nThis responds to your July 25, 2011 letter, your subsequent August 6, 2011 letter, and your\nAugust 17,2011 follow-up e-mail regarding training and Commercial Driver's License (COL)\nto transport medical oxygen under the Hazardous Materials Regulations (HMR; 49 CFR Parts\n171-180). Your questions are paraphrased and answered as follows:\nQ1. Is medical oxygen considered a hazardous material? If so, what is the classification and\ndescription ofmedical oxygen?\nAI. Yes. Medical oxygen is designated as a hazardous material in the §172.1 0 1 Hazardous\nMaterials Table and classified and described as \"Oxygen, compressed, 2.2 (nonflammable\ngas), UNIOn.\"\nQ2. Do you need training to load and transport medical oxygen?\nA2. Yes. In accordance with the HMR, a person who performs any function (e.g., loading\nand unloading) that directly affects the transportation of hazardous materials is a\nhazardous material (hazmat) employee and must receive training applicable to those\nfunctions. (See § § 172.700 - In.704). In addition, drivers transporting hazardous\nmaterials that require shipping papers also must receive driver training as required in\n§177.816.\nQ3. Do you need a COL with a hazmat endorsement to transport medical oxygen in a van\nwith a Gross Vehicle Weight Rating (GVWR) of less than 26,000 pounds, or if the\nnumber of cylinders has an aggregate gross weight of more than 1,001 pounds?\nA3. The Department's Federal Motor Carrier Safety Administration's (FMC SA) Federal\nMotor Carrier Safety Regulations (FMCSR) specify requirements for CDLs and hazmat\nendorsements. In accordance with 49 CFR 383.5 of the FMCSR, a commercial motor\nvehicle (CMV) that has a GVWR of 11,794 kilograms (26,001 pounds) or transports a\n\n<<<PAGE 2>>>\n\nhazardous material that requires placarding must obtain a CDL with a hazmat\nendorsement (See subpart G of part 383 of the FMCSR).\nIn accordance with §172.504(c) of the HMR, a transport vehicle or freight container\nwhich contains less than 454 kg (1,001 pounds) aggregate gross weight of hazardous\nmaterials in non-bulk packagings covered by table 2 is excepted from placarding.\nHowever, in this case, placards are required because you are shipping a number of\ncylinders having an aggregate gross weight ofmore than 1,001 pounds.\nQ4. What kind of speCial training would be needed to transport medical oxygen, and where\nin Kentucky could this type of training be found?\nA4. The training requirements for a hazmat employee, who also drives a commercial motor\nvehicle, are supplemental to the licensing requirements. Compliance with the current\nrequirements for a CDL provides employees with general knowledge and skills and may\nsatisfy the training requirements. However, additional specialized training may be\nrequired depending on the job function and handling requirements for specific\nhazardous materials. Responsibility for ensuring that the level of training is adequate\nand appropriate is the obligation of the hazmat employer.\nThe Department of Labor's Occupational Safety and Health Administration, the\nEnvironmental Protection Agency, the Federal Motor Carrier Safety Administration's\nCommercial Driver's License (CDL), or other mandated training requirements may be\nused to the extent that they satisfy the general awareness, function specific, and safety\ntraining and testing requirements. The hazmat employer is also responsible for the three\nyear recurrent training requirement.\nQ5. Does the HMR apply to the transportation of medical oxygen from one state to another,\nsuch as West Virginia to Kentucky?\nAS. Yes. The HMR are found in Title 49, Code of Federal Regulations, Parts 100-185. As\nprovided in § 171.1, the HMR apply to any department, agency, or instrumentality that\ntransports or causes to be transported or shipped hazardous materials in interstate,\nintrastate, and foreign commerce, by all modes of transportation (Le., highway, rail, air,\nand vessel). The HMR addresses classification, packaging, preparation of shipping\npapers, labeling, placarding, emergency response information, and training. The HMR\ncan also be accessed through our Web site: http://phmsa.dot.gov/hazmat.\nSincerely,\n~~ ~~~~e~elopment\n() Office of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nJuly 25, 2011\n£n~ruM.\n~ 11/. I\n~J12·'(J1\n§ J73.lfo8\nApplilab,J;-Iy\nIJ- t? IB2v\nMr. Charles E. Betts\nDirector, Office ofHazardous Materials Standards\nU.S. DOT! PHMSA (PHH-lO)\n1200 New Jersey Avenue; SE East Building, 2nd\n, Floor\nWashington, D.C. 20590\nDear Mr.Bettis:\nI have a few questions that I cannot fmd the answers to on the HAZARDOUS\nMATERIALS INFORMATION CENTER\nQUESTION (1) Transporting hazardous materials (Medical Oxygen) do I need\nspecial training to load and transport this product?\nQUESTION (2) If I'm hauling this Medical Oxygen in a van with GVW less than\n26,000 do I need Hazardous materials endorsement on\nMy CDL license?\nQUESTION (3) If the number of cylinders has a gross weight ofmore that 1001\npounds, do I need hazardous materials endorsement on my\nCDL driver license?\nQUESTION (4) Being from Kentucky, where would I go if! need special training\nto transport this medical oxygen?\nQUESTION (5) What kind of special training would I need to transport Medical\nOxygen?\nQUESTION (6) If! transport medical oxygen from one state to another, West\nVirginia to Kentucky, would that make any difference in\nThe laws that govern transporting ofhazardous materials?\nQUESTION (7) Would Medical Oxygen be considered \"Hazardous Material?\"\n\n<<<PAGE 4>>>\n\nQUESTION (8) What federal laws would I be in violation ofifI have no special\ntraining in the loading; handling; and transporting ofMedical\nOxygen? If any?\nQUESTION (9) What is the classification ofMedical Oxygen? Fire? Explosive?\nEtc.?\nI'm sorry to be ofso much trouble Mr. Bettis, but I've looked and looked at the\nwebsite, and can't seem to frod the laws, and they are confusing to me. It's the weight\nthat I don't understand. Is it law that I need special training ifI'm transporting less that a\nthousand pounds ofmedical oxygen?\n:;r:;'iJ.91~\nHenry Wake Huffman\nYou can e-mail me the answers to these questions at\nhenrywakehuffman 2007@yahoo.com\nOr herywakehuffman@yahoo.com","truncated":false,"body_characters":6426}