Henry, Oddo, Austin & Fletcher Attorneys and Counselors at Law — Hazardous Materials Safety Interpretation

Page 11200 New Jersey Avenue SE U.S. Department Washington. DC 20590 of Transportation Pipeline and Hazardous Materials Safety Administration NOV 2 ;,: 2011 Ms. Katherine Knight Hemy, Oddo, Austin & Fletcher Attorneys and Counselors at Law 1700 Pacific Avenue, Suite 2700 Dallas, TX 75201 Reference No. 11-0203 Dear Ms. Knight: This is in response to your August 8, 2011, and September 20,2011 telephone conversation with a member ofmy staffon behalfofone ofyour law firm's clients, a moving company, concerning the interstate transportation ofscuba tank cylinders and oxygen tank cylinders under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state that while moving a household, the moving company refused to transport two scuba-tank cylinders belonging to its client because the company did not know whether the cylinders contained a hazardous material and with which regulations they must comply. You also state the company later hired a hazardous materials expert who determined the cylinders were empty. You ask what requirements apply when a moving company offers cylinders as household goods for interstate transportation by motor vehicle. Federal hazardous materials transportation law (49 U.S.C. § 5101 et seq.) applies to the transportation ofhazardous materials in intrastate and interstate commerce, including packaging intended for such transportation. A cylinder containing a hazardous material that is transported in commerce is subject to the HMR and must comply with specific requirements applicable to its preparation for transportation. The HMR also impose registration requirements for shippers and carriers of certain classes and quantities of hazardous materials (see 49 CFR § 107.601). Furthermore, the employees that prepare, offer and move hazardous materials in transportation must be trained in conformance with 49 CFR Part 172, Subparts H (training) and I (security). The HMR provide exceptions for items that are not transported "in commerce" e.g., when a private individual transports a cylinder for personal use, that transportation is not subject to the HMR. The HMR also provide exceptions for empty packagings which no longer qualify as hazardous materials (see § 173.29). The HMR establish requirements for their design, manufacture, maintenance, and requalification ofcylinders used to transport hazardous materials in commerce. A cylinder manufactured in conformance with the HMR must be marked with the applicable specification marks and maintained in accordance with applicable requirements to conform#

Page 2to the HMR regardless ofwhether the cylinder is in transportation in commerce (see § 180.3(a». Similarly, a DOT Specification 3AA, 3AL, or other SCUBA cylinder marked to indicate conformance with applicable DOT requirements must be retested and otherwise maintained in accordance with the HMR whether or not it is being used to transport hazardous materials in commerce. I hope this satisfies your request. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division 2#

Page 3HENRY ODDO AUSTIN & FLETCHER A PROFESSIONAL CORPORATION ATTORNEYS AND COUNSELORS AT LAW 1700 PACIFIC AVENUE SUITE 2700 DALLAS, TEXAS 75201 TELEPHONE (214) 658-1900 FACSIMILE (214) 658·1919 August 8, 2011 Mr. Charles E. Betts Director, Office of Hazardous Materials Standards U.S. DOTIPHMSA (PHH-10) 1200 New Jersey Avenue, SE East Building, 2nd Floor Washington, D.C. 20590 RE: Interstate Household Goods Motor Carrier Transport ofScuba Tanks and/or Oxygen Tanks Dear Sir: Please advise the regulations and requirements which affect a shipper's offer of scuba tanks and/or an oxygen tank for transportation to an interstate household goods motor carrier. If you have any questions, please contact me at (214) 658-1928. Thank you for your assistance. Sincerely, HENRY ODDO AUSTIN & FLETCHER, A Professional Corporation By:_IJi-,---, .L"",,--_'Jr{.!....--K--L----,\-:1-=..LK itl_L~Iu.!u~K __ Katherine Knight J#