Mr. Henry Wake Huffman — Hazardous Materials Safety Interpretation

Page 1U.S. Department 1200 New Jersey Avenue SE of Transportation Washington. DC 20590 Pipeline and Hazardous Materials Safety MAR 302012 Administration Mr. Henry Wake Huffman 396 State Highway 1959 Grayson, Kentucky 41143 Ref. No.: 12-0002 Dear Mr. Huffman: This responds to your letter dated December 21, 2011, regarding whether under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) a driver ofa motor vehicle must have specialized training to transport medical oxygen. Your questions are paraphrased and answered as follows: Ql. Does a driver of a motor vehicle transporting medical oxygen cylinders need specialized training on the safe handling and transport ofthis material? AI. Additional specialized training may be required depending on the job function and handling requirements for specific hazardous materials. Responsibility for ensuring that the level oftraining is adequate and appropriate is the obligation ofthe hazmat employer. Q2. Would the driver also need a Commercial Driver's License (CDL) if hauling such products as old tires, paint, gas, oil, and other materials left behind from abandoned property. A2. In accordance with 49 CFR 383.5 ofthe Department's Federal Motor Carrier Safety Regulations (FMCSR), a driver ofa commercial motor vehicle (CMV) that has a GVWR of 11,794 kilograms (26,001 pounds) or transports a hazardous material that requires placarding must obtain a CDL with a hazmat endorsement (See subpart G ofpart 383 of the FMCSR). Q3. Is specialized training needed even ifthe total amount ofhazardous materials being transported is less than 1,001 pounds? A3. Yes, training is required. There are, however, exceptions in the HMR for training and other requirements. For example, if you meet the materials oftrade exceptions in §173.6, you are excepted from the HMR, including training. Q4. What are the penalties for violation ofthe requirements of the HMR, such as training?#

Page 2A4. A hazmat employer must ensure that each of its hazmat employees is trained in accordance with the requirements prescribed under subpart H of Part 172 (see §172.702). A person who knowingly violates a requirement of the Federal Hazmat Transportation Law, 49 U.S.C. § 5123, applicable to the transportation of hazardous materials or causing them to be transported or shipped is liable for a civil penalty of not more than $55,000 and not less than $250 for each violation, except the maximum civil penalty is $110,000 . . (see §107.329). For a list of frequently cited violations see Appendix A to Subpart D of Part 107. I hope this satisfies your inquiry. s~. .s~-- BenSupko Acting Chief, Standards Development Standards and Rulemaking Division#

Page 3December 21, 2011 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue S.E. Washington, D.C. 205920590 Dear Mr. Ben Supko: Ref: No: 11-0182 Thank you for your letter dated November 21,2011. I would like to clarify a few more questions. Someone at The Department of Transportation informed me by phone that in order to transport medical oxygen cylinders, the driver ofthat vehicle must have special training on the proper safe handling ofthis material. Is this true? Do they need this special training even ifthe total amount is less than 1001 pounds? The lady on the phone explained to me that special training on handling of hazardous materials was needed even ifit was five pounds. What would be the fine or penalty ifthe driver did not have any special training for the handling ofsaid such hazardous material? Would a driver need any special training or CDL license with hazardous materials ifthey were hauling all types ofhazardous materials such as old tires; paint; gas; oil; and other materials left behind from abandoned property? I know it seems like I'm asking the same questions over, but I've never seen it where you clarified whether or not the driver needed the special training for hazardous materials ifthe load was less than 1001 pounds. Thank you for you trouble.#

Page 41200 New Jersey Avenue SE U.S. Department WashIngton. DC 20590 of Transportation Pipeline and Hazardous Materials Safety Administration NOV 2 1 2011 Mr. Henry Wake Huffman 396 State Highway 1959 Grayson, Kentucky 41143 Ref. No.: 11-0182 Dear Mr. Huffman: This responds to your July 25, 2011 letter, your subsequent August 6, 2011 letter, and your August 17,2011 follow-up e-mail regarding training and Commercial Driver's License (CDL) to transport medical oxygen under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your questions are paraphrased and answered as follows: Q1. Is medical oxygen considered a hazardous material? Ifso, what is the classification and description ofmedical oxygen? AI. Yes. Medical oxygen is designated as a hazardous material in the §172.101 Hazardous Materials Table and classified and described as "Oxygen, compressed, 2.2 (nonflammable gas), UNI072." Q2. Do you need training to load and transport medical oxygen? A2. Yes. In accordance with the HMR, a person who perfonns any function (e.g., loading and unloading) that directly affects the transportation ofhazardous materials is a hazardous material (hazmat) employee and must receive traming applicable to those functions. (See §§ 172. 700 - 172.704). In addition, drivers transporting hazardous materials that require shipping papers also must receive driver training as required in § 177.816. Q3. Do you need a CDL with a hazmat endorsement to transport medical oxygen in a van with a Gross Vehicle Weight Rating (GVWR) ofless than 26,000 pounds, or if the number ofcylinders has an aggregate gross weight ofmore than 1,001 pounds? A3. The Department's Federal Motor Carrier Safety Administration's (FMC SA) Federal Motor Carrier Safety Regulations (FMCSR) specifY requirements for CDLs and hazmat endorsements. In accordance with 49 CFR 383.5 ofthe FMCSR, a commercial motor vehicle (CMV) that has a GVWR of 11,794 kilograms (26,001 pounds) or transports a#

Page 5hazardous material that requires placarding must obtain a CDL with a hazmat endorsement (See subpart G of part 383 ofthe FMCSR). In accordance with §172.504( c) ofthe HMR, a transport vehicle or freight container which contains less than 454 kg (1,001 pounds) aggregate gross weight of hazardous materials in non-bulk packagings covered by table 2 is excepted from placarding. However, in this case, placards are required because you are shipping a number of cylinders having an aggregate gross weight of more than 1,001 pounds. Q4. What kind ofspeCial training would be needed to transport medical oxygen, and where in Kentucky could this type oftraining be found? A4. The training requirements for a hazmat employee, who also drives a commercial motor vehicle, are supplemental to the licensing requirements. Compliance with the current requirements for a CDL provides employees with general knowledge and skills and may satisfy the training requirements. However, additional specialized training may be required depending on the job function and handling requirements for specific hazardous materials. Responsibility for ensuring that the level of training is adequate and appropriate is the obligation ofthe hazmat employer. The Department of Labor's Occupational Safety and Health Administration, the Environmental Protection Agency, the Federal Motor Carrier Safety Administration's Commercial Driver's License (CDL), or other mandated training requirements may be used to the extent that they satisfy the general awareness, function specific, and safety training and testing requirements. The hazmat employer is also responsible for the three year recurrent training requirement. Q5. Does the HMR apply to the transportation of medical oxygen from one state to another, such as West Virginia to Kentucky? A5. Yes. The HMR are found in Title 49, Code ofFederal Regulations, Parts 100-185. As provided in § 171.1, the HMR apply to any department, agency, or instrumentality that transports or causes to be transported or shipped hazardous materials in interstate, intrastate, and foreign commerce, by all modes of transportation (Le., highway, rail, air, and vessel). The HMR addresses classification, packaging, preparation of shipping papers, labeling, placarding. emergency response information, and training. The HMR can also be accessed through our Web site: http://phmsa.dot.gov/hazmat. Sincerely, l~ ~~~~el~ent [) Office ofHazardous Materials Standards#

Page 6EJJ~ruM ~ 111. J July 25. 2011 J3 J72. 10/ ~ J73.Uo8 ApT'l;l.a '"J;& IJ. o18:L Mr. Charles E. Betts Director, Office ofHazardous Materials Standards U.S. DOTI PHMSA (pHH·lO) 1200 New Jersey Avenue; SE East Building. 2Dd. Floor Wasbingto~ D.C. 20590 Dear Mr.Bettis: I have a few questions that I cannot find the answers to on the HAZARDOUS MAlERIALS INFORMATION CENTER. QUESTION (1) Transporting hazardous materials (Medical Oxygen) do 1need special training to load and transport this product? QUESTION (2) IfI'm hauling this Medical Oxygen in a van with GVW less than 26,000 do I need Hazardous materials endorsement on . My COL license? QUESTION (3) If the number ofcylinders has a gross weight ofmore that 1001 pounds, do I need hazardous materials endorsement on my COL driver license? QUESTION (4) Being from Kentucky, where would I go if! need special training to transport this medical oxygen? QUESTION (5) What kind ofspecial training would I need to transport Medical Oxygen? QUESTION (6) Ifl transport medical oxygen from one state to another, West Virginia to Kentucky, would that make any difference in . The laws that govern transporting ofhazardous materials? QUESTION (7) Would Medical Oxygen be considered "Hazardous Material?"#

Page 7QUESTION (8) What federal laws would I be in violation ofifI have no special training in the loading; handling; and transporting ofMedical Oxygen? If any? QUESTION (9) What is the classification ofMedical Oxygen? Fire? Explosive? Etc.? I'm sorry to be ofso much trouble Mr. Bettis, but I've looked and looked at the website, and can't seem to find the laws, and they are confusing to me. It's the weight that I don't understand Is it law that I need special training ifI'm transporting less that a thousand pounds ofmedical oxygen? ;r::;'?J.9/~ Henry Wake Huffman You can e-mail me the answers to these questions at henrywakehuffinan 2007@yahoo.com Or herywa'kehuffinan@yahoo.com#