{"operation":"document","citation":"12-0002","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":"2012-03-30","effective_on":null,"summary":"12-0002 concerning 172.702, 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0002.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0002.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0002","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120002.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department 1200 New Jersey Avenue SE\nof Transportation Washington. DC 20590\nPipeline and Hazardous\nMaterials Safety MAR 302012\nAdministration\nMr. Henry Wake Huffman\n396 State Highway 1959\nGrayson, Kentucky 41143\nRef. No.: 12-0002\nDear Mr. Huffman:\nThis responds to your letter dated December 21, 2011, regarding whether under the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) a driver ofa motor vehicle must have\nspecialized training to transport medical oxygen. Your questions are paraphrased and answered\nas follows:\nQl. Does a driver of a motor vehicle transporting medical oxygen cylinders need specialized\ntraining on the safe handling and transport ofthis material?\nAI. Additional specialized training may be required depending on the job function and\nhandling requirements for specific hazardous materials. Responsibility for ensuring that\nthe level oftraining is adequate and appropriate is the obligation ofthe hazmat employer.\nQ2. Would the driver also need a Commercial Driver's License (CDL) if hauling such\nproducts as old tires, paint, gas, oil, and other materials left behind from abandoned\nproperty.\nA2. In accordance with 49 CFR 383.5 ofthe Department's Federal Motor Carrier Safety\nRegulations (FMCSR), a driver ofa commercial motor vehicle (CMV) that has a GVWR\nof 11,794 kilograms (26,001 pounds) or transports a hazardous material that requires\nplacarding must obtain a CDL with a hazmat endorsement (See subpart G ofpart 383 of\nthe FMCSR).\nQ3. Is specialized training needed even ifthe total amount ofhazardous materials being\ntransported is less than 1,001 pounds?\nA3. Yes, training is required. There are, however, exceptions in the HMR for training and\nother requirements. For example, if you meet the materials oftrade exceptions in §173.6,\nyou are excepted from the HMR, including training.\nQ4. What are the penalties for violation ofthe requirements of the HMR, such as training?\n\n<<<PAGE 2>>>\n\nA4. A hazmat employer must ensure that each of its hazmat employees is trained in\naccordance with the requirements prescribed under subpart H of Part 172 (see §172.702).\nA person who knowingly violates a requirement of the Federal Hazmat Transportation\nLaw, 49 U.S.C. § 5123, applicable to the transportation of hazardous materials or causing\nthem to be transported or shipped is liable for a civil penalty of not more than $55,000\nand not less than $250 for each violation, except the maximum civil penalty is $110,000 .\n. (see §107.329).\nFor a list of frequently cited violations see Appendix A to Subpart D of Part 107.\nI hope this satisfies your inquiry.\ns~. .s~--\nBenSupko\nActing Chief, Standards Development\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nDecember 21, 2011\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Avenue S.E.\nWashington, D.C. 205920590\nDear Mr. Ben Supko: Ref: No: 11-0182\nThank you for your letter dated November 21,2011. I would like to clarify a few\nmore questions.\nSomeone at The Department of Transportation informed me by phone that in\norder to transport medical oxygen cylinders, the driver ofthat vehicle must have special\ntraining on the proper safe handling ofthis material. Is this true?\nDo they need this special training even ifthe total amount is less than 1001\npounds? The lady on the phone explained to me that special training on handling of\nhazardous materials was needed even ifit was five pounds.\nWhat would be the fine or penalty ifthe driver did not have any special training\nfor the handling ofsaid such hazardous material?\nWould a driver need any special training or CDL license with hazardous materials\nifthey were hauling all types ofhazardous materials such as old tires; paint; gas; oil; and\nother materials left behind from abandoned property?\nI know it seems like I'm asking the same questions over, but I've never seen it\nwhere you clarified whether or not the driver needed the special training for hazardous\nmaterials ifthe load was less than 1001 pounds. Thank you for you trouble.\n\n<<<PAGE 4>>>\n\n1200 New Jersey Avenue SE\nU.S. Department WashIngton. DC 20590\nof Transportation\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 (CDL)\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? Ifso, what is the classification and\ndescription ofmedical oxygen?\nAI. Yes. Medical oxygen is designated as a hazardous material in the §172.101 Hazardous\nMaterials Table and classified and described as \"Oxygen, compressed, 2.2 (nonflammable\ngas), UNI072.\"\nQ2. Do you need training to load and transport medical oxygen?\nA2. Yes. In accordance with the HMR, a person who perfonns any function (e.g., loading\nand unloading) that directly affects the transportation ofhazardous materials is a\nhazardous material (hazmat) employee and must receive traming applicable to those\nfunctions. (See §§ 172. 700 - 172.704). 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 CDL with a hazmat endorsement to transport medical oxygen in a van\nwith a Gross Vehicle Weight Rating (GVWR) ofless than 26,000 pounds, or if the\nnumber ofcylinders has an aggregate gross weight ofmore 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 ofthe FMCSR, a commercial motor\nvehicle (CMV) that has a GVWR of 11,794 kilograms (26,001 pounds) or transports a\n\n<<<PAGE 5>>>\n\nhazardous material that requires placarding must obtain a CDL with a hazmat\nendorsement (See subpart G of part 383 ofthe FMCSR).\nIn accordance with §172.504( c) ofthe 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 of more than 1,001 pounds.\nQ4. What kind ofspeCial training would be needed to transport medical oxygen, and where\nin Kentucky could this type oftraining 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 ofthe 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?\nA5. Yes. The HMR are found in Title 49, Code ofFederal 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,\nl~ ~~~~el~ent\n[) Office ofHazardous Materials Standards\n\n<<<PAGE 6>>>\n\nEJJ~ruM\n~ 111. J\nJuly 25. 2011 J3 J72. 10/\n~ J73.Uo8\nApT'l;l.a '\"J;&\nIJ. o18:L\nMr. Charles E. Betts\nDirector, Office ofHazardous Materials Standards\nU.S. DOTI PHMSA (pHH·lO)\n1200 New Jersey Avenue; SE East Building. 2Dd. Floor\nWasbingto~ D.C. 20590\nDear Mr.Bettis:\nI have a few questions that I cannot find the answers to on the HAZARDOUS\nMAlERIALS INFORMATION CENTER.\nQUESTION (1) Transporting hazardous materials (Medical Oxygen) do 1need\nspecial training to load and transport this product?\nQUESTION (2) IfI'm hauling this Medical Oxygen in a van with GVW less than\n26,000 do I need Hazardous materials endorsement on\n. My COL license?\nQUESTION (3) If the number ofcylinders has a gross weight ofmore that 1001\npounds, do I need hazardous materials endorsement on my\nCOL driver license?\nQUESTION (4) Being from Kentucky, where would I go if! need special training\nto transport this medical oxygen?\nQUESTION (5) What kind ofspecial training would I need to transport Medical\nOxygen?\nQUESTION (6) Ifl 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 7>>>\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 find 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::;'?J.9/~\nHenry Wake Huffman\nYou can e-mail me the answers to these questions at\nhenrywakehuffinan 2007@yahoo.com\nOr herywa'kehuffinan@yahoo.com","truncated":false,"body_characters":10476}