{"operation":"document","citation":"16-0025","title":"Pine — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-05-19","effective_on":null,"summary":"16-0025 response to Pine concerning 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0025.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0025.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0025","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/160025.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMaterials Safet\nPipeline and Hazardou\nAdministration\nMAY 19 2016\nMr. Jason Miller\nHSE Manager\nPine\n10635 Richmond Avenue, #100\nHouston, TX 77042\nRef. No. 16-0025\nDear Mr. Miller:\nThis letter is in response to your February 8, 2016 email requesting clarification of the\napplicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to\nMaterials of Trade (MOTs). Specifically, you state your company transports compressed\nDivision 2.1 (flammable) or 2.2 (non-flammable) gas in lecture-size cylinders that vary in\nsize but usually measure 11 inches in length and 3 inches in width, weigh approximately 0.5\nto 3 pounds each, and have an internal pressure that can be up to 2,200 pounds per square\ninch (psi). You further explain that these cylinders are used in measuring equipment that\nyour company sells and rents. We have paraphrased your questions and answered in the\norder you provided.\nQ1.\nIf employees transport one or two of the previously-described lecture cylinders in\ncompany-owned vehicles and deliver them to a customer, do the MOTs regulations\napply?\nAl.\nThe answer is yes, provided the shipment complies with the applicable provisions in\n§ 173.6.\nQ2.\nIf the answer to Ql is yes, is the company excepted from the following when\nshipping these cylinders: creating shipping papers, using hazmat labels and placards,\nand training employees?\nA2.\nMotor vehicle carriers transporting MOTs are excepted from having to comply with\nthe shipping paper requirements prescribed in 49 CFR Part 172, Subpart C; and the\nplacarding requirements prescribed in 49 CFR Part 172, Subpart F. Carriers are also\nexcepted from the training requirements prescribed in 49 CFR Part 172, Subpart H,\nprovided they are informed of the presence of the hazardous material on the vehicle\nand the requirements contained in § 173.6. Each MOTs cylinder must be marked and\nlabeled as prescribed in the HMR for the hazardous material it contains (see\n§ 173.6(c)(3)).\n\n<<<PAGE 2>>>\n\nIf the company continues to use its own employees and vehicles to transport these\ncylinders, at what point would it be necessary to train employees, use shipping\npapers, and apply hazmat labels and placards?\nYour company would need to comply with the hazmat training, shipping paper,\nmarking, labeling, and placarding requirements for those cylinders that do not comply\nwith the MOTs provisions in § 173.6. For example, cylinders that 1) have a gross\nweight of over 100 kg (220 pounds), 2) cause the aggregate gross weight of cylinders\non a motor vehicle to exceed 200 kg (440 pounds) (see § 173.6(a)(2) and (d)), or 3)\nthat do not comply with packaging requirements for cylinders prescribed in\n§ 173.6(b) do not qualify for the MOTs exception.\nI hope this information is helpful. Please contact us is we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention\nStandards and Rulemaking Division\n2\n\n<<<PAGE 3>>>\n\nEdmonson\n173.1\nGoodall, Shante CTR (PHMSA)\nMaterual a Trade\nFrom:\nGeller, Shelby CTR (PHMSA)\n14 - 0025\nSent:\nMonday, February 08, 2016 3:09 PM\nTo:\nHazmat Interps\nSubject:\nFW: Letter of Interpretation - Materials of Trade\nDear Shante and Alice,\nForwarded is a request for a formal letter of interpretation. I spoke with Mr. Miller.\nThanks,\nShelby\nFrom: Jason Miller [mailto: jlmiller@pine-environmental.com]\nTo: PHMSA HM InfoCenter\nSent: Monday, February 08, 2016 10:19 AM\nSubject: Letter of Interpretation - Materials of Trade\nPHMSA,\nPlease can you provide a letter of interpretation on the following situation?\nWe at Pine sell and rent measuring equipment that can also utilize compressed gases in lecture size bottles usually with\na 2.1 Flammable or 2.2 Non-Flammable gas. The lecture size bottles cay vary slightly in sizes but are usually 11\" × 3\" in\nlength and width, Pressure can be up to 2200 PSI and weigh around 0.5 - 3lbs each.\nMy questions are as follows,\n1) If we personally deliver one or two of these lecture cylinders in our company vehicle to a customer does the\nMaterial of Trade (MOT) apply?\n2) If so, does this mean we're exempt from placarding, outer package labelling, shipping papers and training?\n3) At what point would we need to have placards, shipping papers and training if we personally (in the course of\nbusiness in a company vehicle) delivered the cylinders?\nRegards\nJason Miller\nHSE Manager\nOPINE\n10635 Richmond Ave #100, Houston, Texas, 77042\nOffice: 713-981-7463 Cell: 832-591-6907\n1","truncated":false,"body_characters":4541}