{"operation":"document","citation":"19-0017","title":"John Christopher — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-08-26","effective_on":null,"summary":"19-0017 concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0017.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0017.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0017","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/72241/190017.pdf","body":"<<>>\n\n0\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nAUG ~! 6 2019\nJohn Christopher\n801 North 4th St #302\nWilmington, NC 28401\nReference No. 19-0017\nDear Mr. Christopher:\nThis letter is in response to your January 28, 2019, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding filling and\ntransporting a non-DOT specification cylinder as a private individual for personal use.\nSpecifically, you ask whether a \"dive shop\" as described in your email, is subject to the HMR if\nit fills a foreign manufactured SCUBA cylinder solely for the personal use of an individual.\nThe answer is no. Section 171.1 (b) and ( c) state that requirements of the HMR apply to each\nperson who offers a hazardous material for transportation in commerce and the transportation of\na hazardous material in commerce. The transportation of a hazardous material by a private\nindividual for non-commercial personal use is not considered transportation in commerce.\nTherefore, the requirements of the HMR are not applicable to fillers or private individuals for the\nuse, recharging, or transportation of SCUBA cylinders by private individuals for personal use.\nHowever, the dive shop may be subject to other requirements (e.g., Occupational Safety and\nHealth Administration regulations) related to the filling of cylinders.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely, · ~\nt1(l}2 Chief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nDodd, Alice (PHMSA)\nFrom:\nSent:\nTo:\nSubject: I 9- OD/7\nINFOCNTR (PHMSA)\nWednesday, February 13, 2019 12:11 PM\nHazmat Interps\nFW: Navigating DOT stamps on gas cylinders for scuba diving and breathing apparatus\nAlice and lkeya,\nBelow is a request for letter of interpretation.\nThanks,\nJonathon, HMIC\nFrom: John Christopher [mailto:johnvchristopher@gmail.com]\nSent: Tuesday, February 12, 2019 4:40 PM\nTo: INFOCNTR {PHMSA) \nSubject: Re: Navigating DOT stamps on gas cylinders for scuba diving and breathing apparatus\nJonathan,\nThank you for your response!\nMy mailing address is as follows:\nJohn Christopher\n801 N 4th #302\nWilmington, NC 28401\nOn Tue, Feb 12, 2019 at 2:55 PM INFOCNTR {PHMSA) wrote:\nI Dear John,\nI\nWe have received your request for a written letter of interpretation regarding the hazardous materials regulations {49\nCFR Parts 171-180). The hazardous materials regulations are available at the following URL:\nhttp ://ph msa .dot.gov/regulations\nHowever, before we can submit your request for processing:\n1\n\n<<>>\n\nPlease respond to this email with a mailing address where you would like to receive your written letter of\ninterpretation.\nSincerely,\nJonathon, Hazardous Materials Specialist\nAn e-mail response from this office is considered informal guidance. Formal guidance may be requested in accordance\nwith 49 CFR 105.20. http://phmsa.dot.gov/hazmat/regs/interps\nFrom: John C. [mailto:johnvchristopher@gmail.com]\nSent: Monday, January 28, 2019 6:51 PM\nTo: PHMSA Webmaster \nSubject: Navigating DOT stamps on gas cylinders for scuba diving and breathing apparatus\nHello,\n-If this email is being sent to the wrong department or agency regarding jurisdiction or responsibility on the matter,\nplease inform and\\or forward to the appropriate department\\agency.\nI Have recently acquired gas cylinders for the use of scuba diving and personal use on breathing apparatus. These tanks\nwere NOT originally born in the US, but instead are from a European Manufacturer. These tanks bear the \"CE\" stamp\nstating the tanks have met their requirements but do NOT bear the us standard \"DOT\" stamp.\nThe issue of legality of [filling these tanks at a \"dive shop\" and the transportation as a private individual and NOT\noffered for transportation in interstate commerce] has become \"confused\".\nI am writing to request an official letter of clarification stating that it is in fact legal with no regulation that prohibits a\nnon \"DOT\" tank from being filled and transported provided it is NOT offered for transportation in interstate commerce,\nand therefor acceptable for a \"dive shop\" to fill a \"CE\" stamped cylinder with breathing gas for the use of scuba and\nother breathing apparatus if this is for personal use and transported by a private individual.\n2\n\n<<>>\n\nThank you for your time,\nJohn V. Christopher\nSent from Mail for Windows 10\n3","truncated":false,"body_characters":4573}