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Date: Thu, 14 Aug 1997 20:58:31 -0500
To: Techdiver@aquanaut.com
From: "E.J. Sadler" <ejsadler@Pa*.ne*>
Subject: Re: NC Weenies
>Rick Dusch,
>
>First, let me say that I hate it when some asshole is unwilling or to
>stupid to do the homework necessary to voice an informed, intelligent
>opinion.  Even worse is when one of these individuals voice an opinion and
>hold it out as fact.  If anyone is unclear as to the difference, let me
>know and I=92ll help  you find a tutor to teach you what you should have
>learned as a child!  Now, on to tank filling, testing, and cleaning as it
>relates to 49CFR parts 172 & 173


As humorous as all this has been, I've tried to stay out of it. You guys
are really getting harsh.

Although Bill has correctly quoted the DOT CFRs, he neglected to throw in
the General requirements which  define the scope of the regulations
(49CFR). If you care to peruse the requirements below, you will see that
they are qualified with the terms IN COMMERCE.

Thus, Rick was correct when he stated that DOT CFRs do not apply to
privately owned SCUBA cylinders.

I could find no specific reference to putrid stupid festering puss ball(s).



E.J.




=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D
49CFR Part 171.2

General requirements.

(a) No person may offer or accept a hazardous material for transportation
in commerce unless that person is registered in conformance with subpart G
of part 107 of this chapter, if applicable, and the hazardous material is
properly classed, described, packaged, marked, labeled, and in condition
for shipment as required or authorized by applicable requirements of this
subchapter, or an exemption, approval or registration issued under this
subchapter or subchapter A of this chapter.

(b) No person may transport a hazardous material in commerce unless that
person is registered in conformance with subpart G of part 107 of this
chapter, if applicable, and the hazardous material is handled and
transported in accordance with applicable requirements of this subchapter,
or an exemption, approval or registration issued under this subchapter or
subchapter A of this chapter.

(c) No person may represent, mark, certify, sell, or offer a packaging or
container as meeting the requirements of this subchapter or an exemption,
approval or registration issued under this subchapter or subchapter A of
this chapter, governing its use in the transportation in commerce of a
hazardous material, whether or not it is used or intended to be used for
the transportation of a hazardous material, unless the packaging or
container is manufactured, fabricated, marked, maintained, reconditioned,
repaired and retested, as appropriate, in accordance with applicable
requirements of this subchapter, or an exemption, approval or registration
issued under this subchapter or subchapter A of this chapter.

(d) The representations, markings, and certifications subject to the
prohibitions of paragraph (c) of this section include, but are not limited
to-

(1) Specification identifications that include the letters "ICC," "DOT,"
"MC," or "UN";

(2) Exemption, approval, and registration numbers that include the letters
"DOT," "EX," "M," or "R"; and

(3) Test dates associated with specification, registration, approval,
retest or exemption markings indicating compliance with a test or retest
requirement of this
subchapter, or an exemption, an approval or a registration issued under
this subchapter or subchapter A of this chapter.

(e) When a person performs a function covered by or having an effect on a
specification prescribed in part 178, 179 or 180 of this subchapter, an
approval issued under this subchapter, or an exemption issued under subpart
B of this chapter, that person must perform the function in accordance with
that specification, approval, or exemption, as appropriate.

(f) No person shall, by marking or otherwise, represent that-

(1) A container or package for the transportation of hazardous materials is
safe, certified, or in compliance with the requirements of this title
unless it meets the requirements of all applicable regulations issued under
the Federal hazardous material transportation law; or

(2) A hazardous material is present in a package, container, motor vehicle,
rail car, aircraft, or vessel, if the hazardous material is not present.

(g) No person shall unlawfully alter, remove, deface, destroy, or otherwise
tamper with-

(1) Any marking, label, placard, or description on a document required by
the Federal hazardous material transportation law, or the regulations
issued thereunder; or

(2) Any package, container, motor vehicle, rail car, aircraft, or vessel
used for the transportation of hazardous materials.

(h) No person shall-

(1) Falsify or alter an exemption, approval, registration or other grant of
authority issued under this subchapter or subchapter A of this chapter; or

(2) Offer a hazardous material for transportation or transport a hazardous
material in commerce, or represent, mark, certify, or sell a packaging or
container, under a false or altered exemption, approval, registration or
other grant of authority issued under this subchapter or subchapter A of
this chapter.



______________________________

E.J. Sadler / Particle Studios
ejsadler@pa*.ne*
800.704.3900
http://particles.net
______________________________


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