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Come on E.J. don't force me to hammer you into the dirt too.=20 49CFR =A7 171.1 spells out the "purpose and scope" of PART 171, not 49CFR. TITLE 49 (that is the 49 in 49CFR) addresses all manner of issues within the scope of transportation. It starts with SUBTITLE A- Office of the Secretary of Transportation parts 1-99. Therefore, your whole premise (>the General requirements which define the scope of the regulations (49CFR).<) is flawed. 49CFR =A7 171.2(b) exempts us from compliance as it relates to certain transportation activities by using the phrase "in commerce". This is not a mistake boys and girls. Uncle Sam does not want to handle registering every welder, diver, and party planer who fills balloons in this country. Think about it for a few moments. I=92m sure that all of you with an IQ greater than room temperature can see what an enormous burden it would be to register all of us so we can carry our scuba tanks in our own car or truck.. Part 171 specifically states "in commerce" when that term is fitting. Why then in parts 172 & 173 would the words =91No person" be used to mean in commerce? =20 49CFR =A7 172 handles DIFFERENT subject matter. Further, 49CFR =A7 172.1 an= d 49CFR =A7 172.2 (purpose and scope & applicability) NEVER uses the words in commerce. 49CFR =A7 173 handles DIFFERENT subject matter. Further, 49CFR =A7 172.1 (purpose and scope) NEVER uses the words in commerce.=20 The assumption that part 171 is an umbrella that covers parts 172 & 173 (or as you stated 49CFR) is false!!! Each part has its own "purpose and scope" to set it apart from other parts. Only when one part references an other does it have ANY DIRECT effect. Does part 171 cover part 180? How about part 450? If not than how do you conclude that it covers parts 172 & 173? This better be good or don=92t answer at all.=20 I promised, months ago, to flag the BS and expose ANYONE spreading it. =20 Who=92s NEXT???? > > >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 >______________________________ > > >-- >Send mail for the `techdiver' mailing list to `techdiver@aquanaut.com'. >Send list subscription requests to `techdiver-request@aquanaut.com'. > > Bill (aquadart) Bott -- Send mail for the `techdiver' mailing list to `techdiver@aquanaut.com'. Send list subscription requests to `techdiver-request@aquanaut.com'.
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