Layne-Atlantic — Hazardous Materials Safety Interpretation

Page 1.S. Departmen f Transportatior Washington, S.C. S59 :059( Speciei Programs Administration JUN - 8 2000 Mr. John Pittas Ref. No. 00-0124 Layne-Atlantic Operations Manager P.O. Box 2676 Eaton Park, FL 33840-2676 Dear Mr. Pittas: This is in response to your letter dated April 14, 2000, regarding the materials of trade exception under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically you ask if Oxygen and Acetylene cylinders each weighing less than 100 kg (220 pounds) used in direct support of field construction projects may be considered materials of trade. The answer is yes. Oxygen and Acetylene "cylinders transporțed transported as materiais of trade it'all the provisions of on your company's vehicles to support the business may be $ 173.6 are met. I hope this satisfies your request. Sincerely, Jonn s. Gale Gale (Transportation Regulations Specialist Office of Hazardous Materials Standards HNNHH 173.6 000124#

Page 2a division of Layne Christensen Company Layne-Atlantic P.O. Box 2676 • Eaton Park, Florida 33840-2676 • Phone: (941) 666-2433 • Fax: (941) 665-2196 BAH April 14, 2000 5173.6 00-0124 US Department of Transportation Office of Hazmat Standards DHM 10 400 7th Street SW Washington, D.C. 20590 Ref: Materials of Trade Exemption To whom it may concern, My company's service trucks carry one cylinder of Oxygen (277 cubic ft) and one of Acetylene (150 cubic feet) vertically and properly secured. These cylinders are equipped on the trucks to perform various field construction projects. It is our understanding that the small amount being transportated fall under the "Materials for Trade" category which exempts us from completing daily bills of lading. ! have attached a section referring to this that we retrieved from the internet and would appreciate your comments and confirmation in writing on this for our Company's Safety Department. Thank you for your anticipated assistance and if you should have any questions, please do not hesitate to contact me directly at (863) 666-2433. The written response can be forwarded to my attention at Layne Atlantic, P.O. Box 2676, Eaton Park, FL 33840-2676. Sincerely, Titter bonu Operations Manager Layne#

Page 3• WAIS.Document Retrieval Title 49 sect 173.6 Page 1 of 2 [Page 360-361] TITLE 49--TRANSPORTATION CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OE TRANSPORTATION PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS--Table of Con Subpart A--General Sec. 173.6 Materials of trade exceptions. referenced in this section. following: (a) Materials and amounts. A material of trade is limited to the contained in a packaging having a gross mass or capacity not over-- (1) A Class 3, 8, 9, Division 4.1, 5.1, 5.2, 6.1, or ORM-D material material; (i) 0.5 kg (1 pound) or 0.5 I (1 pint) for a Packing Group I Packing Group III, or ORM-D material; (ii) 30 kg (66 pounds) or 30 I (8 gallons) for a Packing Group II, percent concentration, of a Class 9 material. (iii) 1500 L (400 gallons) for a diluted mixture, not to exceed 2 not over 100 kg (220 pounds), or a permanently mounted tank manufactured (2) A Division 2.1 or 2.2 material in a cylinder withra gross weight to ASME standards of not more than 70 gallon water capacity for a non- liquefied Division 2.2 material with no subsidiary hazard., a packaging having a gross capacity not exceeding 30 ml (1 ounce). (3) A Division 4.3 material in Packing Group II or III contained in self-reactive (see Sec. 173.124), poisonous by inhalation (see (4) This section does not apply to a hazardous material that is Sec. 173.133), or a hazardous waste. gases, sift proof for solids, (b) Packaging. (1) Packagings must be leak tight for liquids and movement, and protected against damage. and be securely closed, secured against ackaging, or a packaging of equal or greater strength and integrity (2) Each material must be packaged in the manufacturer's original • put ge in the anufacturers original 3) Outer packagings are not required for receptacles (e.q., can. +..= boxes or compartments. and bottles) that are secured against movement in cages, carts, bins, conform to the requirements of this subchapter or to the requirements of (4) For gasoline, a packaging must be made of metal or plastic and Labor contained in 29 CFR 1910.106 (d) (2) or 1926.152(a) (1). the Occupational Safety and Health Administration of the Department of .2 material must conform to packaging, qualification, maintenance, ano 5) A cylinder or other pressure vessel containing a Division 2.1 o: use requirements of this subchapter, except that outer packagings are are tightly closed. not required. Manifolding of cylinders is authorized provided all valves (C) Hazard communication. (1) A non-bulk packaging other than a must be marked with a common name or proper shipping name to identify cylinder (including a receptacle transported without an outer packaging) http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi 04/07/2000#

Page 4• WAls Document KeIreval rage ‹ ot 2 the material it contains, including the letters ''RO'' if it contains a reportable quantity of a hazardous substance. material must be marked on two opposing sides with the four-digit (2) A bulk packaging containing a diluted mixture of a Class 9 identification number of the material. The identification number must be displayed on placards, orange panels or, alternatively, a white square- (at least 273 mm (10.8 inches) on a side), in the manner specified in on-point configuration having the same outside dimensions as a placaro Sec. 172.332 (b) and (c) of this subchapter. be marked and labeled as prescribed in this subchapter. Each DOT-39 (3) A DOT specification cylinder (except DOT specification 39) must cylinder must display the markings specified in 178.65(i). (4) The operator of a motor vehicle that contains a material of trade must be informed of the presence of the hazardous material be informed of the requirements of this section. (including whether the package contains a reportable quantity) and must authorized by paragraph (a) (1)(iii) of this section, the aggregate gross (d) Aggregate gross weight. Except for a material of trade kg (440 pounds) • weight of all materials of trade on a motor vehicle may not exceed 200 motor voicle under the postons of € is de mone troper ha ardous materials [ [Page 361]] section. without affecting its eligibility for exceptions provided by this 62 FR [Amdt. 173-259, 62 FR 1216, Jan. 8, 1997, as amended by Amdt. 173-262, 63 FR 8142, Feb. 18, 1998; 49566, Sept. 22, 1997; 63 FR 52849, Oct. 1, 62 FR 51560, Oct. 1, 1997; Amdt. 173-259, '1998] http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi 04/07/2000#