Radian International — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh Street, S.W. Washington, D.C. 20590 JUN | 6 2000 Mr. Andrew N. Romach Ref. No. 00-0142 Regulatory Compliance Officer Radian International P.O. Box 13000 Research Triangle Park North Carolina 27709 Dear Mr. Romach: This is in response to your letter dated May 4, 2000, requesting clarification on the materials of trade (MOTS) exception in § 173.6 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- 180). You presented two scenarios and would like confirmation that the MOTS exception applies. Your scenarios are paraphrased and answered as follows: Scenario #1: A manufacturer of heating and air conditioning equipment operates several distribution centers (retail sale) where service technicians and other customers obtain parts to service and maintain : the manufacturer's equipment. Some of the available parts meet the definition of a hazardous material. Occasionally, one of the distribution centers will run out of a part and an employee from another distribution center will drive over to resupply the center with the part. If the required part were a hazardous material, would the employee who drives the part across town be able to take advantage of the MOTS exception so long as the transported item meets the inner container limits? Scenario #2: A manufacturer of automobiles operates several distribution centers (wholesale) where manufacturer's authorized parts required to repair and maintain the automobiles are distributed to authorized dealerships (retail sale). Some of the available parts meet the definition of a hazardous material. Occasionally, a center or dealership will run out of a part, and an employee from a nearby distribution center will drive over to resupply them with the part. If the required part were a hazardous material, would the employee who drives the part across town be able to take advantage of the MOTS exception so long as the transported item meets the inner container limits? 134 000142#

Page 2The described hazardous materials in both scenarios meet the definition for MOTS (§ 171.8). Provided all conditions in § 173.6 are met, the MOTS exception may be applied to your two scenarios. I hope this answers your inquiry. Sincerely,. Subm Killin's Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards#

Page 3FROM: "RADIAN INTERNATIONAL FAX NO.: 9194611371 05 - 88 - 88 81:54P P.01 Boothe RADIAN INTERNATIONAL A DAMES & MOORE GROUP COMPANY 3173.6 Male AdD 142 May 4, 2000 Research Iriangle Park, Post Office Box 13000 North Carolina 27709 1600 Perimeter Kark Drive Physical/Shipping Address: Mr. Ed Mazzullo, Director Office of Hazardous Material Standards Morrisville, North Carolina 27560 Researoh and Special Programs Administration 919 461 1415 Fax 919 461 1100 Tel U.S. Department of Transportation 400 7th Street, SW (DHM-10) Washington, DC 20590-0001 FAX: (202) 366-3012 Dear Mr. Mazzullo: I am writing to you to request a written regulatory interpretation concerning whether or not the Matcrials of Trade exception (49 CFR 173.6) would apply to the following two scenarios: centers (retail sale) where service technicians and other customers obtain parts to service and maintain the Scenario #1: A manufacturer of heating and air conditioning equipment operates several distribufion manufacturer's equipment. Some of the available parts meet the definition of s hazardous material (for located within driving range of each other. Occasionally, one of the distribution centers will run out of a example, certain lubricants, sealants, paints, refrigerants). In some instances, distribution centers are part, and an employee from another distribution center will drive over to resupply the center with the part. able to take advantage of the Materials of Trade exception so long as the transported item meets the inner If the required part were a hazardous material, would the cmployce who drives the part across town be container limits? Scenario #2: A manufaoturer of automobiles operates several distribution centers (wholesale) where manufacturer's authorized parts required to repair and maintain the automobiles are distributed to authorized dealerships (retail sale). Some of the available parts meet the definition of a hazardous material (for example, certain lubricants, scalants, paints, refrigerants). The manufacturer also operates centers where automobiles are prepared for sale. In some instances, centers and dealerships are located within driving range. Occasionally, a center or dealership will run out of a part, and an employee from a nearby distribution center will drive over to resupply them with the part. If the required part were a Materials of Trade exception so long as the transported item meets the inner container limits? hazardous material, would the employee who drives the part across town be able to take advantage of the I appreciate your valuation of these transportation scenarios. If you have any questions, please call me at (919) 461-1220. Regulatory Compliance Manager Radian International Engineering Services in Nonh Carolina are performed through Radian internationals wholly owned subsidiary, Padian Engineering Inc. Offices Worldwide#