{"operation":"document","citation":"00-0287","title":"Mr. Andy Altemos — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-11-09","effective_on":null,"summary":"00-0287 concerning 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0287.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0287.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0287","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000287.pdf","body":"<<<PAGE 1>>>\n\n-\nU.S. Department\nof Transportation\n400 Seventh St, S.W.\nSpecial Programs\nResearch and\nNOV 9 2000\nWashington, D.C. 20590\nAdministration\nMr. Andy Altemos\n1850 K Street, N. W.\nRef No. 00-0287\nSuite 200\nWashington, D.C. 20006-3500\n•\nDear Mr. Altemos:\nThis is in response to your October 6, 2000 letter regarding the materials of trade (MOTs) exception as\nit applies to the transport of certain hazardous materials by motor vehicle in support of aircraft\nmaintenance operations, under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nYou provided the following scenario and asked whether your understanding is correct that the MOTs\nexception would apply in the scenario described below:\nAn airline uses motor vehicles to transport hazardous materials in support of aircraft\nmaintenance operations. The airline would operate these vehicles as a private motor\ncarrier in direct support of a principal business that is other than transportation by motor\nvehicle. Hazardous materials transported over public highways in connection with an\nairline's aircraft maintenance operations include, but are not be limited to, the\nmovement of:\nMaterials from one warehouse to another warehouse;\n2)\nMaterials from a maintenance facility or warehouse to an airport where\nmaintenance operations are performed on an aircraft; and\nSamples to or trom a laboratory for analysis.\nOne criterion for using the material of trade exception, as defined in § 171.8, is that a hazardous\nmaterial be transported by a private carrier in direct support of its principal business, which may not be\ntransportation by motor vehicle. Based on the scenario presented and provided all conditions of\n§ 173.6 are met, an airline performing private carriage by highway may transport hazardous materials\nunder the MOTs exception.\nIhope this satisfies your inquiry.\nSincerely,\nhun Hillo\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\n..\nà i\nEngrum\n8173-6 (MOT)\nHMT ASSOCIATES, LL.C.\n1850 K STREET, N.W.\nMaterials of Trade\nNASHINGTON, D.C. 20006-3504\nSUITE 20\n00-02 SALTEMOS\n(202) 463-3511\nGORDON ROUSSEAL\nPATRICIA A. QUINN\nFACSIMILE (202) 463-3512\nWRITER'S DIRECT DIAL NUMBER\n(202) 463-3511, Ext. 11\nOctober 6, 2000\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous\nMaterials Standards (DHM-10)\nResearch and Special Programs\nAdministration\nDepartment of Transportation\nWashington, D.C. 20590-0001\nDear Mr. Mazzullo:\nThis is to request confirmation that the transport of certain hazardous materials under the\ncircumstances described herein qualifies for, and may be conducted under, the Material of Trade\n(MOT) exceptions provided in the Hazardous Materials Regulations (\"the HMR\"; 49 CFR Parts 171-\n180), provided all applicable requirements of § 173.6 are met.\nAn airline uses motor vehicles to transport hazardous materials in support of aircraft\nmaintenance operations. In this connection, the airline is operating these vehicles, and transporting\nthe hazardous materials concerned as \"a private motor carrier. in direct support of a principle\nbusiness that is other than transportation by motor vehicle\" (see (3) in definition of \"Material of\ntrade\" in § 171.8 of the HMR).' Examples of occasions in which hazardous materials would be\ntransported over public highways in connection with the airline's aircraft maintenance operations\ninclude, but are not be limited to, the movement of:\nMaterials from one warehouse to another warehouse;\n\n<<<PAGE 3>>>\n\n..°\n•\nHMT ASSOCIATES, L.L.C.\nMr. Edward T. Mazzullo\nOctober 6, 2000\nPage 2\n2)\nMaterials from a maintenance facility or warehouse to an airport at which\nmaintenance operations are to be performed on an aircraft; and\nSamples to or from a laboratory for analysis.\nPlease confirm that my understanding is correct that the MOT exceptions would apply in the\ncircumstances described above. Your early reply would be most appreciated. Thank you for your\nconsideration, and please do not hesitate to contact me if you have questions concerning this matter.\nSincerely,\nE. A. Altemos","truncated":false,"body_characters":4070}