Mr. Andy Altemos — Hazardous Materials Safety Interpretation

Page 1- U.S. Department of Transportation 400 Seventh St, S.W. Special Programs Research and NOV 9 2000 Washington, D.C. 20590 Administration Mr. Andy Altemos 1850 K Street, N. W. Ref No. 00-0287 Suite 200 Washington, D.C. 20006-3500 • Dear Mr. Altemos: This is in response to your October 6, 2000 letter regarding the materials of trade (MOTs) exception as it applies to the transport of certain hazardous materials by motor vehicle in support of aircraft maintenance operations, under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You provided the following scenario and asked whether your understanding is correct that the MOTs exception would apply in the scenario described below: An airline uses motor vehicles to transport hazardous materials in support of aircraft maintenance operations. The airline would operate these vehicles as a private motor carrier in direct support of a principal business that is other than transportation by motor vehicle. Hazardous materials transported over public highways in connection with an airline's aircraft maintenance operations include, but are not be limited to, the movement of: Materials from one warehouse to another warehouse; 2) Materials from a maintenance facility or warehouse to an airport where maintenance operations are performed on an aircraft; and Samples to or trom a laboratory for analysis. One criterion for using the material of trade exception, as defined in § 171.8, is that a hazardous material be transported by a private carrier in direct support of its principal business, which may not be transportation by motor vehicle. Based on the scenario presented and provided all conditions of § 173.6 are met, an airline performing private carriage by highway may transport hazardous materials under the MOTs exception. Ihope this satisfies your inquiry. Sincerely, hun Hillo Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards#

Page 2.. à i Engrum 8173-6 (MOT) HMT ASSOCIATES, LL.C. 1850 K STREET, N.W. Materials of Trade NASHINGTON, D.C. 20006-3504 SUITE 20 00-02 SALTEMOS (202) 463-3511 GORDON ROUSSEAL PATRICIA A. QUINN FACSIMILE (202) 463-3512 WRITER'S DIRECT DIAL NUMBER (202) 463-3511, Ext. 11 October 6, 2000 Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards (DHM-10) Research and Special Programs Administration Department of Transportation Washington, D.C. 20590-0001 Dear Mr. Mazzullo: This is to request confirmation that the transport of certain hazardous materials under the circumstances described herein qualifies for, and may be conducted under, the Material of Trade (MOT) exceptions provided in the Hazardous Materials Regulations ("the HMR"; 49 CFR Parts 171- 180), provided all applicable requirements of § 173.6 are met. An airline uses motor vehicles to transport hazardous materials in support of aircraft maintenance operations. In this connection, the airline is operating these vehicles, and transporting the hazardous materials concerned as "a private motor carrier. in direct support of a principle business that is other than transportation by motor vehicle" (see (3) in definition of "Material of trade" in § 171.8 of the HMR).' Examples of occasions in which hazardous materials would be transported over public highways in connection with the airline's aircraft maintenance operations include, but are not be limited to, the movement of: Materials from one warehouse to another warehouse;#

Page 3..° • HMT ASSOCIATES, L.L.C. Mr. Edward T. Mazzullo October 6, 2000 Page 2 2) Materials from a maintenance facility or warehouse to an airport at which maintenance operations are to be performed on an aircraft; and Samples to or from a laboratory for analysis. Please confirm that my understanding is correct that the MOT exceptions would apply in the circumstances described above. Your early reply would be most appreciated. Thank you for your consideration, and please do not hesitate to contact me if you have questions concerning this matter. Sincerely, E. A. Altemos#