URS Corporation — Hazardous Materials Safety Interpretation

Page 1Transportatic . Departme Washington, D.C. 400 Seventh Street, S.W. 20590 Research and Administration Special Programs DEC 18 2001 Mr. Andrew N. Romach Corporate Regulatory Manager Ref. No. 01-0299 1600 Perimeter Park Drive, Suite 100 URS Corporation Morrisville, NC 27560 Dear Mr. Romach: This is in response to your November 28, 2001 letter requesting clarification on the materials of trade (MOTS) exception found in section § 171.6 of the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180). Specifically, you ask if an employee from an automobile dealership transports auto parts that meet the definition of a hazardous material to a body shop, would that employee be able to take advantage of the MOTS exception if the transported items meet the inner containment limits in § 173.6. The described hazardous materials meet the definition for MOTS (§ 171.8). Provided all conditions in § 173.6 are met, the MOTS exception may be applied to your scenario. I hope this satisfies your request. Sincerely, Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards 010299 173.6 -#

Page 2FROM: URS CORPORATION FAX NO.: 9194611371 11-28-01B2:42P P .01 " URS Johnsen § 173.6 MOT November 28, 2001 01-0299 Mr. Ed Mazzullo, Direcior Research and Special Programs Administration Office of Hazardous Material Standards 400 7th Street, SW (DHM-10) U.S. Department of Transportation 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 Materials of Trade exception (49 CFR 173.6) would apply to the following situation: instances, such repair is contracted out to one of several automobile body shops. To Periodically, vehicles are brought to an automobile dealership to be repaired. In many complete the repair, the body shop may require certain replacement or repair parts from the dealership. "A required part may be a hazardous material (matching touch-up paint, windshield repair kit with cleaner/adhesive, ctc.) If one of the employees at the dealership drives a roquired part to the body shop, and that part meets the definition of a hazardous material, would that employee be able to take advantage of the MOTs exception so long as the transported item meets the inner container limits? Thank you for your consideration of this request. Sincerely Shake Corporate Regulatory Manager URS Corporation URS Corporation 1600 Perimeter Park Orive, Suite 100 Tel: 919.461.1100 Morrisville, NC 27560 Fax: 919.461.1415#