PPL Technical Training Center — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, D.C. 400 Seventh Street, S.W. 20590 Research and pecial Program dministratio SEP 27 2002 Mr. Frederick A. Muthard Reference No.: 02-0228 1639 Church Road PPL Technical Training Center Allentown, PA 18104-9342 Dear Mr. Muthard: This is in response to your letter requesting clarification of the materials of trade (MOTs) requirements under § 173.6 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- 180). Your questions are paraphrased and answered as follows: Q1. Do the quantities listed in §173.6(a) apply to each packaging or to a particular hazard class or division? A1. Except for a MOT authorized by §173.6(a)(1)(iii), the quantity limits in § 173.6(a) are the maximum allowable quantity per packaging. Using your example, the maximum allowable quantity for a Class 3 Packing Group II material is 8 gallons per packaging. Q2. May multiple packagings of MOTs be transported on the same motor vehicle provided the aggregate gross weight is not exceeded? A2. Yes, two or more packagings of hazardous materials may be transported under the MOTs exception provided all conditions of § 173.6 are met and the aggregate gross weight does not exceed 440 pounds. Q3. Can we transport hazardous materials using the MOTs exception between our company's facilities? A3. If the hazardous material meets the definition in § 171.8 of a Material of trade, the answer is yes. Q4. Are there additional Federal regulations that apply when MOTs are transported across state lines? 173.6 020228#

Page 2foreign commerce. A4. No. The HMR apply to the transportation of hazardous materials in interstate, intrastate and I trust this satisfies your inquiry. Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3! PPL Technical Training Ctr. Allentown, Pennsylvania 18104 1639 Church Road Fax 484-634-4173 Tel. 484-634-4040 ppl August 26, 2002 Corbin $173.6 Mr. Edward T. Mazzullo MOT U.S. DOT/RSPA (DHM-10) Director, Office of Hazardous Materials Standards 400 7* Street S.W. 02-0228 Washington, D.C. 20590-0001 Dear Sir: In recent weeks there have been questions raised within PPL concerning the quantity of a specific hazard class that can be carried on a vehicle under the HMR 49 CFR Materials of Trade 173.6(a) exception. Recent phone calls to the DOT Information Center in Washington D.C. have resulted in two different interpretations given to us Materials of Trade 173.6(a) regulation. concerning this exception. Therefore, I am asking for a written interpretation of the PPL Utilities, a subsidiary of PPL Corporation, is an electric distribution company hazardous materials transported on our vehicles are used in direct support of our (private motor carrier) serving the eastern and central areas of Pennsylvania. The principle business which is the distribution and generation of electric power. Under 173.6(a) Materials and Amounts: Are these amounts in regard to the gross mass Class/Division & Packing Group? (I.e. Could two or more 8-gallon containers of gasoline or capacity tor each package or the overall total amounts for the particulat be transported under the MOT exceptions as long as the total gross aggregate of all limited to one 8-galion container?). MOT do not exceed 440 pounds as per 173.6(d) or would the total gasoline quantity be • Another example under 173.6(a) Materials and Amounts: Could two or more containers of Fuses (Class 4 flammable solid) or Batteries, wet filled with acid, (Class 8), each the MOT gross aggregate weight of 440 pounds? container not exceeding 66lbs, be transported under the MOT exceptions not to exceed Can the Materials of Trade be transported from one company location to another company location under the 173.6 MOT regulations?#

Page 4Mr. Edward T. Mazzullo -2- August 26, 2002 restoration in other states (New Jersey, Maryland, New York) under the Mutual Aid Also, when a major storm emergency arises, PPL Utilities is called to help with storm Agreements with other utilities. Are there any additional Federal rules PPL must follow when transporting these Materials of Trade across state lines? accordance with the 173.6 regulations. PPL vehicle operators are informed of the presence of the hazardous materials in if you have any questions or concerns, I may be contacted at 484-634-4656. Thank you for your advice on this matter. Please forward your written response to: PPL TECHNICAL TRAINING CENTER Frederick A. Muthard 1639 Church Road Allentown, PA. 18104-9342 Sincerely, Frederick A. Muthard Technical Training Specialist#