Mr. Steve Thinnes — Hazardous Materials Safety Interpretation

Page 1400 Seventh St., S.W. Research and Washington, D.C. 20590 Special Program: dministration OCT 2 9 2003 MI. Steve Ihinnes Ref. No. 03-0202 3600 Pammel Creek Ro a Crosse, WI 54601-7599 Dear Mr. Thinnes: This is in response to your letter of August 05, 2003, concerning Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). the definition of "transportation in commerce" under the Intra-plant movement of a hazardous material that takes place within a contiguous plant boundary is not subject to the HMR. subject to the HMR during that portion of the movement. However, movement that utilizes or crosses a public road is I hope this satisfies your request. Sincerely, Office of Hazardous Materials Standards 171.1 030202#

Page 2TRANE" BAH Phot marican Commercial droup go an i red 00) $171.1 August 5, 2003 Applicability Mr. Delmer F. Billings Chief, Regulations Development 03-0202 Office of Hazardous Materials Standards U.S. Dept. of Transportation (RSPA) 400 Seventh St., S.W. Washington, D.C. 20590 Good Morning Mir. Billings: Please provide written response regarding the applicability of "hazardous materials transported in commerce" as found under HMR; 49 CFR Part 171.1. Specifically, what is the ruling relative to intra-plant movement of hazardous materials - i.e. between different buildings utilizing public road(s) ? Under our scenario, we receive hazardous materials at one building and this material is put into storage until it is needed at another building location. Often, to get to these (other) buildings we must travel on a public road that crosses-through our facility complex. We use our own company forklifts to transport these chemicals. The subject hazardous material(s) are used in our manufacturing processes and do not become part of our finished product. Would requirements for shipping papers and/or placarding apply? Secondly, does the U.S. DOT have a definition for "contiguous boundary/property", and if so, what is that definition? Would this apply is our situation? Thank you in advance for your response. Please call me (or email if you need any additional information. Best regards, Trane, a division of American Standard Steve Shimme Steve Thinnes, CHMA Environmental Program Manager Ph: 608/787-2466 Email: sthinnes@trane.com An American-Standard Company#