Mr. Lloyd Heacock — Hazardous Materials Safety Interpretation

Page 1: of Transportation U.S. Department 400 Seventh St., S.W. Washington, D.C. 20590 Special Programs Research and APR 16 2004 Administration Mr. Lloyd Heacock Reference No.: 03-0223 3219 Lowden Street Kalamazoo, MI 49008-4603 Dear Mr. Heacock: This is in response to your September 5, 2003 letter and subsequent telephone conversations with members of my staff regarding the applicability of the Hazardous Materials Regulations (HMR; 19 CFR Parts 171-180). Specifically, you ask whether a five-gallon container of gasoline ransported on public roads, in a company vehicle, for personal use is subject to the requirements of the HMR. You state that the gasoline was intended to be used to fill the gas tank of your personal vehicle. The answer is yes. As specified in § 171.1, the HMR govern the transportation of hazardous materials in intrastate, interstate and foreign commerce. Accordingly, hazardous materials that However, under the scenario described in your letter, although the gasoline was for personal use, are transported by persons for personal use in their personal vehicles are not subject to the HMR. it was placed onto a commercial vehicle and transported on a public road. The transportation is, therefore, "in commerce," and the gasoline is subject to the requirements of the HMR. You also asked whether the materials of trade exception (MOT) applies to this scenario. The answer is yes, the MOT exception applies to the scenario you described, provided all applicable provisions in §§ 171.8 and 173.6 are met. The definition of MOT in § 171.8 states: [a] motor vehicle - A Material of trade means a hazardous material, other than a hazardous waste, that is carried on (1) For the purpose of protecting the health and safety of the motor vehicle operator or passenger; (2) For the purpose of supporting the operation or maintenance of a motor vehicle (including auxiliary equipment); or (3) By a private motor carrier (including vehicles operated by a rail carrier) in direct support of a principal business that is other than transportation by motor vehicle. 111.8 030223 113.l#

Page 2It is our opinion that the definition, specifically item (2), covers the carriage of gasoline in the scenario you describe and, therefore, the MOT exception applies if all provisions for MOT in § 173.6 are met. I hope this satisfies your inquiry. If we can be of further assistance, please contact us. Sincerely, Hothe z. Michell Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 309/05/2003 13:22 2693823505 PAGE 01 Earle M. Jorgensen Company FAX 1 202-366-3012 Betts 5171.8(2) $173.6 EMY Applicability TO: EDWARD MAZZULLO 03-0223 DATE: DIRECTOR, OFFICE OF HAZARDOUS MATERIAL STANDERDS US DOT MY NAME IS PLOTD HEACOCK OF KALAMAZOO, MICHIGAN I DRIVEA FLAT BED TRACTOR TRAILER HAULING VARIOUS BARS OF STEEL. I AM REQUESTING A FORMAL QUIDANCE RESPONSE REGARDING THE TRANSPORTATION OFA FIVE GALLON GAS CAN FOR MY OWN PERSONAL USE. WOULD THIS BE CONSIDERD IN COMMERCE, IF SO WOULD THIS QUALIEY AS A MATERIAL OF TRADE EXCEPTION UNDER DEEINITION 171,8 (2) WHERE II STATES, FOR THE PURPOSE OF SUPPORIING THE OPERATION OR MAINTENANCE OF A MOTOR VEHICLE. IS THIS LEGAL TO DOI IF YOU HAVE ANT QUESTIONS WHATSOEVER PLEASE CALL ME AT THE FOLLOWING NUMBERS (269)324-4867 CR 1 (269) 344-4882 PLEASE RETURN CORRESPONDENCE TO LLOYD HEACOCK 3219 LOWDEN ST KALAMAZOO MI. 49008=4603 EMI - Making a material difference.#