URS Corporation — Hazardous Materials Safety Interpretation

Page 1- of Transportation U.S. Department 400 Seventh St., S.W. Research and NOV - 4 2003 Washington, D.C. 20590 Speciai Programs Administration Mr. Andrew N. Romach Regulatory Manager Ref. No. 03-0257 URS Corporation 1066 Perimeter Park Drive Morrisville, NC 27560 Dear Mr. Romach: This responds to your October 8, 2003 letter, requesting clarification on the materials of trade 171-180. Specifically, you ask if this exception applies to your scenario which is paraphrased (MOIS) exception under § 173.6 of the Hazardous Materials Regulations (HMR; 49 CFR Parts and answered as follows: supply houses (retail sale) where service technicians and other customers purchase parts to A manufacturer of heating, ventilation, and air conditioning (HVAC) equipment operates several install, service, and maintain the manufacturer's equipment. Some of the available parts meet the definition of a hazardous material (e.g., lubricants, sealants, paints, refrigerants). The supply house outfits a van as a mobile HVAC shop with various spare parts, including hazardous materials. It a driver transports this mobile shop out to a construction site, making those HVAC parts available for sale to the HVAC technicians working at the site, would that truck and driver be able to take advantage of the MOTS exception? The answer to your question is yes. The materials described in your scenario meet the definition for MOTS (§ 171.8). Provided all conditions in § 173.6 are met, the MOTS exception applies to the scenario you describe. I hope this answers your inquiry. Sincerely, Thas Saay Susan Gorsky Senior Transportation Regulations Specialist Office of Hazardous Materials Standards 030257 173.4#

Page 2FROM: URS CORP FAX NO: 9194611371 10-15-03 ฿3:48P P. 01 - URS Boothe $173.6 October 8, 2003 Material of Trade 03-0257 Mr. Ed Mazzullo, Director Oftice of Hazardous Material Standards U.S. Department of Transportation Rescarch and Special Prograns Administration FAX: (202) 366-3012 Washington, DC 20590-0001 Dear Mr. Mazzullo: Trade (MOTs) exception (49 CFR 173.6) would apply to the following scenario: I am writing to you to request a written regulatory interpretation concerning whether or not the Materials of houses (retail sale) where service technicians and other customers purchase parts to install, service, and A manufacturer of heating, ventilation, and air conditioning (HVAC) equipment operates soveral supply maintain the manufacturer's equipment. Some of the available parts meet the definition of a hazardous mobile HVAC shop with various spare parts (including HAZMAT). If a driver transports this mobile shop material (for example, certain lubricants, scalants, paints, refrigerants). The supply house outfits a van as a out to a construction site, making those HVAC parts available for sale to the HVAC technicians working at required by the definition of Material of Trade in 49 CFR 171.8, this activity is being conducted "By a the site, would that truck and driver be able to take advantage of the Materials of Trade exception? As vehicle!" The principal business, in this case, is selling HVAC parts, private motor carrier... in direct support of a principal business that is other than transportation by motor I would appreciate your clarification of this question. Sinemely Andrew N. Romach Regulatory Manager UR$ Corporation UR Corporas: Park Drive Tel: 919.461.1220 Morrisville. NC 27560 Fax: 919.461.1371 Andy_romach@urscorp.com#