Parts Plus Distribution Center — Hazardous Materials Safety Interpretation

Page 1• U.S. Department of Transportation 400 Seventh Street, S.W. Washington, D.C. 20590 Hazardous Materials Safety Pipeline and . NOV -1 2005 Administration Mr. Walter Kunz Ref. No. 05-0213 Parts Plus Distribution Center 7900 Excelsior Blvd Hopkins, MN 55436 Dear Mr. Kunz: This is in response to your September 9, 2005, letter requesting clarification of the materials of trade (MOTs) exception in § 173.6 of the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180). Specifically, you ask if an automotive parts distribution center employee, who delivers automobile parts and products that are hazardous materials, is eligible for the MOTs exception. Provided you meet the MOTs definition in § 171.8 and all applicable conditions in § 173.6, your employees may deliver the hazardous parts and products using the MOTs exception. I hope this satisfies your request. Sincerely, ' John A. Gale tin. Chief, Standards Development Office of Hazardous Materials Standards 173.6 050213#

Page 2Gorsky, Susan <PHMSA> From: To: Sent: Friday, September 09, 2005 9:18 AN Mazzullo, Ed <PHMSA> BAH Subject: FW: Material of Trade Exemption Gorsky, Susan <PHMSA> $113.6 trade.doc (20 ... dot material of 85-0213 Please handle. From: WalterKunz@kunzoil.com [mailto:WalterKunz@kunzoil.com] -----Original Message----- To: Mazzullo, Sent: Thursday, September 08, Ed < PHMSA> 2005 6:52 Cc: MicheleWagman@kunzoil.com Subject: Material of Trade Exemption Dear Sir, I recently sent the attached letter through the proper channels. from the staff member reviewing our request who stated that we did fall within the I received a phone call letter but I was wrong, and I did not write down the name or phone number of your staff to guidelines for the material of trade exemption. I assumed that we would get a follow up Since we have recently had a DOT audit and did have some deficiencies that the material of acknowledgment in writing that we do fall under that exemption. trade exclusion would have partially mitigated, it seems prudent that I get some which confirms our exemption. Should I resend the request, or can you find the reviewer and have them send me something I apologize for taking up your time. Thank You Walter Kunz The Kunz Oil Company <<dot material of trade.doc>>#