West Marine Products, Inc. — Hazardous Materials Safety Interpretation

Page 1400 Sieventh Street, S.W. Washington, D.C. 20590 Pipeline and Administration Hazardous Materials Safety JUN 6 2006 Mr. Todd A. Nash West Marine Products, Inc. Director, Regulatory Compliance Reference No. 06-0075 500 Westridge Drive Watsonville, CA 95076 Dear Mr. Nash, This is in response to your March 24, 2006 letter requesting clarification on whether your retail organization's employees may routinely deliver hazardous materials to your store (MOTs) exceptions prescribed in §§ 171.8 and 173.6 of the Hazardous Materials and customer locations using private and for-hire vehicles under the Materials of Trade of inventory or to fulfill an existing sale. We have paraphrased your questions and Regulations (HMR; 49 CFR Parts 171-180). You stated these items are for replenishment answered them in the order provided. Q1. The wholesale business utilizes private company vehicles and drivers to deliver sold goods and return unwanted items from customer locations. May those drivers use the MOTs exception under these circumstances if the hazardous materials meet the MOTs definition prescribed in § 171.8 and comply with applicable requirements under § 173.6? A1. Yes. Under the HMR, one of the defining conditions for MOTs is a hazardous material, other that a hazardous waste, transported by a private motor carrier in direct support of a principal business that is other than transportation by motor vehicle. If a wholesale business uses its own vehicles and drivers to transport goods to and from customer locations, then the MOTs exception in § 173.6 may be utilized. Note, however, that if the wholesale company hires a motor carrier to apply. transport goods to and from customer locations, the MOTs exception dces not Q2. May the drivers transport hazardous materials products marked with the proper shipping description "Consumer commodity, ORM-D" under the MOTs exception requirements under $ 173.6? provided they comply with the definition for MOTs under § 171.8 and applicable A2. Yes. Consumer commodities that conform to the HMR requirements applicable to MOTs may be transported as MOTs. 171.8 HHHH INHI 173.6 060075#

Page 2Q3. Many of the items to be transported are not eligible for the limited quantity or consumer commodity exceptions under the HMR (e.g., a 1 gallon can of acetone). Provided a package containing these materials conforms to the MOTs requirements prescribed in §$ 171.8 and 173.6, and the weight of MOTs aboard the motor vehicle does not exceed 220 kg (440 pounds), would the package be eligible for the MOTs exceptions? A3. Yes. Q4. May a store associate transport hazardous materials in his or her own vehicle between stores or to a customer location using the MOTs exceptions provided the requirements under § 173.6? packages comply with the definition for MOTs under § 171.8 and applicable A4. Yes. See Answer Al above. I hope this information is helpful. Sincerely, Susan Gorsky Office of Hazardous Materials Standards Regulations Officer#

Page 3Filmonson §173.6 / West Marine MOT March 24, 2006 06-0075 U.S. Department of Transportation Office of Hazardous Materials Standards (PHH-10) Pipeline and Hazardous Materials Safety Administration 400 7" Street, S.W. Washington, DC 20590-0001 Re: Applicability of 173.6 to retailers To: Susan Gorsky, Regulations Officer Materials of Trade exception covered under 49 CFR, Sections 171.8 & 173.6. West Marine has questions regarding a This letter is to follow-up on the phone conversation we had on March 24, 2006 concerning compliance with the previous interpretation you provided in the August 23, 2005 letter to Mark U. DuBois at Reichold (Ref No. 01-0012). using both private and for hire vehicles. These products are either for replenishment of inventory or to fulfill an existing sale. West Marine would like to request an official letter of interpretation from your office clarifying the questions below. 1. The wholesale business utilizes private company vehicles and drivers to deliver sold goods and return unwanted the hazardous materials meet the MOTs definition in §171.8 and all applicable conditions of $173.6? items from customer locations. May those drivers utilize the MOTs exception in these circumstances assuming 2. May the drivers transport products marked "Consumer Commodity ORM-D" as their common or proper shipping name under the MOTs exceptions assuming the hazardous materials meet the MOTs definition in §171.8 and all applicable conditions of §173.6? 3. Many of the items transported would not be eligible for the Limited Quantity or Consumer Commodity ORM-D ssuming the hazardous materials meet the MOTs definition in §171.8 and all applicable conditions of §173.6 rovision (e.g. 1 gallon can of acetone). Would a package with these products be acceptable under MOT 4. May a store associate transport a hazardous material in their own vehicle between stores or te a customer location assuming the hazardous materials meet the MOTs definition in $171.8 and all applicable conditions of §173.6? to contact me at (831) 761-4470. I look forward to your response. Should you have any questions or require additional information, please do not hesitate Very truly yours, Jold A Mash Todd A. Nash Director of Regulatory Compliance West Marine Products Inc Page 1 of 1#