DOT Compliance — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, D.C. 20590 400 Seventh Street, S.W. pipeline and Administration Hazardous Materials Safet DEC 19 2006 Mr. Clark W. Elliot: DOT Compliance Ref. No.: 06-0262 410 Urban Drive Hutchinson, KS 67501 Dear Mr. Elliott: definition of Material of Trade (MOT) in the Hazardous Materials Regulations (HMR; 49 This responds to your letter dated October 31, 2006, requesting clarification of the CFR Parts 171-180). You enclosed several photographs. accordance with §§ 171.8 and 173.6 of the HMR. You ask if your remote site power platform may be transported as a material of trade in The answer is no. A material of trade is a hazardous material, other than a hazardous including its auxiliary equipment; or (3) by a private motor carrier in direct support of a operator or passengers; (2) to support the operation of maintenance of the motor vehicle, principal business that is other than transportation by motor vehicle. Hazardous materials remote site power platform exceed the capacity and quantity restrictions applicable to MOTs. Safety Regulations (FMCSR) for fuel systems and used only for supplying fuel for the Note, however, that a fuel tank meeting the requirements in the Federal Motor Carrier operation of a motor vehicle or its auxiliary equipment is not subject to regulation under the HMR, including placarding, with respect to its use on the vehicle (see FMCSF requirements at 49 CFR 393.65, 393.67 (for liquid fuel tanks), and 393.69 (for I:quefied 111.8 060262 113.6#

Page 2petroleum gas systems)). Such tanks must conform to all applicable marking requirements and rust be maintained in accordance with NFPA/ASME stancards for fuel systems. I hope this satisfies your inquiry. If we can be of further assistance, please contact us Sincerely, Roma clo to / Chief, Standards Development Office of Hazardous Materials Standards#

Page 3ingram 5171 D'ekinition. DOT Compliance Ph 620-665-6088 410 Urban Dr. 06-0262 Fax 620-662-9010 Hutchinson, KS 67501 America needs America's oil. Office of Hazardous Materials Standards Research and Special Programs Administration Attn: DHM-10 US Department of Transportation 400 7' Street SW. Washington, DC 20590-0001 Date 10/31/2006 RE: Definitive request; Materials of Trade Sir: A. I am requesting clarification of the definition as stated in 49 CFR, Subchapter Materials of Trade means a hazardous material, other than hazardous waste, C, Hazardous Materials Regulation, Part 171.8, Definitions and abbreviations; that is carried on a motor vehicle-(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. Enclosed are 5 exhibits, A through E, that are photographs of a cornpany consists of a 43 foot tandem axle trailer that contains a 3,000 gallo: steel railer is a 300 KW diesel engine driven generator, (Center Exhibit B), with liesel tank at the rear of trailer. (Center left Exhibit A) In the center of the fuel being supplied from the diesel tank for engine operation. On the front of the trailer is a 500 gallon LPG tank directly behind a bulk oil dispenser tank C. All the equipment and tanks mounted on the trailer are permanently attached to the rails and frame of the trailer. (Exhibit C, D, and E). D. This power platform is assigned exclusively to support the electrical power demands of the rotary drilling unit while at remote locations in Kansas. The 1#

Page 4LPG tank is used as a fuel source for fall and winter operations for heaters contained in the ejaen denor sit The dal ouse LOnG an both the connected via an "umbilical" cord to the heating system for the "dog house". E. support for the rotary drilling unit. However, it does require a CMV tractor The power platform is not used for any other purpose other than as direct unit to move the trailer over public roads. The trailer is tagged, insured and meets all requirements of FMCSR Parts 393 and 396. F. My question is, does this power platform meet the definition of Materials of e exempt from hazardous material placarding requirements and drive rade as described in paragraph A, and if so, would this power platform als endorsements? G. I thank you for your time and guidance concerning this matter. Color CLARK W. ELLIOTT DOT Compliance Incl: Exhibit A,B,C,D,E. Cc: File 2#