National Oceanic & Atmospheric Administration — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 1200 New Jersey Avenue, SE Washington, D.C. 20590 Materinals Sat Hazardous Administration AUG 3 2007 Mr. Dan Poulos National Oceanic & Atmospheric Administration Ref. No. 07-0065 3500 Delwood Beach Road Panama City Beach, FL Dear Mr. Poulos: This responds to your March 28, 2007 letter requesting clarification on the materials of trade (MOTS) exception in §173.6 under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if government contractors in support of (ethanol) on public roads may use the exception if they meet the provisions in §173.6. government research activities transporting less than 200 kg of a Class 3 material The answer is yes. One criterion for using the MOTS exception, as defined in §171.8, is that the hazardous material must be transported by a private carrier in direct support of its principal business, which may not be transportation by motor vehicle. A government contractor that supports government research activities may transport hazardous material under the MOTS exception provided the contractor's principal business is not transportation. If you transport a Class 3 material (ethanol) under the MOTS exception, it must be contained in a packaging having a gross mass or capacity not over 30 kg (66 pounds) or 30 L (8 gallons) for a Packing Group II or III material. Packagings must be leak tight and be securely closed, secured against movement, and protected against damage. Except for diluted mixtures meeting the requirements of §173.6(a)(1)(iii), the aggregate gross weight of all materials of trade on a motor vehicle may not exceed 200 kg (440 pounds). I hope this answers your inquiry. Sincerely, Chief, Standards Development Office of Hazardous Materials Standards 173.6 070065#

Page 2VUILUIVI "LIN 14 ad ГАД Boothe § 173.6 NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION MOT 07-0065 FACSIMILE TRANSMITTAL SHEET TO: Office of Hazardous Materials Standards FROMan Poulos (Dan. Poulos@noa.gov) COMPANY: US DOT RSPA DAY 3128/2007 FAX NUMBER: 202-366-3012 TOTAL NO. OF PAGES INGLUDING COVER. PHONE NUMBER SENDER'S REFERENCE NUMBER: RE: 49 CFR 173.6 YOUR REFERENCE NUMBER: NA • URGENT • FOR REVIEW • PLEASE COMMENT X PLEASE REPLY • PLEASE RECYCLE NOTESICOMMENTS: Dear Sir, Materials of Trade (MOT) under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Please find the below request for clarification on the provisions for transporting hazardous Can govemment contractors in support of govemment research activities claim the MOT exemption to requirements contained in 49 CFR 173.62 transport less then 200 kg of a Class 3 material (ethanol) on public roads as long as they meet those Sincerely, Dan Poulos ES&H Officer 3500 DELWOOD BEACH ROAD • PANAMA CITY BEACH - FL PHONE 8501234-8541 • FAX 8501234-2492#