{"operation":"document","citation":"07-0066","title":"Network Environmental Systems — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-05-15","effective_on":null,"summary":"07-0066 response to Network Environmental Systems concerning 173.159, 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0066.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0066.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0066","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070066.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nHazardous Materials Safety\nPipeline and\nAdministration\nMAY 15 2007\nMr. Earl Thomas\nNetwork Environmental Systems\nRef. No. 07-0066\n1141 Sibley Street\nFolsom, CA 95630\nDear Mr. Thomas:\nThis is in response to your March 22, 2007 letter requesting clarification of the\nrequirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nSpecifically, you inquire about the applicability of the \"materials of trade\" exceptions.\nA \"material of trade\" is defined as a hazardous material, other than a hazardous waste,\nthat is carried on a motor vehicle: (1) to protect the health and safety of the operator or\nauxiliary equipment; or (3) by a private motor carrier (including vehicles operated by a\npassengers; (2) to support the operation or maintenance of the motor vehicle, including its\nrail carrier) in direct support of a principal business that is other than transportation by\nmotor vehicle.\nYour questions are paraphrased and answered as follows:\nQ1. Is § 173.6 applicable to the transport of an aircraft battery (i.e., a lead acid\nmaintenance shop or from an aircraft to a different location for repackaging and\nbattery) in a motor vehicle, owned and operated by an airline, from an aircraft to\nsubsequent shipment?\nAl.\neligible for \"materials of trade\" exceptions under § 173.6 because it satisfies the third\nYes, under the scenario described in the question, the transport of the battery is\ncondition in the definition of a \"material of trade.\" A hazardous material transported in\nconformance with § 173.6 is not subject to any other requirements in the HMR besides\nthose set forth or referenced in the section. You should be aware that if the battery is\nrepackaged and transported using a commercial carrier, it is no longer eligible for the\n\"materials of trade\" exceptions. Additionally, the transport of the lead acid battery ma\nelectric storage batteries containing electrolytes are not subject to the HMR for\nbe eligible for exceptions under § 173.159. Specifically, section 173.159(e) provides that\ntransported in the same vehicle; the batteries are loaded and braced so as to prevent\ntransportation by highway (or rail) provided that no other hazardous materials are\ndamage and short circuits in transit; any other material loaded in the same vehicle must\nbe blocked, braced, or otherwise secured to prevent contact with or damage to the\n173.6\n173.159\n070066\n\n<<<PAGE 2>>>\n\nbatteries; and the transport vehicle may not carry material shipped by any person other\nthan the shipper of the batteries.\na motor vehicle, owned and operated by an airline, from an aircraft to a location for\nQ2. Is $ 173.6 applicable to the transport of a life raft (i.e., a \"Life-saving appliance\") in\nrepackaging and subsequent shipment? Would § 173.6 be applicable if a courier was\nused in place of an airline owned and operated vehicle?\nappliance, self inflating,\" UN2990, for example, is eligible for \"materials of trade\"\nA2. Yes. A Class 9 material such as a life raft properly classified as a \"Life-saving\nexceptions when a commercial carrier (or a contracted driver) is used because this\nexceptions in § 173.6. The transport of the life raft is not eligible for \"materials of trade\"\ntransport does not meet one of the three conditions for defining a \"material of trade.\"\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely,\n(Crite Has or leman sundards\n\n<<<PAGE 3>>>\n\nJarman, Erin <PHMSA>\nSent:\nFrom:\nMannion, Doreen <PHMSA>\nSubject:\nTo:\nINFOCNTR <PHMSA>\nThursday, March 22, 2007 10:10 AM\nDer Kinderen\nFW: Web Site Feedback\n3173.6\n$173.159\nMOT/ Battery\n----Original Message---- -\n07-0066\nFrom: ethomas@networkenvironmental.com [mailto:ethomas@networkenvironmental.com]\nTo: HMIS < PHMSA>\nSent: Thursday, March 22, 2007\n10:11 AM\nSubject: Web Site Feedback\n(ethomas@networkenvironmental.com)\nIt was submitted by Earl Thomas\nMarch 22, 2007 at 10:10:45.\nEmail:ethomas@networkenvironmental.com\nName: Earl Thomas\n1141 Sibley St,\nMessage Type: Other\ntolsom, CA 15630\norganization: Network Environmental Systems, Inc.\nPhone:\n916-439-2937\nDepartment of Transportation (DOT), regarding\nor subsequent shipment. 173.159(e\nircraft to a maintenance shop fo\nservicing or take ifferge can for packagin\naforementioned destinations falls under the DOT's\nIf rementioned destinationg tands under the bor scurer steade plane and and,\nmovement of the battery from the aircraft to\nprovided that the applicable requirements contained in this exception are adhered to,\nto the Hazardous Materials Regulations (HMR) •\nthe locations mentioned above is not subiect\nThe battery, as well as the motor vehicle used to transport the battery, are owned by the\n• second question, yet similar, can a life raft, used by an airline as a \"life-saving\nTrade provision, to be packed for shipment pursuant to the HMR? And...would the exceptior\npoliance\" (Class 9) be transported from an aircraft to a location under the Materials oi\nstill apply if a courier was used that was not employed by the airlines:\nrecertification.\nIn this latter scenario, the life raft is being returned to the manufacturer for\nYour professional support is greatly appreciated.\n1","truncated":false,"body_characters":5265}