Network Environmental Systems — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, D.C. 20590 400 Seventh Street, S.W. Hazardous Materials Safety Pipeline and Administration MAY 15 2007 Mr. Earl Thomas Network Environmental Systems Ref. No. 07-0066 1141 Sibley Street Folsom, CA 95630 Dear Mr. Thomas: This is in response to your March 22, 2007 letter requesting clarification of the requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you inquire about the applicability of the "materials of trade" exceptions. A "material of trade" is defined as a hazardous material, other than a hazardous waste, that is carried on a motor vehicle: (1) to protect the health and safety of the operator or auxiliary equipment; or (3) by a private motor carrier (including vehicles operated by a passengers; (2) to support the operation or maintenance of the motor vehicle, including its rail carrier) in direct support of a principal business that is other than transportation by motor vehicle. Your questions are paraphrased and answered as follows: Q1. Is § 173.6 applicable to the transport of an aircraft battery (i.e., a lead acid maintenance shop or from an aircraft to a different location for repackaging and battery) in a motor vehicle, owned and operated by an airline, from an aircraft to subsequent shipment? Al. eligible for "materials of trade" exceptions under § 173.6 because it satisfies the third Yes, under the scenario described in the question, the transport of the battery is condition in the definition of a "material of trade." A hazardous material transported in conformance with § 173.6 is not subject to any other requirements in the HMR besides those set forth or referenced in the section. You should be aware that if the battery is repackaged and transported using a commercial carrier, it is no longer eligible for the "materials of trade" exceptions. Additionally, the transport of the lead acid battery ma electric storage batteries containing electrolytes are not subject to the HMR for be eligible for exceptions under § 173.159. Specifically, section 173.159(e) provides that transported in the same vehicle; the batteries are loaded and braced so as to prevent transportation by highway (or rail) provided that no other hazardous materials are damage and short circuits in transit; any other material loaded in the same vehicle must be blocked, braced, or otherwise secured to prevent contact with or damage to the 173.6 173.159 070066#

Page 2batteries; and the transport vehicle may not carry material shipped by any person other than the shipper of the batteries. a motor vehicle, owned and operated by an airline, from an aircraft to a location for Q2. Is $ 173.6 applicable to the transport of a life raft (i.e., a "Life-saving appliance") in repackaging and subsequent shipment? Would § 173.6 be applicable if a courier was used in place of an airline owned and operated vehicle? appliance, self inflating," UN2990, for example, is eligible for "materials of trade" A2. Yes. A Class 9 material such as a life raft properly classified as a "Life-saving exceptions when a commercial carrier (or a contracted driver) is used because this exceptions in § 173.6. The transport of the life raft is not eligible for "materials of trade" transport does not meet one of the three conditions for defining a "material of trade." I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, (Crite Has or leman sundards#

Page 3Jarman, Erin <PHMSA> Sent: From: Mannion, Doreen <PHMSA> Subject: To: INFOCNTR <PHMSA> Thursday, March 22, 2007 10:10 AM Der Kinderen FW: Web Site Feedback 3173.6 $173.159 MOT/ Battery ----Original Message---- - 07-0066 From: ethomas@networkenvironmental.com [mailto:ethomas@networkenvironmental.com] To: HMIS < PHMSA> Sent: Thursday, March 22, 2007 10:11 AM Subject: Web Site Feedback (ethomas@networkenvironmental.com) It was submitted by Earl Thomas March 22, 2007 at 10:10:45. Email:ethomas@networkenvironmental.com Name: Earl Thomas 1141 Sibley St, Message Type: Other tolsom, CA 15630 organization: Network Environmental Systems, Inc. Phone: 916-439-2937 Department of Transportation (DOT), regarding or subsequent shipment. 173.159(e ircraft to a maintenance shop fo servicing or take ifferge can for packagin aforementioned destinations falls under the DOT's If rementioned destinationg tands under the bor scurer steade plane and and, movement of the battery from the aircraft to provided that the applicable requirements contained in this exception are adhered to, to the Hazardous Materials Regulations (HMR) • the locations mentioned above is not subiect The battery, as well as the motor vehicle used to transport the battery, are owned by the • second question, yet similar, can a life raft, used by an airline as a "life-saving Trade provision, to be packed for shipment pursuant to the HMR? And...would the exceptior poliance" (Class 9) be transported from an aircraft to a location under the Materials oi still apply if a courier was used that was not employed by the airlines: recertification. In this latter scenario, the life raft is being returned to the manufacturer for Your professional support is greatly appreciated. 1#