AirTran Airways — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 1200 New Jersey Avenue, SE Washington, D.C. 20590 ipeline and Hazardol Administration aterials Safel OCT 2 9 2007 Maintenance Environmental/ Mr. Brian Badger Reference No. 07-0190 Safety Program Manager Hartfield Atlanta International Airport AirTran Airways P.O. Box 45320 Atlanta, GA 30320 Dear Mr. Badger: staff and your September 27, 2007 letter concerning the Materials of Trade (MOTs) definition This is in response to your September 24, 2007 telephone conversation with a member of my and exceptions prescribed in §§ 171.8 and 173.6, respectively, of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You ask if the MOTs exception applies when your public road in company-owned and employee-owned motor vehicles, and by aircraft if your employees transport hazardous materials and equipment containing hazardous materials by will be used to maintain or repair AirTran Airways aircraft and equipment. We have employees accompany these materials to their destination. You state these materials and parts paraphrased your questions and answered them in the order provided. Q1. May our employees use company-owned and employee-owned motor vehicles to transport hazardous materials and airplane parts that contain hazardous materials from an off-site location to an airport hangar or gate under the MOTs exceptions prescribed in items to their destination, do they qualify for the MOTs exception? § 173.6? If we transport these materials by aircraft and our employees accompany these Al. The MOTs exception applies to transportation in commerce by motor vehicle only on public roads and highways. It does not apply to hazardous materials offered or intended for transportation by aircraft. Therefore, provided all applicable provisions in §§ 171.8 materas and eguipment omaming awardous matrias in company-owned anardous employee-owned motor vehicles. When transporting these materials by aircraft, your company must package and transport them in conformance with the HMR's general requirements for transportation by aircraft prescribed in § 173.27, requirements for carriage of hazardous materials by aircraft 171.8 070190 1736#

Page 2prescribed in Part 175, and any additional applicable requirements specific to the hazardous material. In addition, the HMR authorizes, with certain exceptions, Instructions for the Transport of Dangerous Goods by Air if the hazardous material is compliance with the International Civil Aviation Organization's (ICAO's) Technical offered or intended for transportation by aircraft, and by motor vehicle either before or after being transported by aircraft. These provisions are contained in new Subpart C of Part 171 [72 FR. 25161, 5/3/07, Docket No. PHMSA-2005-23141(HM-215F)]. This subpart incorporates and revises the HMR's provisions for the use of international standards that were previously contained in §§ 171.11-171.12a. Q2. In § 171.8 of the HMR, paragraph (3) in the definition of a MOT includes a "hazardous material, other than a hazardous waste, that is carried in a motor vehicle 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." Does this mean that AirTran Airways is considered a private motor carrier when its employees transport MOTs in accordance with the HMR in company-owned and employee-owned motor vehicles? A2. The answer is yes. I hope this satisfies your request. Sincerely, Hattie L. Mitchell, Chief Office of Hazardous Materials Standards Regulatory Review and Reinvention#

Page 3Edmonson $ 171-8 § 173.6 Definitions, MOTe September 27, 2007 07-0190 Mr. Edward Mazzullo, Director Hazardous Material Standards 1200 New Jersey Avenue, South East U.S. DOT PHMSA Washington, DC 20590 Subject: Interpretation of Material of Trade Exception (49 CFR, Section 173.6) and Definition of Material of Trade (49 CFR, Section 171.8), Dear Mr.: Mazzullo: our maintenance operations. Le une al, here erin of a core sed to comp a un at al rade are is Hazard 1) ip any dote mazalous aterialt Wall a be dons parted laned by a rained epiye boot cate priy to placing the material or the rear this perso were come art are or a re abbreviations, Material of trade means a hazardous material, other than a hazardous waste, that is 2) Also, in Section 171.8 General Information, Regulations and Definitions, Definitions and airline industry? regulation. Please provide an interpretation for us that would ensure that we are complying with the intent of this If you have any questions or need additional information please contact me at 678-254-6299. Sincerely Panband AirTran Airways Maintenance Environmental /Safety Program Manager AirTran Airways Hartsfield Atlanta International Airport P.O. Box 45320 Atlanta, GA 30320#