{"operation":"document","citation":"07-0190","title":"AirTran Airways — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-10-29","effective_on":null,"summary":"07-0190 response to AirTran Airways concerning 171.8, 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0190.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0190.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0190","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070190.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nipeline and Hazardol\nAdministration\naterials Safel\nOCT 2 9 2007\nMaintenance Environmental/\nMr. Brian Badger\nReference No. 07-0190\nSafety Program Manager\nHartfield Atlanta International Airport\nAirTran Airways\nP.O. Box 45320\nAtlanta, GA 30320\nDear Mr. Badger:\nstaff and your September 27, 2007 letter concerning the Materials of Trade (MOTs) definition\nThis is in response to your September 24, 2007 telephone conversation with a member of my\nand exceptions prescribed in §§ 171.8 and 173.6, respectively, of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180). You ask if the MOTs exception applies when your\npublic road in company-owned and employee-owned motor vehicles, and by aircraft if your\nemployees transport hazardous materials and equipment containing hazardous materials by\nwill be used to maintain or repair AirTran Airways aircraft and equipment. We have\nemployees accompany these materials to their destination. You state these materials and parts\nparaphrased your questions and answered them in the order provided.\nQ1. May our employees use company-owned and employee-owned motor vehicles to\ntransport hazardous materials and airplane parts that contain hazardous materials from an\noff-site location to an airport hangar or gate under the MOTs exceptions prescribed in\nitems to their destination, do they qualify for the MOTs exception?\n§ 173.6? If we transport these materials by aircraft and our employees accompany these\nAl.\nThe MOTs exception applies to transportation in commerce by motor vehicle only on\npublic roads and highways. It does not apply to hazardous materials offered or intended\nfor transportation by aircraft. Therefore, provided all applicable provisions in §§ 171.8\nmateras and eguipment omaming awardous matrias in company-owned anardous\nemployee-owned motor vehicles.\nWhen transporting these materials by aircraft, your company must package and transport\nthem in conformance with the HMR's general requirements for transportation by aircraft\nprescribed in § 173.27, requirements for carriage of hazardous materials by aircraft\n171.8\n070190\n1736\n\n<<<PAGE 2>>>\n\nprescribed in Part 175, and any additional applicable requirements specific to the\nhazardous material. In addition, the HMR authorizes, with certain exceptions,\nInstructions for the Transport of Dangerous Goods by Air if the hazardous material is\ncompliance with the International Civil Aviation Organization's (ICAO's) Technical\noffered or intended for transportation by aircraft, and by motor vehicle either before or\nafter being transported by aircraft. These provisions are contained in new Subpart C of\nPart 171 [72 FR. 25161, 5/3/07, Docket No. PHMSA-2005-23141(HM-215F)]. This\nsubpart incorporates and revises the HMR's provisions for the use of international\nstandards that were previously contained in §§ 171.11-171.12a.\nQ2.\nIn § 171.8 of the HMR, paragraph (3) in the definition of a MOT includes a \"hazardous\nmaterial, other than a hazardous waste, that is carried in a motor vehicle by a private\nmotor carrier (including vehicles operated by a rail carrier) in direct support of a principal\nbusiness that is other than transportation by motor vehicle.\" Does this mean that AirTran\nAirways is considered a private motor carrier when its employees transport MOTs in\naccordance with the HMR in company-owned and employee-owned motor vehicles?\nA2.\nThe answer is yes.\nI hope this satisfies your request.\nSincerely,\nHattie L. Mitchell, Chief\nOffice of Hazardous Materials Standards\nRegulatory Review and Reinvention\n\n<<<PAGE 3>>>\n\nEdmonson\n$ 171-8\n§ 173.6\nDefinitions, MOTe\nSeptember 27, 2007\n07-0190\nMr. Edward Mazzullo, Director\nHazardous Material Standards\n1200 New Jersey Avenue, South East\nU.S. DOT PHMSA\nWashington, DC 20590\nSubject: Interpretation of Material of Trade Exception (49 CFR, Section 173.6) and\nDefinition of Material of Trade (49 CFR, Section 171.8),\nDear Mr.: Mazzullo:\nour maintenance operations.\nLe une al, here erin of a core sed to comp a un at al rade are is Hazard\n1) ip any dote mazalous aterialt Wall a be dons parted laned by a rained epiye boot\ncate priy to placing the material or the rear this perso were come art are or a re\nabbreviations, Material of trade means a hazardous material, other than a hazardous waste, that is\n2) Also, in Section 171.8 General Information, Regulations and Definitions, Definitions and\nairline industry?\nregulation.\nPlease provide an interpretation for us that would ensure that we are complying with the intent of this\nIf you have any questions or need additional information please contact me at 678-254-6299.\nSincerely\nPanband\nAirTran Airways\nMaintenance Environmental /Safety Program Manager\nAirTran Airways\nHartsfield Atlanta International Airport\nP.O. Box 45320\nAtlanta, GA 30320","truncated":false,"body_characters":4864}