Kelly Infinity — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave, SE Washington, D.C. 20590 DEC 22 2010 Mr. Jeff Brown Kelly Infinity 155 Andover Street Danvers, MA 01923 Ref. No. 10-0234 Dear Mr. Brown: This responds to your October 29,2010 request for clarification on the materials of trade (MOT) exception under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). According to your letter, your company is a small auto dealership that delivers a small quantity of Class 9 items, e.g., seat belts/air bags by your own van, along with other auto parts. You ask if these activities performed by your non transportation-related company qualify for the MOT exception. The answer is y~s. The HMR define a MOT as hazardous material, other than a hazardous waste, that is carried on a motor vehicle by a private motor carrier in direct support of a principal business that is other than transportation by motor vehicle. Provided all requirements of § 173.6 are met, you may utilize the MOT exception for the transportation ofthe Class 9 materials, including seat belts/air bags. I hope this answers your inquiry. If you need additional assistance, please contact this Office at 202366-8553. Sincerely, 1i-:5~ Ben Supko Acting Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2Drakeford, Carolyn (PHMSA) From: INFOCNTR (PHMSA) Sent: Friday, October 29, 2010 1 :27 PM To: Drakeford, Carolyn (PHMSA) Cc: DerKinderen, Dirk (PHMSA); Lucas, Adam CTR (PHMSA) Subject: FW: Hazmat Safety Feedback: Other Hi Carolyn, We received the following request for a formal letter of interpretation at the Info Center. Thanks, Victoria Lehman 282-366-HB5 -----Original Message----From: HMIS (PHMSA) Sent: Friday, October 29, 2818 6:31 AM To: INFOCNTR (PHMSA) Subject: FW: Hazmat Safety Feedback: Other -----Original Message----From: PHMSA-Feedback [mailto:PHMSA-Feedback] Sent: Thursday, October 28, 2818 18:02 AM To: HMIS (PHMSA); PHMSA Webmaster Subject: Hazmat Safety Feedback: Other Written interpretation requested. We are a small auto dealership that delivers on occasion a small quantity of class 9 items (seat belts I air bags) by private carrier (our own van) along with all the other auto parts we deliver. My question is does materials of trade apply to my situation. example (3)by private motor carrier (including vehicles operated by a rail carrier)in direct support of a principal business other than transportation by a motor vehicle. Materials of trade exceptions include class 9 items but it is unclear whether this applies to our situation Name: jeff brown Organization: kelly Email: proparts03@yahoo.com Phone: 978 257 3935 FAX: 978 750 6962 1#