Scopelitis, Garvin, Light, Hanson & Feary, P.C. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 SEP 2 5 2013 Mr. Brandon K. Wiseman Attorney for Rotel North American Tours, LLC Scopelitis, Garvin, Light, Hanson & Feary, P.C. 10 West Market Street, Suite 1500 Indianapolis, IN 46204 Ref. No. 13-0174 Dear Mr. Wiseman: This responds to your August 21, 2013, letter regarding the applicability of the materials of trade exception under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically you ask ifthe small propane tank (i.e., less than 20 pounds) used to power a stove that is stowed on a tour bus in an exterior built-in kitchenette would meet the definition of a "material of trade" as specified in§ 171.8. Furthermore, you ask if this propane stove would qualify for the materials of trade exception in§ 173.6 and would exempt your client from the hazardous materials training and shipping paper requirements set forth in parts 1 72 and 1 77. The answer is no. As defined in § 171.8, material of trade means ''a hazardous material, other than a hazardous waste, that is carried on a motor vehicle-(1) For the purpose of protecting the health and safety of the motor vehicle operator or passengers; (2) For the purpose of supporting the operation or maintenance of a motor vehicle (including its auxiliary equipment); or (3) 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." The stove does not satisfy the requirements of the material of trade definition in§ 171.8 for the following reasons: 1. The propane stove does not protect the health and safety of the motor vehicle operator or passengers; 2. The stove and its respective propane tank is not considered "auxiliary equipment" in that "auxiliary equipment" in this definition means that the equipment must provide supplementary or additional help and support to operate or maintain the motor vehicle itself, not equipment for the purpose of heating food for passengers on the motor vehicle; and 3. Your client is not a private motor carrier.#

Page 2I hope this information is helpful. If you have further questions, please contact this office. Sincerely, Robert Benedict Chief, Standards Development Standards and Rulemaking Division#

Page 3•• 10 West Market Street Suite 1500 Indianapolis, IN 46204 BRANDON K. WISEMAN bwisernan(il•scopclitis.com The full .Jervice traruportation law firm August 21, 2013 Main (317) 637-1777 Fax (317) 687-2414 (), Donre II & 113. & /;)1/.8 M.akrtaf, of Trade_ bcep~ons I~- Dl14 U.S. DOT PHMSA Office of Hazardous Materials Standards Attn: PHH -10 East Building 1200 New Jersey Avenue, SE Washington, DC 20590-0001 Re: Request for Official Interpretation Dear Sir/ Madam: My firm represents Rotel North American Tours, LLC ("Rotel"), which is the North American affiliate of an international cooperation that offers bus tours in over 110 countries including the United States. Rotel offers a unique touring experience to German citizens interested in visiting North America. Rotel customers fly from Germany to the United States or Canada and travel for two or more weeks in customized tour buses that include accommodations for dining and sleeping. Rotel prides itself on offering the highest quality service to its customers, including preparing and serving German meals while in transit. Rotel's fleet of tour buses is specially designed and manufactured in Europe to meet these needs. Each bus is equipped with interior sleeping compartments and an exterior built-in kitchenette. The kitchenette includes a pull-out stove, which is powered by a small (i.e., less than 20 lbs.) propane tank, which is stored alongside the kitchenette and away from the passengers. Photographs of Rotel's kitchenette and stove are attached hereto as Exhibit A. Rotel seeks clarification from PHMSA as to whether its transportation of limited quantities of propane, as described above, qualifies for the "materials of trade" exception, 49 C.F.R. §§ 171.8 and 173.6, to the Hazardous Materials Regulations ("HMRs"), such that Rotel would be exempt from the employee training and shipping paper requirements of Subpart H of 49 C.F.R. Part 172 and Subpart A of 49 C.F.R. Part 177, respectively. Indianapolis, Chicago" I). c:. o I~os SERVICES OUTS! DE CALIFORNIA AND MICHlGAN PROVIDED BY SCOPELITIS, GARVIN. LIGHT. HANSON & FEARY, PROFESSIONAL CORPORATION SERVICES !N MICHIGAN PROVIDED BY SCOPELITIS, GARVIN. LIGHT. HANSON & FEARY. PROFESSIONAL LIMITED L!ABILITYCOillPI\NY SERVICES IN CALIFORNIA PROVrDED BY SCOPELITIS, GARVIN, LIGHT. HANSON & FEARY. LIMITED Llt\BILITY Pf\RTNgRSHlP#

Page 4with a gross weight not over 100 kg (220 pounds)." 49 C.F.R. § 173.6(a)(2). Further, 49 C.F.R. § 171.8 defines "material of trade" as "a hazardous material, other than a hazardous waste, that is carried on a motor vehicle... For the purpose of supporting the operation or maintenance of a motor vehicle (including its auxiliary equipment)..." Rotel believes that the limited quantity of propane it transports during its tours constitutes a "material of trade" because it is a hazardous material that is carried on a motor vehicle for the purpose of supporting the operation of the motor vehicles auxiliary equipment - in this case, the built-in stoves. The propane it transports is a Division 2.1 material in a cylinder with a gross weight significantly less than 220 Ibs. (typically less than 20lbs). Accordingly, Rotel seeks confirmation from PHMSA that its understanding in this regard is correct. If you have any questions or need any additional information, please do not hesitate to contact me. Very truly yours, Bindle tWi Brandon K. Wiseman Attorney for Rotel North American Tours, LLC /BKW Enclosures CC: Joe Solomey (via E-mail) Joe Morrison (via E-mail) Walter McHenry (via E-mail) Michael Oertel (via E-mail) 4843-0275-0741, v. 1 I SCOPELITIS GARVIN LIGHT HANSON & FEARY#

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