{"operation":"document","citation":"13-0174","title":"Scopelitis, Garvin, Light, Hanson & Feary, P.C. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-09-25","effective_on":null,"summary":"13-0174 response to Scopelitis, Garvin, Light, Hanson & Feary, P.C. concerning 171.8, 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0174.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0174.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0174","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130174.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nSEP 2 5 2013\nMr. Brandon K. Wiseman\nAttorney for Rotel North American Tours, LLC\nScopelitis, Garvin, Light, Hanson & Feary, P.C.\n10 West Market Street, Suite 1500\nIndianapolis, IN 46204\nRef. No. 13-0174\nDear Mr. Wiseman:\nThis responds to your August 21, 2013, letter regarding the applicability of the materials of\ntrade exception under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nSpecifically you ask ifthe small propane tank (i.e., less than 20 pounds) used to power a\nstove that is stowed on a tour bus in an exterior built-in kitchenette would meet the\ndefinition of a \"material of trade\" as specified in§ 171.8. Furthermore, you ask if this\npropane stove would qualify for the materials of trade exception in§ 173.6 and would\nexempt your client from the hazardous materials training and shipping paper requirements\nset forth in parts 1 72 and 1 77.\nThe answer is no. As defined in § 171.8, material of trade means ''a hazardous material,\nother than a hazardous waste, that is carried on a motor vehicle-(1) For the purpose of\nprotecting the health and safety of the motor vehicle operator or passengers; (2) For the\npurpose of supporting the operation or maintenance of a motor vehicle (including its\nauxiliary equipment); or (3) By a private motor carrier (including vehicles operated by a\nrail carrier) in direct support of a principal business that is other than transportation by\nmotor vehicle.\" The stove does not satisfy the requirements of the material of trade\ndefinition in§ 171.8 for the following reasons:\n1. The propane stove does not protect the health and safety of the motor vehicle\noperator or passengers;\n2. The stove and its respective propane tank is not considered \"auxiliary equipment\"\nin that \"auxiliary equipment\" in this definition means that the equipment must\nprovide supplementary or additional help and support to operate or maintain the\nmotor vehicle itself, not equipment for the purpose of heating food for passengers\non the motor vehicle; and\n3. Your client is not a private motor carrier.\n\n<<<PAGE 2>>>\n\nI hope this information is helpful. If you have further questions, please contact this office.\nSincerely,\nRobert Benedict\nChief, Standards Development\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\n••\n10 West Market Street\nSuite 1500\nIndianapolis, IN 46204 BRANDON K. WISEMAN\nbwisernan(il•scopclitis.com\nThe full .Jervice traruportation law firm\nAugust 21, 2013\nMain (317) 637-1777\nFax (317) 687-2414\n(), Donre II\n& 113. &\n/;)1/.8\nM.akrtaf, of Trade_ bcep~ons\nI~- Dl14\nU.S. DOT\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH -10\nEast Building\n1200 New Jersey Avenue, SE\nWashington, DC 20590-0001\nRe: Request for Official Interpretation\nDear Sir/ Madam:\nMy firm represents Rotel North American Tours, LLC (\"Rotel\"), which is the\nNorth American affiliate of an international cooperation that offers bus tours in\nover 110 countries including the United States. Rotel offers a unique touring\nexperience to German citizens interested in visiting North America. Rotel\ncustomers fly from Germany to the United States or Canada and travel for two\nor more weeks in customized tour buses that include accommodations for\ndining and sleeping. Rotel prides itself on offering the highest quality service to\nits customers, including preparing and serving German meals while in transit.\nRotel's fleet of tour buses is specially designed and manufactured in Europe to\nmeet these needs. Each bus is equipped with interior sleeping compartments\nand an exterior built-in kitchenette. The kitchenette includes a pull-out stove,\nwhich is powered by a small (i.e., less than 20 lbs.) propane tank, which is\nstored alongside the kitchenette and away from the passengers. Photographs\nof Rotel's kitchenette and stove are attached hereto as Exhibit A.\nRotel seeks clarification from PHMSA as to whether its transportation of limited\nquantities of propane, as described above, qualifies for the \"materials of trade\"\nexception, 49 C.F.R. §§ 171.8 and 173.6, to the Hazardous Materials\nRegulations (\"HMRs\"), such that Rotel would be exempt from the employee\ntraining and shipping paper requirements of Subpart H of 49 C.F.R. Part 172\nand Subpart A of 49 C.F.R. Part 177, respectively.\nIndianapolis, Chicago\" I). c:. o I~os\nSERVICES OUTS! DE CALIFORNIA AND MICHlGAN PROVIDED BY SCOPELITIS, GARVIN. LIGHT. HANSON & FEARY, PROFESSIONAL CORPORATION\nSERVICES !N MICHIGAN PROVIDED BY SCOPELITIS, GARVIN. LIGHT. HANSON & FEARY. PROFESSIONAL LIMITED L!ABILITYCOillPI\\NY\nSERVICES IN CALIFORNIA PROVrDED BY SCOPELITIS, GARVIN, LIGHT. HANSON & FEARY. LIMITED Llt\\BILITY Pf\\RTNgRSHlP\n\n<<<PAGE 4>>>\n\nwith a gross weight not over 100 kg (220 pounds).\" 49 C.F.R. § 173.6(a)(2).\nFurther, 49 C.F.R. § 171.8 defines \"material of trade\" as \"a hazardous material,\nother than a hazardous waste, that is carried on a motor vehicle... For the\npurpose of supporting the operation or maintenance of a motor vehicle\n(including its auxiliary equipment)...\"\nRotel believes that the limited quantity of propane it transports during its tours\nconstitutes a \"material of trade\" because it is a hazardous material that is\ncarried on a motor vehicle for the purpose of supporting the operation of the\nmotor vehicles auxiliary equipment - in this case, the built-in stoves. The\npropane it transports is a Division 2.1 material in a cylinder with a gross\nweight significantly less than 220 Ibs. (typically less than 20lbs). Accordingly,\nRotel seeks confirmation from PHMSA that its understanding in this regard is\ncorrect.\nIf you have any questions or need any additional information, please do not\nhesitate to contact me.\nVery truly yours,\nBindle tWi\nBrandon K. Wiseman\nAttorney for Rotel North\nAmerican Tours, LLC\n/BKW\nEnclosures\nCC:\nJoe Solomey (via E-mail)\nJoe Morrison (via E-mail)\nWalter McHenry (via E-mail)\nMichael Oertel (via E-mail)\n4843-0275-0741, v.\n1\nI SCOPELITIS\nGARVIN LIGHT HANSON & FEARY\n\n<<<PAGE 5>>>\n\nEXHIBIT\ntabbies*\nA\n\n<<<PAGE 6>>>","truncated":false,"body_characters":6116}