{"operation":"document","citation":"25-0036","title":"Dead River Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2026-01-27","effective_on":null,"summary":"25-0036 response to Dead River Company concerning 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0036.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0036.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-25-0036","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2026-02/250036.pdf","body":"<<>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nJanuary 27, 2026\nTom Coty\nSafety & Compliance Specialist\nDead River Company\n82 Running Hill Rd.\nSuite 400\nSouth Portland, ME 04106\nReference No. 25-0036\nDear Mr. Coty:\nThis letter is in response to your March 28, 2025, letter and subsequent correspondence\nrequesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180)\napplicable to the materials of trade (MOTs) provisions. In your letter, you note that your service\ntechnicians routinely carry small cylinders containing propane in commercial motor vehicles in\nsupport of their service work. Specifically, you ask whether your business operations meet the\nrequirements of the MOTs provisions and whether shipping papers would be required.\nWe have paraphrased and answered your questions as follows:\nQ1. Does a cylinder containing propane used exclusively for appliance service (i.e., not for\ndelivery or filling purposes), which is transported by a service technician, meet the\nrequirements of the MOTs provisions specified in § 173.6, and is the shipment excepted\nfrom the shipping paper requirements?\nA1. Yes. Provided the service technician is only performing appliance service (i.e., is not\nproviding delivery or the filling of propane cylinders) and a propane cylinder carried\nby the service technician complies with all applicable requirements of § 173.6, the\npropane would qualify for the MOTs provisions. These provisions include relief from the\nshipping paper requirements.\nQ2. Does propane used by a delivery driver to provide filling services to customers meet the\nrequirements for the MOTs provisions specified in § 173.6, and is the propane in this\nscenario excepted from the shipping paper requirements?\nA2. No. As described, the propane is being transported in commerce and is being delivered to\nthe purchaser of the propane. The hazardous material is not for the purpose of protecting\nthe health and safety of the motor vehicle operator or passengers, or for the purpose of\n\n<<>>\n\nsupporting the operation or maintenance of a motor vehicle (including its auxiliary\nequipment). Although the transportation described is by private motor carrier, the\nhazardous material is not being utilized by the carrier in direct support of a principal\nbusiness that is other than transportation by motor vehicle, but rather is being sold and\ndelivered to a customer. Therefore, this does not qualify for the MOTs provisions\nspecified in § 173.6, and the shipment is subject to the full requirements of the HMR,\nincluding compliance with the shipping paper requirements.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nAlexander Wolcott\nActing Chief, Regulatory Review and Reinvention\nStandards and Rulemaking Division\n\n<<>>\n\nJacobson\n25-0036\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps; Baker, Yul (PHMSA)\nSubject: FW: Request for letter of interpretation regarding Materials of Trade and shipping papers\nDate: Friday, March 28, 2025 5:04:33 PM\nAttachments: image001.png\nHi Alice,\nPlease see the below interpretation request. Let us know if you need anything.\nSincerely,\nJanaye\nFrom: Thomas Coty \nSent: Friday, March 28, 2025 10:24 AM\nTo: INFOCNTR (PHMSA) \nSubject: Request for letter of interpretation regarding Materials of Trade and shipping papers\nYou don't often get email from thomas.coty@deadriver.com. Learn why this is important\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments\nunless you recognize the sender and know the content is safe.\nTom Coty\nSafety & Compliance Specialist\nDead River Company – Delivering on A promise\n82 Running Hill Rd Suite 400\nSouth Portland, ME 04106\nCell 603-851-3419\nthomas.coty@deadriver.com\n\n<<>>\n\nFrom: Thomas Coty\nTo: Jacobson, Noah (PHMSA)\nSubject: Re: PHMSA Request for Interpretation 25-0036 - Clarifying Questions\nDate: Friday, April 11, 2025 8:09:21 AM\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nGood morning sir,\nDead River Company is a full-service propane and oil delivery business. The business function of our\ntechnicians is to perform the installations, repairs and maintenance of propane and oil appliances.\nTechnicians that work on propane appliances typically carry propane on their service trucks in\nsmaller “drift” tanks, like a forklift tank. We provide 24-hour on-call service to our customers and\nthese tanks are often used during many afterhours calls. The propane is only used to get our\ncustomers back up and running. A delivery driver would then be dispatched to the customer’s\nlocation to fill their tank.\nI look forward to your reply. Please let me know if I can be of further assistance.\nThank you,\nTom\nOn Apr 10, 2025, at 11:58 AM, Jacobson, Noah (PHMSA) \nwrote:\n\n[THIS EMAIL ORIGINATED FROM OUTSIDE OF THE ORGANIZATION: Pause and review the\nsender's email address, any URLs before clicking links, opening attachments, or following\nrequests. When in doubt, contact Information Security]\nGood Morning Mr. Coty,\nI have some clarifying questions pertaining to your request for interpretation regarding\nthe Materials of Trade exception and shipping papers. In order to accurately answer\nyour question, some information on the business operations related to the propane\nwould be very helpful.\nWhat is the business function of your service technicians? Additionally, what do they\ncarry the propane for and how is it used?\nThank you for helping to clarify this for us as we develop our response to your request.\n\n<<>>\n\nBest,\nNoah Jacobson\nNoah Jacobson\nTransportation Regulatory Specialist, Office of Hazardous Materials Safety\nStandards and Rulemaking Division\nUS Department of Transportation\nPipeline and Hazardous Materials Safety Administration\n1200 New Jersey Ave. Washington D.C., 20590\nOffice: (202) 366-5162","truncated":false,"body_characters":6224}