Shared Services Group — Hazardous Materials Safety Interpretation

Page 1= US.Department of Transportation 400 Seventh Street, S.W. Washington, D.C. 20590 Research and Special Programs Administration JAN | 4 999 Mr. Jere Schumacher Ref. No. 98-0368 Boeing Traffic Management Shared Services Group P.O. Box 3707 Seattle, Washington 98124-2207 Dear Mr. Schumacher: This is in response to your letter of December 9, 1998, requesting clarification on the requirements for materials of trade (MOTs) under the Hazardous Materials Regulations (HMR; 49 CFR parts 171- 180). You presented the following scenario and would like confirmation that the MOTs exception in § 173.6 applies. An in-house fire company provides fire and safety response, as well as training in these areas. During the course of these activities some hazardous materials are used. Fire extinguishers and personal breathing apparatus are moved over public roads to a variety of locations in support of these activities. They are transported on company owned mobile fire equipment, either to or from an emergency, storage or training location. The scenario you present is suitable for the MOTs exception as long as all provisions of § 173.6 are met. Cylinders are required to be marked with the proper shipping name and identification number for the hazardous material and labeled as prescribed in the HMR. In addition, Specification 39 cylinders must be marked as required by § 178.65(i). No shipping papers are required for movements of MOTs. I hope this information is helpful. Sincerely, Suhar untills Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards#

Page 2- P.O. Box 3707 Shared Services Group Seattle, WA 98124-2207 Lavalle 5173.6 98-0368 December 9, 1998 BOEING US Department of Transportation Research and Special Programs Administration 400 Seventh Street S.W. Office of Material Standards Washington D.C. 20590 Attn: Mr. Ed Mazzullo Dear Sir: provides fire and safety response, as well as training in these areas. During the course of As part of our company process in aircraft production, an in-house fire department these activities specific hazardous materials are utilized. Fire extinguishers and Personal breathing apparatus are sometimes partially or wholly dispersed. These units are necessary to move these dispersed units to a refill facility, generally another company generally a refillable type. Depending on the location of the emergency or training, it is facility. This may require an 'over public road" movement. The requirement also exists to move filled units to a variety of locations in support of these activities. The questions that relate to these actions, do these "over public road" movements qualify for the Materials of Trade, 49CFR 173.6, exclusions, when transported on company location? Must the cylinders contain any marking other than that required in 49CFR owned mobile fire equipment, either to or from an emergency, storage or training 178.65(I)? Would any documentation be required to support these actions? Thank you in advance for your timely response to these questions. /Jere Schumacher fur Schumacher Boeing Traffic Management 253-342-5722#