Specialty Gases of America, Inc. — Hazardous Materials Safety Interpretation

Page 1400 Seventh Street, S.W. Research and Washinglon, D.C 20590 Administratior pecial Programs JAN 28 2000 Mr. Jason C. Pollman Specialty Gases of America, Inc. Ref. No. 99-0238 5242 Tractor Rd. Unit H Toledo, OH 43612 Dear Mr. Pollman: This is in response to your letter and subsequent telephone conversation with Michael Johnsen of my staff concerning the materials of trade (MOTs) exception in § 173.6 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically you ask whether Division 2.1 and 2.2 materials transported by your customers as private carriers either from your distribution center to their facility or between your customers various locations may be transported under the materials of trade exception. Since your customers (e.g., welders or florists) transport hazardous materials in support of their business and their primary business is not transportation by motor vehicle, the hazardous materials can be transported under the MOTs exception provided all the provisions in § 173.6 are met. If your customers hire a contractor or other transportation company to transport these hazardous materials, the MOTs exceptions do not apply. You also had a question concerning the registration and shipping paper requirements for shipments on your company's vehicles of Division 2.1 and 2.2 materials with an aggregate gross weight of less than 1000 pounds. Companies which ship specific materials and amounts outlined in § 107.601 must register. If your company is required to register, then § 107.620(b) requires that a copy of the registration, or another document with the registration number (identified as the "U.S. DOT Hazmat registration No.") be carried onboard each truck. Shipping papers must accompany all hazardous materials shipments unless explicitly excepted from shipping paper requirements in the regulations. I hope this satisfies your request. Sincerely, Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards 13.6 . 990238 -#

Page 2GG A 322 A 08 0020 A 1990214 THE AMERICAN GAS GROUF аракадравасаарасавсасиравтосаававаы: Mr. Edward T. Mazzullo U.S. DOT/RSPA (DHM-10) Director, Office of Hazardous Materials Standards 400 7" Street S.W 5473.6 Washington, D.C. 20590-0001 99-0238 August 24, 1999 Mr. Edward T. Mazzullo, I have some questions concerning the materials of trade exceptions (49 CFR 173.6) as they pertain to my business. I represent a compressed gas manufacturer. 1. We have customers who ship less than 440 lb. of class 2.1 and 2.2 materials between their locations. These customers use helium and welding gases. The materials are carried on these customers' vehicles the materials of trade exceptions? and their principal business is other than transportation by motor carrier. Do these customers qualify for 2. We have other customers who pick up from our facility in their own vehicles less than 440 Ib. of class 2.1 and 2.2 materials to take to their location. These customers also use helium and welding gases. Their principal business is other than transportation by motor carrier. Do these customers qualify for the materials of trade exceptions? I also have a question concerning shipping compressed gases with the company's vehicles. We currently 1500 pick-up truck. What paperwork (registration and shipping papers) is required to ship compressed gases deliveries and some smaller deliveries where it would be more cost effective to use this truck. of classes 2.1 and 2.2 with an aggregate weight of less than 1000 lb. using this vehicle? We have some local For all three of these questions, the cylinders meet all DOT requirements for cylinder qualification and proper hazard labeling. The cylinders are always properly loaded and braced for transportation. If you have any questions or need more information to answer these questions, please contact me. Thank you, Lam CPolh Jason C. Pollman Quality Systems Manager Specialty Gases of America, Inc. 5242 Tractor Rd. Unit H Toledo, OH 43612 (419) 470-0267 Fax: (419) 470-0274 JayPollman@aol.com -#