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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #03-0257 ([URS Corporation] [Mr. Andrew N. Romach])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: URS Corporation

Individual Name: Mr. Andrew N. Romach

Location State: NC Country: US

View the Interpretation Document

Response text:

Nov 4 2003


Mr. Andrew N. Romach               Ref No. 03-0257
Regulatory Manager
URS Corporation
1066 Perimeter Park Drive
Morrisville, NC 27560

Dear Mr. Romach:

This responds to your October 8, 2003 letter, requesting clarification on the materials of trade (MOTS) exception under § 173.6 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180. Specifically, you ask if this exception applies to your scenario which is paraphrased and answered as follows:

A manufacturer of heating, ventilation, and air conditioning (HV AC) equipment operates several supply houses (retail sale) where service technicians and other customers purchase parts to install, service, and maintain the manufacturer's equipment. Some of the available parts meet the definition of a hazardous material (e.g., lubricants, sealants, paints, refrigerants). The supply house outfits a van as a mobile HV AC shop with various spare parts, including hazardous materials. If a driver transports this mobile shop out to a construction site, making those HV AC parts available for sale to the HV AC technicians working at the site, would that truck and driver be able to take advantage of the MOTS exception?

The answer to your question is yes. The materials described in your scenario meet the definition for MOTS (§ 171.8). Provided all conditions in § 173.6 are met, the MOTS exception applies to the scenario you describe.

I hope this answers your inquiry.



Susan Gorsky
Senior Transportation Regulations Specialist
Office of Hazardous Materials Standards

Regulation Sections

Section Subject
173.6 Materials of trade exceptions