Interpretation Response #07-0065 ([National Oceanic & Atmospheric Administration] [Mr. Dan Poulos ])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: National Oceanic & Atmospheric Administration
Individual Name: Mr. Dan Poulos
Location State: FL Country: US
View the Interpretation Document
Response text:
Aug 3, 2007
Mr. Dan Poulos Reference No. 07-0065
National Oceanic & Atmospheric Administration
3500 Delwood Beach Road
Panama City Beach, FL
Dear Mr. Poulos:
This responds to your March 28, 2007 letter requesting clarification on the materials of trade (MOTS) exception in §173.6 under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if government contractors in support of government research activities transporting less than 200 kg of a Class 3 material (ethanol) on public roads may use the exception if they meet the provisions in § 173.6.
The answer is yes. One criterion for using the MOTS exception, as defined in § 171.8, is that the hazardous material must be transported by a private carrier in direct support of its principal business, which may not be transportation by motor vehicle. A government contractor that supports government research activities may transport hazardous material under the MOTS exception provided the contractor's principal business is not transportation. If you transport a Class 3 material (ethanol) under the MOTS exception, it must be contained in a packaging having a gross mass or capacity not over 30 kg (66 pounds) or 30 L (8 gallons) for a Packing Group II or III material. Packagings must be leak tight and be securely closed, secured against movement, and protected against damage. Except for diluted mixtures meeting the requirements of § 173.6(a)( 1 )(iii), the aggregate gross weight of all materials of trade on a motor vehicle may not exceed 200 kg (440 pounds).
I hope this answers your inquiry.
Sincerely,
John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards
173.6
Regulation Sections
| Section | Subject |
|---|---|
| 173.6 | Materials of trade exceptions |