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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 #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.


John A. Gale

Chief, Standards Development

Office of Hazardous Materials Standards


Regulation Sections

Section Subject
173.6 Materials of trade exceptions