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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 #09-0305 ([Mr. James La Porte])

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

Interpretation Response Details

Response Publish Date:

Company Name:

Individual Name: Mr. James La Porte

Location State: MI Country: US

View the Interpretation Document

Response text:

April 7, 2010




Mr. James La Porte

1670 Axtell

Troy, MI 48084

Ref. No. 09-0305

Dear Mr. La Porte:

This responds to your November 9, 2009 request for clarification concerning the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to materials of trade (MOTS). Specifically, you ask whether the Federal Motor Carrier Safety Administration (FMCSA) regulations include restrictions on the transportation of gasoline on a commercial motor vehicle that are in addition to the MOTS exception in § 173.6 of the HMR.

The Federal Motor Carrier Safety Regulations (FMCSRs; 49 CFR Parts 390-397) do not specifically address MOTS. Provided all applicable requirements in § 173.6 are met, gasoline transported as MOTS is not subject to any other requirements in the HMR. However, the FMCSA mandates the minimum levels of financial responsibility required for motor carriers in 49 CFR Part 387. The table in § 387.9 delineates financial responsibility by type of carrier and commodity transported, and lists the subsequent financial responsibility amount relevant to transport of these shipments. If the vehicle weighs over 10,000 pounds GVW and transports hazardous materials listed in the § 172.101 Hazardous Materials Table of the HMR, you are subject to the financial responsibility requirements at a minimum of $1,000,000

I hope this answers your inquiry. If you need additional assistance, do not hesitate to contact this Office.


Charles E. Betts

Chief, Standards Development

Office of Hazardous Materials Standards

173.6, 172.101

Regulation Sections

Section Subject
172.101 Purpose and use of hazardous materials table
173.6 Materials of trade exceptions