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Interpretation Response #22-0063

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

Interpretation Response Details

Response Publish Date: 12-05-2022
Company Name: M-Tac Trucking Compliance LLC    Individual Name: Brian A. McGuire
Location state: NJ    Country: US

View the Interpretation Document

Response text:

December 5, 2022

Mr. Brian A. McGuire
M-Tac Trucking Compliance LLC
PO Box 1118
Mullica Hill, NJ  08062

Reference No. 22-0063

Dear Mr. McGuire:

This letter is in response to your June 16, 2022, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to roadway striping vehicles. Specifically, you state that there are conflicting interpretations within the roadway striping industry as to whether roadway striping vehicles transporting certain hazardous materials for the purposes of roadway striping operations would be eligible for the provisions for materials of trade specified in § 173.6 of the HMR. You state that "plural component trucks" or "epoxy trucks" used for roadway striping operations have several bulk tanks mounted on them which each carry up to 285 gallons of hazardous materials used for roadway striping. Further, you state that it is your opinion that these roadway striping vehicles should be eligible for the materials of trade provisions in § 173.6 because the nature of this business is not transportation, and because these materials are being applied directly to roadways and other paved surfaces. Lastly, you request formal interpretation of the applicability of § 173.6 to roadway striping operations, and—if necessary—consideration for the creation of a new provision for roadway striping vehicles.

In the scenario you provided, the quantities of hazardous materials transported in the non-DOT specification cargo tanks on these vehicles exceed the quantity of hazardous materials allowed to be transported under the provisions specified in § 173.6(a)(1)(ii). Currently, roadway striping vehicles and packagings are subject to the requirements of § 173.5a(c).

If you believe a rulemaking change is warranted, you may submit a petition for rulemaking in accordance with 49 CFR 106.95, 106.100, and 106.105 of the HMR, including all information needed to support your petition. Your request would be evaluated for consideration in a future upcoming rulemaking. For regulations in 49 CFR Parts 171 through 180, please submit the petition to: Standards and Rulemaking Division, Pipeline and Hazardous Materials Safety Administration, PHH-10, U.S. Department of Transportation, East Building, 1200 New Jersey Avenue, SE, Washington, DC 20590-0001. Please contact Mr. Steven Andrews in the Regulatory Review and Reinvention Branch of the Standards and Rulemaking Division at 202-366-8553 for more information.

I hope this information is helpful. Please contact us if we can be of further assistance.


T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

173.5a(c), 173.6, 173.6(a)(1)(ii)

Regulation Sections

Section Subject
§ 173.6 Materials of trade exceptions