Interpretation Response #25-0036

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

Interpretation Response Details

Response Publish Date: 01/27/2026

Company Name: Dead River Company

Individual Name: Tom Coty

Location State: ME Country: US

View the Interpretation Document

Response text:

January 27, 2026

Mr. Tom Coty
Safety & Compliance Specialist 
Dead River Company
82 Running Hill Rd
Suite 400
South Portland, ME  04106

Reference No. 25-0036

Dear Mr. Coty:

This letter is in response to your March 28, 2025 letter and subsequent correspondence requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the materials of trade (MOTs) provisions. In your letter, you note that your service technicians routinely carry small tanks containing propane in commercial motor vehicles in support of their service work. Specifically, you ask whether your business operations meet the requirements of the MOTs provisions and whether shipping papers would be required.

We have paraphrased and answered your questions as follows:

Q1. Does a tank containing propane used exclusively for appliance service (i.e., not for delivery or filling purposes), which is transported by a service technician, meet the requirements of the MOTs provisions specified in § 173.6, and is the shipment excepted from the shipping paper requirements?

A1. Yes. Provided the service technician is only performing appliance service (i.e., is not providing delivery or the filling of propane tanks) and the propane tank carried by the service technician meets the quantity limitations specified in § 173.6, the propane does qualify for the MOTs provisions. These provisions include relief from the shipping paper requirements.

Q2. Does propane used by a delivery driver to provide filling services to customers meet the requirements for the MOTs provisions specified in § 173.6, and is the propane in this scenario excepted from the shipping paper requirements?

A2. No. As described, the propane is being transported in commerce and is being delivered to the purchaser of the propane. The hazardous material is not for the purpose of protecting the health and safety of the motor vehicle operator or passengers, or for the purpose of supporting the operation or maintenance of a motor vehicle (including its auxiliary equipment). Although the transportation described is by private motor carrier, the hazardous material is not being utilized by the carrier in direct support of a principal business that is other than transportation by motor vehicle, but rather is being sold and delivered to a customer. Therefore, this does not qualify for the MOTs provisions specified in § 173.6, and the shipment is subject to the full requirements of the HMR, including compliance with the shipping paper requirements.

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

Sincerely,

Alexander Wolcott
Acting Chief, Regulatory Review and Reinvention
Standards and Rulemaking Division

§ 173.6

Regulation Sections