Clarification of Materials of Trade Exception

This responds to your letter dated October 31, 2006, requesting clarification of the definition of Material of Trade (MOT) in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You enclosed several photographs.

You ask if your remote site power platform may be transported as a material of trade in accordance with § 171.8 and 173.6 of the HMR.

The answer is no. A material of trade is a hazardous material, other than a hazardous waste, that is carried on a motor vehicle: (1) to protect the health and safety of the operator or passengers; (2) to support the operation of maintenance of the motor vehicle, including its auxiliary equipment; or (3) by a private motor carrier in direct support of a principal business that is other than transportation by motor vehicle. Hazardous; materials meeting this definition may be transported as MOTs under the conditions set forth in § 173.6, including limitations on packaging capacity and the total quantity that may be transported on a single vehicle. The quantities of hazardous materials carried on your remote site power platform exceed the capacity and quantity restrictions applicable to MOTs.

Note, however, that a fuel tank meeting the requirements in the Federal Motor Carrier Safety Regulations (FMCSR) for fuel systems and used only for supplying fuel for the operation of a motor vehicle or its auxiliary equipment is not subject to regulation under the HMR, including placarding, with respect to its use on the vehicle (see FMCSR requirements at 49 CFR 393.65, 393.67 (for liquid fuel tanks), and 393.69 (for liquefied petroleum gas systems)). Such tanks must conform to all applicable marking requirements and must be maintained in accordance with NFPA/ASME standards for fuel systems.