The Bullet:

During this public health emergency, USDOT/PHMSA is providing relief for certain hazardous materials (HazMat), e.g., sanitizing and disinfecting materials, transported for the purpose of protecting the health and safety of employees – and contractors – directly supporting the logistical operations of transportation companies.  The relief – as an enforcement discretion – mirrors the relief provided for HazMat transported under the materials of trade exception at 49 CFR 173 .6.

Carrier MOTS Relief Notice

Who:

• Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA).
• Transportation companies within the U.S.

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What is the materials of trade exception?

The materials of trade exception exempts certain hazardous materials and quantities in motor vehicle shipments from the requirements of the Hazardous Materials Regulations (HMR).  Under the HMR, a material of trade means a hazardous material that is carried on a motor vehicle for one of three reasons:

• Protecting the health and safety of the motor vehicle operator or passengers.
• Supporting the operation or maintenance of a motor vehicle.
• By a private motor carrier in direct support of a principal business that is other than transportation by motor vehicle.

Sanitizing and disinfecting products transported by a logistics company’s own transportation network to support the health and safety of employees at the company’s facilities do not meet any of these three definitions.  Therefore, the materials of trade exception will not address this specific need which is the intent of this relief.

For more information about the materials of trade exception, read: 49 CFR 173.6 – The Materials of Trade Exception

What is the relief?

USDOT/PHMSA gives notice that it will not take enforcement action against any carrier transporting sanitizing and disinfecting materials carried on a motor vehicle for the purposes of protecting the health and safety of employees of the carrier – this includes contractors working for the carrier – provided the following criteria are met:

• The sanitizing and disinfecting materials, such as hand sanitizers and spray disinfectants, are intended to allow employees to adhere to Centers for Disease Control and Prevention guidelines for protecting against COVID-19.
• The sanitizing and disinfecting materials are being provided to protect the health and safety of employees and eligible contractors who directly support the operations of the carrier, such as by sorting packages, loading and unloading packages, and driving delivery vehicles.
• The sanitizing and disinfecting materials are transported by motor vehicle.
• The shipment complies with the hazard class, quantity, packaging, hazard communication, and aggregate gross weight requirements specified in 49 CFR § 173.6 Materials of Trade provisions.
• Transport of these materials for purposes other than use by employees or contractors of the carrier (e.g., retail sale) is not authorized.

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Where:

• This relief applies to transportation within the United States.

When:

• Date of issuance:  April 20, 2020.
• This Notice of Enforcement Discretion is effective while the COVID-19 public health emergency exists, or 90 days from the date of issuance of this Notice, whichever is sooner.
• Update: July 09, 2020 USDOT/PHMSA announced an extension of this enforcement discretion until October 31, 2020. Read: Notice of Extension of Enforcement Discretion Regarding Transportation of Certain Sanitizing and Disinfecting Materials During the Coronavirus disease 2019 (COVID-19) Public Health Emergency

Why:

Because of the ongoing Coronavirus Disease 2019 (COVID-19) public health emergency, there has been a notable increase in the demand for products used for sanitization and disinfection purposes – many of which may be classified as HazMat for transportation as defined by the HMR.

• An alcohol-based sanitizer may be a Class 3 Flammable Liquid.
• A disinfectant may be a Class 8 Corrosive Material.

How:

PHMSA’s mission is to protect people and the environment by advancing the safe transportation of energy and other hazardous materials that are essential to our daily lives. To do this, the agency establishes national policy, sets and enforces standards, educates, and conducts research to prevent incidents. We also prepare the public and first responders to reduce consequences if an incident does occur.

Conclusion:

This relief represents USDOT/PHMSA’s latest attempt to facilitate the transportation of hazardous materials in response to the COVID-19 public health emergency.  An earlier example:  Temporary Policy for the Transportation of Certain Alcohol-Based Hand Sanitizer Products During the Public Health Emergency (COVID-19) provides relief for new manufacturers and subsequent transporters of alcohol-based hand sanitizer.