Merichern Company Research Center — Hazardous Materials Safety Interpretation

Page 1Washington, D.C. 400 Seventh Street, S.W. 20590 Research and Administratior pecial Program: JUN 2 8 2000 Mr. Leo N. Richard Jr. Ref. No: 00-0141 Chemical Hygiene Supervisor Merichem Company Research Center 1503 Central Houston, Texas 77012-2797 Dear Mr. Richard: This is in response to your letter of May 2, 2000, requesting clarification on the requirements for Materials of Trade (MOTs) under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- 180). You provide the following scenario and ask whether the MOTs exception may be applied. From time to time "samples" must be transported to an independent analytical laboratory for various analyses. Could a Merichem Research Center employee transport the samples to the laboratory? After analyses are completed, could a Merichem employee transport the samples back to the Merichem Research Center? All requirements in § 173.6 are met. The answer is yes. A Merichem Research Center employee may transport samples to and from a laboratory in direct support of their business when in private carriage. I hope this information is helpful. Sincerely, Duhan Hills Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards 1736 000141#

Page 2MERICHEM COMPANY Research Center 1503 CENTRAL • HoUsToN, TExas 77012-2797 (713) 928-5961 • FAx (713) 928-5762 lavalle May 2, 2000 $173.6 Mr. Edward T. Mazzullo 00-0141 U.S. DOT/RSPA (DHM-10) Director, Office of Hazardous Materials Standards 400 77H Street S.W. Washington, D.C. 20590-0001 Dear Mr. Mazzullo: A review of 49 CFR 173.6 (Materials of Trade) clarifications revealed scenarios similar to those found at facilities by company employees. While my interpretation of 173.6 and subsequent instruction to my facility. These scenarios involved transportation of hazardous materials between or to company employees agrees with published clarifications, questions have arisen that require additional clarifications. From time to time, Merichem Research Center "samples" must be transported to independent analytical laboratories for various analyses. The "samples" are, by definition, hazardous materials but fall into the classes or divisions eligible for Materials of Trade consideration. In addition, Materials of Trade quantity limits are not exceeded and Merichem Research Center's principal business is not transportation by motor vehicle. Could a Merichem Research Center employee transport a "sample" as a Material of Trade to an employee transport a "sample" as a Material of Trade from an independent analytical laboratory back to independent analytical laboratory? After analyses are completed, could a Merichem Research Center Merichem Research Center? Regarding the first scenario in which a Merichem Research Center employee transports a "sample" to an not apply. My reasoning is based upon the interpretation that, while the analytical results are of benefit to independent analytical laboratory, I have instructed employees that the Materials of Trade exception does of the analytical laboratory. On the other hand, I have instructed employees that the Materials of Trade Merichem Research Center, transport of the "sample" is actually in direct support of the principal business exception applies to the second scenario in which a Merichem Research Center employee transports a "sample" from the analytical laboratory. In this case, retur of the "sample" is required for further work and, consequently, support of Merichem Research Center's principal business. Thank you in advance for clarifications regarding the application of the Materials of Trade exception to these two scenarios. Sincerely, FoN. Rebend 9., Снтт Leo N. Richard Jr., CHMM Chemical Hygiene Supervisor Merichem Company Research Center — Chemicals for Industry#