{"operation":"document","citation":"00-0142","title":"Radian International — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-06-16","effective_on":null,"summary":"00-0142 response to Radian International concerning 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0142.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0142.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0142","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000142.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n400 Seventh Street, S.W.\nWashington, D.C.\n20590\nJUN | 6 2000\nMr. Andrew N. Romach\nRef. No. 00-0142\nRegulatory Compliance Officer\nRadian International\nP.O. Box 13000\nResearch Triangle Park\nNorth Carolina 27709\nDear Mr. Romach:\nThis is in response to your letter dated May 4, 2000, requesting clarification on the materials of trade\n(MOTS) exception in § 173.6 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-\n180). You presented two scenarios and would like confirmation that the MOTS exception applies.\nYour scenarios are paraphrased and answered as follows:\nScenario #1: A manufacturer of heating and air conditioning equipment operates several distribution\ncenters (retail sale) where service technicians and other customers obtain parts to service and maintain :\nthe manufacturer's equipment. Some of the available parts meet the definition of a hazardous material.\nOccasionally, one of the distribution centers will run out of a part and an employee from another\ndistribution center will drive over to resupply the center with the part. If the required part were a\nhazardous material, would the employee who drives the part across town be able to take advantage of\nthe MOTS exception so long as the transported item meets the inner container limits?\nScenario #2: A manufacturer of automobiles operates several distribution centers (wholesale) where\nmanufacturer's authorized parts required to repair and maintain the automobiles are distributed to\nauthorized dealerships (retail sale). Some of the available parts meet the definition of a hazardous\nmaterial. Occasionally, a center or dealership will run out of a part, and an employee from a nearby\ndistribution center will drive over to resupply them with the part. If the required part were a hazardous\nmaterial, would the employee who drives the part across town be able to take advantage of the MOTS\nexception so long as the transported item meets the inner container limits?\n134\n000142\n\n<<<PAGE 2>>>\n\nThe described hazardous materials in both scenarios meet the definition for MOTS (§ 171.8). Provided\nall conditions in § 173.6 are met, the MOTS exception may be applied to your two scenarios.\nI hope this answers your inquiry.\nSincerely,.\nSubm Killin's\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nFROM: \"RADIAN\nINTERNATIONAL\nFAX NO.:\n9194611371\n05 - 88 - 88\n81:54P P.01\nBoothe\nRADIAN INTERNATIONAL\nA DAMES & MOORE GROUP COMPANY\n3173.6\nMale AdD 142\nMay 4, 2000\nResearch Iriangle Park,\nPost Office Box 13000\nNorth Carolina 27709\n1600 Perimeter Kark Drive\nPhysical/Shipping Address:\nMr. Ed Mazzullo, Director\nOffice of Hazardous Material Standards\nMorrisville, North Carolina 27560\nResearoh and Special Programs Administration\n919 461 1415 Fax\n919 461 1100 Tel\nU.S. Department of Transportation\n400 7th Street, SW (DHM-10)\nWashington, DC 20590-0001\nFAX: (202) 366-3012\nDear Mr. Mazzullo:\nI am writing to you to request a written regulatory interpretation concerning whether or not the Matcrials\nof Trade exception (49 CFR 173.6) would apply to the following two scenarios:\ncenters (retail sale) where service technicians and other customers obtain parts to service and maintain the\nScenario #1: A manufacturer of heating and air conditioning equipment operates several distribufion\nmanufacturer's equipment. Some of the available parts meet the definition of s hazardous material (for\nlocated within driving range of each other. Occasionally, one of the distribution centers will run out of a\nexample, certain lubricants, sealants, paints, refrigerants). In some instances, distribution centers are\npart, and an employee from another distribution center will drive over to resupply the center with the part.\nable to take advantage of the Materials of Trade exception so long as the transported item meets the inner\nIf the required part were a hazardous material, would the cmployce who drives the part across town be\ncontainer limits?\nScenario #2: A manufaoturer of automobiles operates several distribution centers (wholesale) where\nmanufacturer's authorized parts required to repair and maintain the automobiles are distributed to\nauthorized dealerships (retail sale). Some of the available parts meet the definition of a hazardous\nmaterial (for example, certain lubricants, scalants, paints, refrigerants). The manufacturer also operates\ncenters where automobiles are prepared for sale. In some instances, centers and dealerships are located\nwithin driving range. Occasionally, a center or dealership will run out of a part, and an employee from a\nnearby distribution center will drive over to resupply them with the part. If the required part were a\nMaterials of Trade exception so long as the transported item meets the inner container limits?\nhazardous material, would the employee who drives the part across town be able to take advantage of the\nI appreciate your valuation of these transportation scenarios. If you have any questions, please call me at\n(919) 461-1220.\nRegulatory Compliance Manager\nRadian International\nEngineering Services in Nonh Carolina are performed through Radian internationals wholly owned subsidiary, Padian Engineering Inc.\nOffices Worldwide","truncated":false,"body_characters":5255}