{"operation":"document","citation":"01-0012","title":"Reichhold — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-08-23","effective_on":null,"summary":"01-0012 response to Reichhold concerning 171.8, 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0012.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0012.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0012","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2001/010012.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nPipeline and\nAdministration\nHazardous Materials Safery\n. DuBois\nRef No.: 01-0012\nReichhold\nP.O. Box 13582\nResearch Triangle Park, NC 27709-3582\nDear Mr. DuBois:\nThis is in further reference to your letter dated January 5, 2001 and our reply dated\nFebruary 22, 2001, regarding the materials of trade (MOTs) exception found in § 173.6\nof the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically,\nyou ask whether your sales and technical staff may use the MOTs exception for private\ndelivery of hazardous materials purchased by your customers.\nIn our February 22, 2001 reply to your letter we indicated that a company that routinely\ntransports and delivers hazardous materials to customers may not take advantage of the\nmaterials of trade exception. That interpretation was intended to be consistent with the\ndefinition of MOTs provided in § 171.8; however, it actually narrowed the intended\nscope of the exception. As indicated by more recent interpretations (example enclosed),\nit is acceptable for companies that routinely transport and deliver hazardous materials to\nuse the MOTs exception. Therefore, provided the hazardous materials meet the MOTs\ndefinition in § 171.8 and all applicable conditions in § 173.6, your sales and technical\nstaff may deliver the purchased hazardous materials to your customers using the\nI hope this information is helpful.\nSincerely,\nSusan gorsky\nActing Director Hazardous Materials Standards\nOffice of Hazardous Materials Standards\nEnclosure\n171.8\n173.6 6) (1)\n010012\n\n<<<PAGE 2>>>\n\nREICHHOLD\nMcIntyre\nP.O. Box 13582\nCorporate Headquarters\n$ 171.8\nResearch Triangle Park, NC 27709-3582\n§ 173.6 (01)\nApplicability \"Definitio\nJanuary 5, 2001 01-00/2\nU.S. Department of Transportation\nResearch and Special Programs Administration\n400 Seventh Street, S.W.\nOffice of Hazardous Materials Standards\nWashington, D.C. 20590\nATTN. Mr. Ed Mazzullo\nDear Mr. Mazzullo:\nThis letter is a follow-up to a phone conversation I had had with a member of your staff concerning compliance\nrequirements covered under Section 173.6 have been met, would the following activities meet the definition\nwith the Materials of Trade exception covered under 49 CFR, Section 171.8. Assuming that all of the\nrequirements of the Materials of Trade under Section 171.8?\nof a hazardous material) at a customer's site and transporting them by vehicle to either our manufacturing sites or\n1-A member of our sales or technical force picking up samples of our company's products (meeting the definition\nto our Research and Development facility for analysis.\nof hazardous material) at our manufacturing sites and transporting them by vehicle to a customer's site. The\n2-A member of our sales or technical force picking up samples of our company's products (meeting the definition\npurpose of this transaction is to obtain customer interest and acceptance of the product.\ndefinition of a hazardous material) from our manufacturing sites and transporting them by vehicle to the\n3- A member of our sales or technical force picking up small quantities of our company's procluct (meeting the\ncustomer's site for the purposes of conducting a trial run of the product on the customer's equipment.\n(meeting the definition of a hazardous material) from our manufacturing sites, which have been ordered for\n4-A member of our sales or technical force picking up small quantities of our company's commercial product\ntransaction is for expediency of delivery.\npurchase by the customer, and transporting them by vehicle to the customer's site. The purpose in this\n173.6(c)(1). Would this include, but not be limited to, trade names, chemical names (i.e. styrene or\nI would also like to obtain further clarification of what is meant by \"common name\" as indicated in subparagraph\nethenylbenzene) or, generic chemical names (i.e. amine, solvent, epoxy resin)?\nYour assistance in this matter is greatly appreciated\nSincerely.\nMark U. DuBois\ncel\nSenior Chemical Regulatory Analyst\n(419) 641-3410\nTel: (919) 990-7500\nFax: (919) 990-7711","truncated":false,"body_characters":4123}