Reichhold — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh Street, S.W. Washington, D.C. 20590 Pipeline and Administration Hazardous Materials Safery . DuBois Ref No.: 01-0012 Reichhold P.O. Box 13582 Research Triangle Park, NC 27709-3582 Dear Mr. DuBois: This is in further reference to your letter dated January 5, 2001 and our reply dated February 22, 2001, regarding the materials of trade (MOTs) exception found in § 173.6 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether your sales and technical staff may use the MOTs exception for private delivery of hazardous materials purchased by your customers. In our February 22, 2001 reply to your letter we indicated that a company that routinely transports and delivers hazardous materials to customers may not take advantage of the materials of trade exception. That interpretation was intended to be consistent with the definition of MOTs provided in § 171.8; however, it actually narrowed the intended scope of the exception. As indicated by more recent interpretations (example enclosed), it is acceptable for companies that routinely transport and deliver hazardous materials to use the MOTs exception. Therefore, provided the hazardous materials meet the MOTs definition in § 171.8 and all applicable conditions in § 173.6, your sales and technical staff may deliver the purchased hazardous materials to your customers using the I hope this information is helpful. Sincerely, Susan gorsky Acting Director Hazardous Materials Standards Office of Hazardous Materials Standards Enclosure 171.8 173.6 6) (1) 010012#

Page 2REICHHOLD McIntyre P.O. Box 13582 Corporate Headquarters $ 171.8 Research Triangle Park, NC 27709-3582 § 173.6 (01) Applicability "Definitio January 5, 2001 01-00/2 U.S. Department of Transportation Research and Special Programs Administration 400 Seventh Street, S.W. Office of Hazardous Materials Standards Washington, D.C. 20590 ATTN. Mr. Ed Mazzullo Dear Mr. Mazzullo: This letter is a follow-up to a phone conversation I had had with a member of your staff concerning compliance requirements covered under Section 173.6 have been met, would the following activities meet the definition with the Materials of Trade exception covered under 49 CFR, Section 171.8. Assuming that all of the requirements of the Materials of Trade under Section 171.8? of a hazardous material) at a customer's site and transporting them by vehicle to either our manufacturing sites or 1-A member of our sales or technical force picking up samples of our company's products (meeting the definition to our Research and Development facility for analysis. of hazardous material) at our manufacturing sites and transporting them by vehicle to a customer's site. The 2-A member of our sales or technical force picking up samples of our company's products (meeting the definition purpose of this transaction is to obtain customer interest and acceptance of the product. definition of a hazardous material) from our manufacturing sites and transporting them by vehicle to the 3- A member of our sales or technical force picking up small quantities of our company's procluct (meeting the customer's site for the purposes of conducting a trial run of the product on the customer's equipment. (meeting the definition of a hazardous material) from our manufacturing sites, which have been ordered for 4-A member of our sales or technical force picking up small quantities of our company's commercial product transaction is for expediency of delivery. purchase by the customer, and transporting them by vehicle to the customer's site. The purpose in this 173.6(c)(1). Would this include, but not be limited to, trade names, chemical names (i.e. styrene or I would also like to obtain further clarification of what is meant by "common name" as indicated in subparagraph ethenylbenzene) or, generic chemical names (i.e. amine, solvent, epoxy resin)? Your assistance in this matter is greatly appreciated Sincerely. Mark U. DuBois cel Senior Chemical Regulatory Analyst (419) 641-3410 Tel: (919) 990-7500 Fax: (919) 990-7711#