{"operation":"document","citation":"02-0178","title":"Environmental Resource Center — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2002-07-24","effective_on":null,"summary":"02-0178 response to Environmental Resource Center concerning 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0178.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0178.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0178","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020178.pdf","body":"<<<PAGE 1>>>\n\n•\nU.S. Department\nResearch and\nof Transportation\n400 Seventh St., S.W.\nWashington, D.C. 20590\nSpecial Programs\nAdministration\nJOL 2 4 2002\nMs. Rebecca M. Spaulding\nSenior Consultant\nRef No.: 02-0178\nEnvironmental Resource Center\n101 Center Pointe Drive\n•\nCary, North Carolina 27513-5706\nDear Ms. Spaulding:\nThis is in response to your June 12, 2002, letter requesting clarification of the definition of \"in\ncommerce\" under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nSpecifically you asked if hazardous materials transported between your company's facilities is\nconsidered \"in commerce\" and subject to the HMR.\nYour scenario is paraphrased and answered as follows:\n• A company purchases consumer commodities and stores them in a warehouse. Company\nemployees pick up hazardous materials for use in other buildings owned by the same company.\nCompany employees transports this hazardous material to other buildings (along a public\n. • highway), and uses the material according to its intended purpose. Is this considered 'in\ncommerce?\"\nYes, the hazardous materials transported by your company between your facilities is in support\nof your business. Therefore, transportation of hazardous material in your scenario is \"in\ncommerce.\" The HMR provides certain exceptions for the transportation of hazardous materials\nidentified as Materials of Trade (MOTs). A MOT is defined in §171.8, as a hazardous material,\nother than a hazardous waste, that is carried on a motor vehicle:\nFor the purpose of protecting the health and safety of the motor vehicle operator or\npassengers;\nFor the purpose of supporting the operation or maintenance of a motor vehicle (including\nits auxiliary equipment); or\nBy a private motor carrier (including vehicles operated by a rail carrier) in direct support\nof a principal business that is other than transportation by motor vehicle.\n\n<<<PAGE 2>>>\n\nBased on your scenario it appears that your company meets the third criteria. Provided that all\nconditions in §171.6 are met, your company can take advantage of the MOTs exception.\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely,\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n€ ENVIRONMENTAL RESOURCE CENTER\n101 Center Pointe Drive, Cary, North Carolina 27513 (919) 469-1585\n5L:3219\nRelertoud\nJune 12, 2002\n$171.8\nDefinitions\nDOT / RSPA\nOffice of Hazmat Standards\n400 Seventh Street, SW\n02-0178\nWashington, DC 20590\nAttention: Edward Mazzullo\nDear Mr. Mazzullo,\n49 CFR Part 171.1 states that hazardous materials are regulated only if they are transported \"in\ncommerce.\" I understand that DOT's definition of \"in commerce\" (as taken from an interpretation\nletter dated July 28, 1999) means the furtherance of a commercial enterprise.\nI would like to request an interpretation on the following scenario: A company purchases consumer\nwindow cleaner or a tube of adhesive to repair a pipe in another building owned by the same\ncommodities and houses them in one warehouse, and a company employee picks up, for example,\ncompany, and transports the material to the other building (along a public highway), and uses the\nmaterial according to its intended purpose. The transportation of said material would not further the\ncompany's commercial enterprise; it would be used only for routine maintenance and according to\nits intended purpose.\nIs the material considered \"in commerce\" and therefore subject to the HMR?\nThank you for your response.\nBest regards,\nRibera spauldy\nRebecca Spaulding\n• -\n..- Consultant.\n-...\n... ..\n--","truncated":false,"body_characters":3634}