Qualex, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh St., S.W. Research and Washington, D.C. 20590 Special Programs Administration APR 17 2003 DOT /Hazmat Coordinator Mr. Dwight Fast Ref. No. 03-0055 Qualex, 4020 Stirrup Creek Drive, Suite 211 Durham, NC Dear Mr. Fast: : This is in response to your February 10, 2003 letter regarding the applicability of the materials of trade (MOTS) exception specified in § 173.6 of the Hazardous Materials Regulations and answered below. (HMR; 49 CER Parts 171-180). Your questions are paraphrased hazardous materials in a Qualex vehicle from the Qualex mix Q1. Would the MOTs exception apply to the carriage of site to a Qualex distribution center. Al. The answer is yes. Provided all of the applicable conditions under § 173.6 are met, the MOTS exceptions would be applicable to the above specified scenario. hazardous materials in a Qualex vehicle from the Qualex 22. Would the MOTs exception apply to the carriage of distribution center to a client site. A2. See the answer to Question 1. I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, Transportation Regulations Specialist Office of Hazardous Materials Standards 113.4 030055#

Page 2Goualex BAH a Kodak company Qualex, inc. 4020 Stirrup Creek Drive 5173.6 Suite 211 MOTO Durham, NC 27703 February 10, 2003 03-0055 Office of Hazardous Materials Standards U.S. Department of Transportation 400 Seventh Street, S. W. Washington, DC 20590 Subject: Materials of Trade Interpretation To: Regulatory Review Officer, I would like to request a written regulatory interpretation of the Materials of Trade Exception under 49 CFR, Section 171.8. Do the following scenarios meet the Materials of Trade Exception provided that all provisions under Section 173.6 are satisfied? customers in the USA. A Qualex owned truck transports Photo Processing Supplies including chemistry Facts - Qualex principal business is to maintain Qualex owned Photo Processing Mini-Labs at various the Photo Process Chemicals is classified as a Hazardous Material Class 8, PG IH. Qualex drivers from Qualex Mix Sites through a Qualex operated Distribution Center to the Customers Facility. One of routinely deliver Photo Process Supplies to Customer Facilities. The customer does not order the supplies supplies belongs to Qualex and is maintained by Qualex Accounting Department. The customer is or contact Quatex unless there is a problem with the equipment. The inventory of the equipment and invoiced by the number of pictures developed and never takes ownership of the equipment and supplies. Site to Qualex Distribution Center covered under Materials of Trade Exception? Scenario I - Is the shipment of Photo Processing Supplies in a Qualex owned truck from the Qualex Mix Distribution Center to the Qualex Customer's Facility covered under the Material of Trade Exception? Scenario 2 - Is the shipment of Photo Processing Supplies in a Qualex owned truck from the Qualex with all regulatory requirements. If you have any questions concerning this request, please call me. Qualex, Inc. takes its safety responsibilities very seriously and wants to make sure its activities comply Sincerely, Right Fust Dwight Fast DOT/Hazmat Coordinator 919-484-3489 Kodak Service & Support#