{"operation":"document","citation":"03-0103","title":"South Florida Plastics, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-06-03","effective_on":null,"summary":"03-0103 response to South Florida Plastics, Inc. concerning 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0103.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0103.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0103","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030103.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nWashington, D.C. 20590\nResearch and\nJUN 3\n2003\nSpecial Programs\nAdministration\nMr. John S. Srokose\nPresident\nReference No.: 03-0103\nSouth Florida Plastics, Inc.\n13245 N. W. 47\" Avenue\nOpa Locka, FL 33054\nDear Mr. Srokose:\nThis responds to your letter regarding applicability of the Hazardous Materials Regulations (HMR;\n49 CFR Parts 171-180) to customers who purchase and transport in their vehicle diluted liquid\nchlorine, a Class 8, PG III material. The diluted liquid chlorine is in 2-1/2 gallon plastic containers.\nYou ask if these \"will call\" customers are subject to the HMR under the following scenarios:\nand transports the container in his personal vehicle to his home.\nSCENARIO 1: A consumer purchases a container of diluted liquid chlorine for personal use\nSCENARIO 2: A private business purchases a container of diluted liquid chlorine and\ntransports the material in a company vehicle.\ninterstate and foreign commerce. The term \"in commerce\" means in furtherance of a commercial\nAs specified in § 171.1, the HMR govern the transportation of hazardous materials in intrastate,\nenterprise. Accordingly, the hazardous materials that are sold to customers for personal, non-\ncommercial use and transported by such persons in their personal vehicles are not subject to the\nHMR. Therefore, the customer in the first scenario is not subject to the HMR. Under the second\nscenario, the hazardous materials are \"in commerce\" and the customer is subject to the HMR.\nHowever, the customer may take advantage of the Materials of Trade exception if the applicable\nprovisions in § 173.6 are met. By definition, a material of trade is a hazardous materials carried on\na motor vehicle by a private motor carrier in direct support of a principal business that is other than\ntransportation by motor vehicle. Section 173.6(d) limits the aggregate gross weight of all materials\nI trust this satisfies your inquiry.\ntotte e mitchele\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n173.6\n030103\n\n<<<PAGE 2>>>\n\nCorbin\nSOUTH\n$173.154\n1 FLORIDA\n$173.6\nMOT.\nPLASTICS, INC.\n03 - 0103\n13245 N.W. 47th Avenue, Opa-Locka, Florida 33054 (305) 687-9200 FAX (305) 687-1555\nMr. Edward I Mazzullo\nApril 1, 2003\nDirector, Office of Hazardous Materials Standards\nU.S. DOT/RSPA (DHM-10)\n400 7* Street\nWashington, D.C. 20590-0001\nDear Sir:\nWe are a plastic container manufacturer and would like clarification on the use of a container\nby one of our customers. The container size is 2 ½ gallons. We sell the container empty to our\ncustomer and they in turn sell it empty to their retail stores. The container is filled at the store\nwith diluted liquid chlorine, which is classified as Class 8, Packing Group III. The filled container\nis sold to the consumer and transported in their vehicle for home use. They also sell this filled\ncontainer to individuals for private business, such as swimming pool service and roofing.\nQuestion 1: In the case of the consumer, where the use is non-commerce, do any regulations\nunder CFR49 apply governing the testing or transportation of this container?\nQuestion 2: In the case of the private business, would the 173.6 Materials of Trade (MOTs)\napply, if the aggregate gross weight of 440 Ibs is not exceeded?\nIf you have any questions, I may be contacted at 305-687-9200. Thank you for your advice\non this matter.\nPlease forward your response to:\nSouth Florida Plastics, Inc\n:\nJohn S Srokose\n13245 NW 47# Avenue\nOpa-Locka, Fl. 33054\nSincerely,","truncated":false,"body_characters":3572}