{"operation":"document","citation":"03-0172","title":"Ondeo Nalco Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-02-27","effective_on":null,"summary":"03-0172 response to Ondeo Nalco Company concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0172.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0172.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0172","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030172.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nWashington, D.C. 20590\nSpecial Programs\nResearch and\nAdministration\nFEB 27 2004\nMs. Anita S. Knight\nOndeo Nalco Center\nOndeo Nalco Company\nRef. No. 03-0172\nNaperville, IL 60563-1198\nDear Ms. Knight:\nThis is in response to your letter requesting clarification of\nCFR Parts 171-180) to hazardous materials being transported on\nthe applicability of the Hazardous Materials Regulations\nboth public and private roads.\nyour hazardous material shipments are considered non-commercial\nSpecifically, you ask whether\nand whether they are subject to the HMR.\nfrom this office to Ms. Karen Van Dusen of the University of\nYou reference a letter\nis similar.\nWashington dated September 2, 1997 and state that your scenario\nAs stated in the September 2, 1997 letter, a state agency (such\nas a state university) that transports hazardous materials for\nin transportation in commerce and, therefore, is not subject to\nits own use, using its own personnel and vehicles, is not engaged\nthe HMR.\nenterprise.\n\"In commerce\" means in furtherance of a commercial\n3 or Class 8 chemical products to customers at various university\nYou state that Ondeo Nalco employees transport Class\ncommerce and is, therefore, subject to the HMR.\nlocations. Ondeo Nalco is a company engaged in transportation in\nyour statement that the hazardous materials are transported on\nboth public and private roads, as stated in the September 2, 1997\nletter, the transportation of\nhazardous materials must be\nentirely on private roads with restricted public access to be\nexcepted from the HMR.\nI hope this information is helpful.\nSincerely,\nHathe z. michel\nRegulatory Review and Reinvention\nHattie I. Mitchell, Chief\nOffice of Hazardous Materials Standards\n030172\n\n<<<PAGE 2>>>\n\n07/11/03 FRI 11:15 FAX 630 305 2986\nENVIRN HLTH SFTY\n4001\nMETature\nONDEO\nNalco\nJuly 11, 2003\nApplicability\nMr. Edward T, Mazzullo\nDirector, Office of Hazardous Materials Standards\n03-0172\n400 7* Street S.W.\nU.S. DOT/RSPA (Attention DHM-10)\nFax = 202-366-3012\nWashington, D.C. 20590-0001\nONDEO Natco Company\nSubject:\nApplicability of 49 CFR Parts 171-180\nNaperville, IL 60563-1198\nOndeo Nalco Center\nDear Mr. Mazzullo:\nTel: 630-305-1000\nFax: 630-305-2900\nWe read with interest a letter to the University of Washington, dated September 2, 1997,\nuniversity campus, which I can describe in detail as follows. Does this situation qualify as\nfrom Delmer Billings. We have a similar situation at one of our customer sites (also a\nrequirements be similar for other types of \"campuses\", i.c. school or manufacturing plant?\n\"non-commercial\"? Please confirm what our requirements are under the HIMR. Would the\n1. Two small Dodge pick-up trucks are used by Ondeo Nalco District Service\nroutine testing, etc., including occasional transport of chemical product to specific\nSpecialists. The trucks are used for a \"Full Service\" arrangement which includes\nuniversity campus locations after they have been delivered by common carrier to\nMSDS books are maintained for each truck and kept in cab of truck. Products are\none of four campus delivery locations.\nhazardous materials in class 3 or 8.\nContainer types include 55 gal, 15 gal and 5 gallon. The maximum quantity in the\napproximately 1125 pounds.\ntruck any am we wittweight of 135 gallons or\n4.\nChemicals are not transported other than within the vicinity of the campuses being\nserviced which may be a 5 to 6 mile radius. The four usual delivery areas used by\ncentralized for each of the four campuses. This helps minimize the distance of\ncommon carriers. when our products are initially delivered to the customer are\n5. The roads traveled are mostly private campus roads but on one side of the campus\ntransport\nhere is a mix of public and private. Most roads are that which have only one lan\nn each direction, but there are a couple with 2 lanes in each direction\nThank you for your prompt response.\nYours truly,\nQuite N tight\nAnita S. Knight\nEnvironment, Health & Safety Department\nCorporate Product Registration Specialist\n630-305-1080\nsVez","truncated":false,"body_characters":4077}