{"operation":"document","citation":"05-0096","title":"MHF Logistical Solutions — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-05-18","effective_on":null,"summary":"05-0096 response to MHF Logistical Solutions concerning 171.8, 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0096.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0096.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0096","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050096.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nPipeline and\nAdministration\nHazardous Materials Safety\nMAY 18 2005\nMr. Randy Hill\nRef. No. 05-0096\nPresidert\nChemtran Services USA, Inc.\n5722 Edward Drive\nHouston, Texas 77032\nDear Mr. Hill:\nThis responds to your March 30, 2005 letter requesting clarification on the materials of\ntrade (MOTS) exception in § 173.6 of the Hazardous Materials Regulations (HMR; 49\nCFR Parts 171-180). Specifically, you ask whether a hazardous materials shipping\ncompany that prepares and transports samples under contract for a laboratory qualifies for\nthe MOT'S exception.\nAccording to your letter, your company is under contract with various petrochemical\nmanufacturers and laboratories to provide transportation services for hazardous materials\nshipmen:s. After preparing the hazardous material shipment for transportation, you\ntransport the hazardous material aboard your company-owned vehicles to your\nrepackaging facility. You then review the MSDS, repackage and complete shipping\npapers for each sample according to International Civil Aviation Organization (ICAO)\nTechnical Instructions requirements. Each sample is distributed via air express to outside\nlaboratories for analysis. You state that you meet the quantity restrictions of § 173.6.\nYou ask whether your company qualifies for the MOTS exception under the definition in\n§ 171.8 for MOTS as a company that transports hazardous materials by a private motor\ncarrier in direct support of a principal business that is other than transportation by motor\nvehicle.\nThe answer is no. In accordance with § 171.8, a material of trade is a hazardous material,\nother than a hazardous waste, that is carried on a motor vehicle: (1) to protect the health\nand safety of the operator or passengers; (2) to support the operation and maintenance of\n171.8\n050096\n173.6\n\n<<<PAGE 2>>>\n\nthe veh cle; or (3) by a private motor carrier in direct support of a principal business that\nis other than transportation by motor vehicle. Your company is not a private motor\ncarrier. Therefore, you do not qualify for the MOTS exception.\nI hope this answers your inquiry.\nSincerely,\nGale\nChief, Standards Development\nOffice cf Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nBoothe\nCHEMTRAN\n$171.8\nSERVICES USA, INC.\nDANGERCUS GOODS SPECIALISTS\nDOMESTIC • INTERNATIONAL\n$ 173.6\nMaterials of Trade\nMr. Edward T. Mazzullo\nMarch 30, 2005 05-0096\nDirector, Office of Hazardous Materials Standards\nU.S. DOT/PHMSA (DHM-10)\n400 7th Street S.WV.\nWashington, D.C. 20590-0001\nRe: Materials of Trade Clarification 171.8 and 173.6\nHello Mr. Mazzullo,\nlaboratories. We are committed to compliance with federal, state and local regulations for ourselves and our\nChemtran Services USA, Inc. provides contract Sample Packaging Services for petrochemical manufacturers and\nclients.\nOur service contract requires us to arrive daily at the client laboratory, evaluate MSDS, identify hazardous\nthose samples. In direct support of the laboratory business, we transport the samples aboard company-owned\ncharacteristics of products, select the outer packaging, complete package marks and produce shipping papers for\nshipments. We review the product MSDS, re-package and complete shipping papers for each sample according to\nvehicles to our re-packaging facility. The shipping papers show Chemtran Services USA as consignee of these\nICAO requirements. Each sample is distributed via air express to outside laboratories for analysis.\nThese samples meet the applicable requirements of CFR 49, 173.6. regarding: inner package quantities & outer\npackage weight restrictions.\nIt seems that we might be able to use CFR 49, 171.8, item (3) for consideration of these samples as Material of\n.....a hazardous material, other than hazardous waste, that is carried on a motor vehicle-\nTrade from the laboratory to our facility:\n(3) By a private motor carrier (including vehicles operated by a rail carrier) in direct support of a principal business\nthat is other than transportation by motor vehicle.\nCan we use the \"Material of Trade\" exception? Any information you can provide regarding this subject will be\ngreatly appreciatecl.\nPlease contact me at randy@chemtranusa.com or via phone: 281 590 9400 with any questions.\nBest Regards,\nhalidice\nAn SBA \"HUBZONE\" Concern\nChemtran Services USA, Inc.","truncated":false,"body_characters":4370}