{"operation":"document","citation":"06-0075","title":"West Marine Products, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-06-06","effective_on":null,"summary":"06-0075 response to West Marine Products, Inc. concerning 171.8, 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0075.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0075.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0075","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060075.pdf","body":"<<<PAGE 1>>>\n\n400 Sieventh Street, S.W.\nWashington, D.C. 20590\nPipeline and\nAdministration\nHazardous Materials Safety\nJUN 6 2006\nMr. Todd A. Nash\nWest Marine Products, Inc.\nDirector, Regulatory Compliance\nReference No. 06-0075\n500 Westridge Drive\nWatsonville, CA 95076\nDear Mr. Nash,\nThis is in response to your March 24, 2006 letter requesting clarification on whether your\nretail organization's employees may routinely deliver hazardous materials to your store\n(MOTs) exceptions prescribed in §§ 171.8 and 173.6 of the Hazardous Materials\nand customer locations using private and for-hire vehicles under the Materials of Trade\nof inventory or to fulfill an existing sale. We have paraphrased your questions and\nRegulations (HMR; 49 CFR Parts 171-180). You stated these items are for replenishment\nanswered them in the order provided.\nQ1. The wholesale business utilizes private company vehicles and drivers to deliver\nsold goods and return unwanted items from customer locations. May those drivers\nuse the MOTs exception under these circumstances if the hazardous materials meet\nthe MOTs definition prescribed in § 171.8 and comply with applicable\nrequirements under § 173.6?\nA1.\nYes. Under the HMR, one of the defining conditions for MOTs is a hazardous\nmaterial, other that a hazardous waste, transported by a private motor carrier in\ndirect support of a principal business that is other than transportation by motor\nvehicle. If a wholesale business uses its own vehicles and drivers to transport\ngoods to and from customer locations, then the MOTs exception in § 173.6 may be\nutilized. Note, however, that if the wholesale company hires a motor carrier to\napply.\ntransport goods to and from customer locations, the MOTs exception dces not\nQ2.\nMay the drivers transport hazardous materials products marked with the proper\nshipping description \"Consumer commodity, ORM-D\" under the MOTs exception\nrequirements under $ 173.6?\nprovided they comply with the definition for MOTs under § 171.8 and applicable\nA2.\nYes. Consumer commodities that conform to the HMR requirements applicable to\nMOTs may be transported as MOTs.\n171.8\nHHHH INHI\n173.6\n060075\n\n<<<PAGE 2>>>\n\nQ3.\nMany of the items to be transported are not eligible for the limited quantity or\nconsumer commodity exceptions under the HMR (e.g., a 1 gallon can of acetone).\nProvided a package containing these materials conforms to the MOTs requirements\nprescribed in §$ 171.8 and 173.6, and the weight of MOTs aboard the motor\nvehicle does not exceed 220 kg (440 pounds), would the package be eligible for the\nMOTs exceptions?\nA3.\nYes.\nQ4.\nMay a store associate transport hazardous materials in his or her own vehicle\nbetween stores or to a customer location using the MOTs exceptions provided the\nrequirements under § 173.6?\npackages comply with the definition for MOTs under § 171.8 and applicable\nA4.\nYes. See Answer Al above.\nI hope this information is helpful.\nSincerely,\nSusan Gorsky\nOffice of Hazardous Materials Standards\nRegulations Officer\n\n<<<PAGE 3>>>\n\nFilmonson\n§173.6\n/ West Marine\nMOT\nMarch 24, 2006\n06-0075\nU.S. Department of Transportation\nOffice of Hazardous Materials Standards (PHH-10)\nPipeline and Hazardous Materials Safety Administration\n400 7\" Street, S.W.\nWashington, DC 20590-0001\nRe: Applicability of 173.6 to retailers\nTo: Susan Gorsky, Regulations Officer\nMaterials of Trade exception covered under 49 CFR, Sections 171.8 & 173.6. West Marine has questions regarding a\nThis letter is to follow-up on the phone conversation we had on March 24, 2006 concerning compliance with the\nprevious interpretation you provided in the August 23, 2005 letter to Mark U. DuBois at Reichold (Ref No. 01-0012).\nusing both private and for hire vehicles. These products are either for replenishment of inventory or to fulfill an existing\nsale. West Marine would like to request an official letter of interpretation from your office clarifying the questions\nbelow.\n1. The wholesale business utilizes private company vehicles and drivers to deliver sold goods and return unwanted\nthe hazardous materials meet the MOTs definition in §171.8 and all applicable conditions of $173.6?\nitems from customer locations. May those drivers utilize the MOTs exception in these circumstances assuming\n2. May the drivers transport products marked \"Consumer Commodity ORM-D\" as their common or proper\nshipping name under the MOTs exceptions assuming the hazardous materials meet the MOTs definition in\n§171.8 and all applicable conditions of §173.6?\n3. Many of the items transported would not be eligible for the Limited Quantity or Consumer Commodity ORM-D\nssuming the hazardous materials meet the MOTs definition in §171.8 and all applicable conditions of §173.6\nrovision (e.g. 1 gallon can of acetone). Would a package with these products be acceptable under MOT\n4. May a store associate transport a hazardous material in their own vehicle between stores or te a customer\nlocation assuming the hazardous materials meet the MOTs definition in $171.8 and all applicable conditions of\n§173.6?\nto contact me at (831) 761-4470.\nI look forward to your response.\nShould you have any questions or require additional information, please do not hesitate\nVery truly yours,\nJold A Mash\nTodd A. Nash\nDirector of Regulatory Compliance\nWest Marine Products Inc\nPage 1 of 1","truncated":false,"body_characters":5310}