Target Specialty Products — Hazardous Materials Safety Interpretation

Page 1J.S. Departmen of Transportatior 400 Seventh Street, S.W. Washington, D.C. 20590 Pipeline and Administration Hazardous Materials Safety JUN 1 5 2006 Target Specialty Products Mr. Gary Maxwell Ref. No.: 06-0090 Santa Fe Springs, CA 90670-5711 15415 Marquardt Avenue Dear Mr. Maxwell: inder § 173.6 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180 "his is in response to your April 13, 2006 letter regarding the Materials of Trade exceptio Specifically, you ask if a hazardous material transported under the Materials of Trade exception may be transported (when originally packaged in combination packaging) without the strong outer packaging provided by the manufacturer. The answer is yes. Under § 173.6(b)(3) outer packagings are not required for receptacles (e.g., cans and bottles) that are secured against shifting in cages, carts, bins, boxes or materials of trade must be the manufacturer's original packaging or a packaging of equal or greater strength and integrity. contact this office. I hope this information is helpful. If you have further questions, please do not hesitate to Sincerely Holle I. Mitche 4 Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 171.8 173.6 6)(3) 060090#

Page 2follack §171.8(3) TARGET™ $ 173.6 MOT SPECIALTY PRODUCTS 06-0090 April 13, 2006 Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards 400 7th Street S.W. U.S. DOT/PHMSA (PHH-10) Washington, D.C. 20590-0001 Dear Mr. Mazzullo, waste, that is carried on a motor vehicle-(3) by a private motor carrier (including vehicles Section 171.8 (3) describes a Material of Trade as a hazardous material, other than a nazardous operated by a rail carrier) in direct support of a principal business that is other than transportation by motor vehicle. Target Specialty Products, USDOT 501011, is a wholesale distributor of pest managernent product from the original POP container. products. Often times our customers will request small quantities, which require us to remove the to our customers? We are a private motor carrier delivering our own products in direct support of As a wholesale distributor, do we meet the definition of 171.8 (3) when we deliver small quantities Exemption. Thank you for any help that you can provide. Sincerely Hany Mawell V.P. Regulatory Affairs Gary Maxwelt 15415 Marquardt Avenue 15415 Marquardt Avenue • Santa Fe Springs, California 90670 • (562) 802-2238 • (800) 352-3870 • FAX (562) 802-1786#