{"operation":"document","citation":"06-0273","title":"Piedmont Plastics, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-01-09","effective_on":null,"summary":"06-0273 response to Piedmont Plastics, Inc. concerning 171.1, 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0273.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0273.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0273","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060273.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWash ngton, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and Hazardous\nSAN\nMaterials Safety Administration\n9 2007\nMr. Dale Austin\nRef. No.: 06-0273\nQuality Manager\nPiedmont Plastics, Inc.\n5010 West W.T. Harris Boulevard\nCharlotte, NC 20221-6006\nDear Mr. Austin:\nThis is in response to your December 1, 2006 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to over the counter sales.\nSpecifically, you ask if limited quantities of hazardous materials that are reclassed as \"consumer\ncommodity, (ORM-D)\" are subject to the HMR when sold over the counter to customers at a\nretail sales establishment.\ninterstate and foreign commerce. The term \"in commerce\" means in furtherance of a\nAs specified in § 171.1, the HMR govern the transportation of hazardous materials in intrastate,\ncommercial enterprise. Accordingly, hazardous materials that are sold to customers for personal,\nnon-commercial use and transported by such persons in their personal vehicles are not subject to\nthe HMR. Hazardous raterials purchased by a customer to support a commercial enterprise are\nsubject to the HMR.\nmanufacturer's containers offered for sale via customer pick-up are required to be labeled. The\nIn addition, in accordance with the materials of trade exceptions, you ask whether your original\nanswer is no. In accordance with § 173.6(c)(1) a non-bulk packaging other than a cylinder\n(including a receptacle transported without an outer packaging) must be marked with a common\nname or proper shipping name to identify the material it contains, including the letters \"RQ\" if it\ncontains a reportable quantity of a hazardous substance.\nI hope this information is helpful. If you have further questions, please do not hesitate to contact\nthis office.\nSincerely,\nthat EDeRs\nenior Transportation Specialist\nOffice of Hazardous Materials Standards\n171.1\n173.6 (c) (1)\n060273\n\n<<<PAGE 2>>>\n\nHerrera.\nPage 1 ot 2\n§173.4\nINFOCNTR <PHMSA>\n$173.156\nFrom:\nDALE AUSTIN [claustin @piedmontplastics.com]\nORM-MOT\nSent:\nFriday, December 01, 2006 9:50 AM\n06-0273\nTo:\nINFOCNTR <PHUSA>\nSubject: Request for Interpretation\nPiedmont Plastics, Inc.\n5010 West W.T. Harris Bld.\nPh: (800) 277-7898\nCharlotte, NC 20221-6006\nHazardous Materials Information Center (HMIC)\nDecember 1, 2006\nU.S. DOT/PHMSA (PHH-10)\n400 7th Street S.W.\nWashington, D.C. 20590-0001\nDear Sir or Madam:\nI am writing to request an interpretation about the transportation and sale of hazardous\nmaterial. See below my questions but first the context.\nor accessory to our plast c sales we distribute some adhesives and other chemicals. Most of\nPiedmont Plastics is a medium size distributor of plastic rod, sheet and tube. As a supplement\nlimited quantities (ORM-D). A few of our several locations ship regulated material on common\nour chemicals sales are non-regulated. Another large portion of our chemicals sales are\ncarrier, courier or company truck. These locations ship these chemicals per the requirements\ncriteria that require registration, nor to we ship in quantities that would require vehicle\nof 49 CFR Parts 100 to 185. We do not pour or mix chemicals, we do not meet any of the\nplacarding.\nMy Questions:\n1. A great many of our sales are for customer pickup. Do these sales of Haz Mat fall under\n2. Several of our locations have storefronts in which customers purchase Haz Mat from a\nthe scope of 49 CFR Parts 100 to 185?\nstore shelf (as you would an any local hardware). Do these sales of Haz Mat fall under the\nscope of 49 CFR Parts 100 to 185?\n3. Fron the Materials of Trade exception, the material must be in the original manufacturer's\ncontainer and does not need outer packaging. The original container must be marked with\na common name or a proper shipping name. Is there a requirement that those original\nmanufacturer's containers that we offer for sale via customer pickup be labeled?\nSincerely,\nDale Austin\n12/1/2006\n\n<<<PAGE 3>>>\n\nrage < ot z\ndaustin@piedmontplastics.com\nPiedmont Plastics, Inc.\nQuality Manager\n12/1/2006","truncated":false,"body_characters":4080}