{"operation":"document","citation":"07-0090","title":"Boston Scientific Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-06-12","effective_on":null,"summary":"07-0090 response to Boston Scientific Corporation concerning 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0090.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0090.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0090","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070090.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington. DC 20590\n1200 New Jersey Ave. SE\nPipeline and Hazardous\nMaterials Safety\nAdministration\nJUN 12 2007\nMs. Julie Whitted\nBoston Scientific Corporation\nSr. EHS Specialist\nRef No.: 07-0090\n5905 Nathan Lane\nPlymouth, MN 55442\nDear Ms. Whitted:\nThis is in response to your April 27, 2007 letter regarding the use of the materials of trade\n(MOTs) exception under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-\n180). According to your letter, your company transports hazardous materials between\ncompany owned facilities in a company owned vehicle operated by a company employee\nfor the purpose of storage, research and development, or production-related activities.\nYou further state that the principal business of your company is not transportation by\nmotor vehicle. You ask if transportation of hazardous materials in this manner satisfies\nthe definition of \"material of trade\" in § 171.8, thereby making the shipment of these\nmaterials eligible for the MOTs exception specified in § 173.6.\nhazardous waste, that is carried on a motor vehicle: (1) for the purpose of protecting the\nThe definition of \"material of trade\" in § 171.8 is a hazardous material, other than a\nhealth and safety of the motor vehicle operator or passengers; (2) for the purpose of\nsupporting the operation or maintenance of a motor vehicle (including its auxiliary\nequipment); or (3) by a private motor carrier (including vehicles operated by a rail\ncarrier) in direct support of a principal business that is other than transportation by motor\nThe transportation you describe meets criteria (3) in the definition of \"material of trade,\"\nuse the exception in § 173.6 provided the hazardous materials are prepared and offered\nprovided the hazardous material is not a hazardous waste. Therefore, your company may\nfor transportation in accordance with the requirements specified in § 173.6.\nI hope this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely\nJohn a Cale\nChief, Standards Development\nOffice of Hazardous Materials Standards\n070090\n\n<<<PAGE 2>>>\n\nEichenlaub\n$171.8\nMOr\n:\nSCientific\n07 - 0091\n67*.\nPlymouth, MN 55442\n5905 Nathan Lane\nwww.bostor:scientific.com\n763.694.5500\nApril 27, 2007\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\nOffice of Hazardous Materials Safety\n400 7th St., S.W.\nWashington, DC 20590\nRe: Materials of Trade\nDear Sir/Madame:\nThe Boston Scientific Cardiovascular Minnesota division (BSC) is formally\nrequesting an interpretation to the Materials of Trade exemption as published in\nTitle 49 CFR Section 171.8. BSC has 3 facilities located within 10 miles of each\nother operating as individual plants with operations that support business activity\nat each location. There are several occasions where hazardous materials need\nto be transferred from one facility to another for the purpose of storage, research\nand development (R&D), or production related activity.\nThe principle business of BSC is not transportation and a company owned and\nBSC employee is utilized for all business related transportation of material\noperated truck (private motor carrier) as defined in 171.8(3) along with a full time\nbetween BSC locations.\nWe are requesting an interpretation to determine if the materials that will be\nlisted in 49 CFR Section 171.8 - specifically paragraph (3) where the definition\ntransported between BSC facilities meets the definition of Materials of Trade as\nthat is other than transportation by motor vehicle.\" The transfer of hazardous\nstates that \"By a private motor carrier in direct support of a principal business\nmaterial between facilities is for reasons stated above and limited to the support\nof research and development functions or to supply material to a facility in\nsupport of production demands.\nIt is our belief that the hazardous material being transported between BSC\nfacilities meets the definition of a Material of Trade based on the informatior\nrovided in the statements above. Note that all hazardous materials currently\nbeing offered for transportation between BSC facilities is being transported in\n\n<<<PAGE 3>>>\n\nScientific\naccordance with all of the Hazardous Materials Transportation rules and BSC will\ncontinue to do so until the interpretation response is received and is in\nand interpretation to this rule.\nagreement with our interpretation of the rule. We look forward to your response\nSincerely,\nsquated Ross\nKristi A. Ross\nSr. EHS Specialist\nBoston Scientific Corporation\nSulle Whited\nSr. EHS Specialist\nBoston Scientific Corporation","truncated":false,"body_characters":4644}