{"operation":"document","citation":"08-0044","title":"Inspecorate America Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-06-27","effective_on":null,"summary":"08-0044 response to Inspecorate America Corporation concerning 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0044.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0044.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0044","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080044.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Ave.. S E\nWashington. DC 20590\nJUN 2 7 2008\nMr. John E. Williams I11\nDirector HSE\nInspectorate America Corporation\n'12000 Aerospace Avenue, Suite 200\nHouston, TX 77034-5576\nRef. No. 08-0044\nDear Mr. Williams:\nThis responds to your February 15,2008 letter, requesting clarification on the materials of\ntrade (MOTs) exception under the Hazardous Materials Regulations (HMR; 49 CFR Parts\n17 1 - 1 80). According to your letter, your company transports samples from chemical and\npetroleum refineries and marine terminals to your laboratories and facilities. Additionally,\nyou transport and use small amounts of solvents to conduct wall wash tests on marine\nvessels. The run off of the wash is collected and analyzed to determine the presence of any\ncontaminants prior to loading other chemicals or petroleum products. You request\nconfirmation that these activities performed by your non transportation-related company\nqualify for the MOTs exception. You ask whether the MOTs exceptions under $ 173.6 of the\nHMR apply to the hazardous materials transported by your company.\nThe answer is yes. The HMR define a MOT as hazardous material, other than a hazardous\nwaste, that is carried on a motor vehicle by a private motor carrier in direct support of a\nprincipal business that is other than transportation by motor vehicle. Provided all\nrequirements of $1 73.6 are met, you may utilize the MOTs exceptions for the transportation\nof hazardous materials between your laboratories and facilities and off-site locations.\nI hope this answers your inquiry.\nSincerely,\n/ h L L%\\\nSusan Gorsky\nActing Chief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nI\n,-3 ! c ? , 0's f LI) I - .< \\ \\ : 7'3 1 ,\n: r\nOperations Support Team (OST)\n12000 Aerospace Avenue, Suite 200\nHouston, TX 77034-5576\nC; KC 19 ;; I,: .-,?\nMr. Theodore Willke Associate Administrator for Hazardous Materials Safety\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\nEast Building, 2nd Floor\nMail Stop: E22-227\n1200 New Jersey Ave., SE\nWashington, DC 20590\nB o & ~ e\nFebruary 15,2008\nSubject: Transportation of Materials of Trade\nDear Sir,\nInspectorate America Corporation operates as US Customs accredited Petroleum and Chemical gauging, sampling\nand analysis company under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171 - 180). In our normal\nscope of business, we carry limited quantities of sampled materials from chemical and petroleum refineries, marine\nterminals, marine vessels, etc., to our accredited laboratories and retain facilities. This transportation is incidental to\nour business, which is the measurement of bulk cargoes, and the subsequent analysis of the samples drawn.\nWe also transport and use small amounts of hazardous materials such as solvents to conduct wall wash tests on\nmarine vessels. The run off of the wash is collected and analyzed to determine the presence of any contaminants\nprior to loading of other chemicals or petroleum products.\nWe would like you to confirm that the small amounts of hazardous materials ihat we transport as samples and the\nmaterials used in wall washes, provided that we meet the requirements of 3 173.6, are covered under the exemptions\nfor \"Materials of Trade\" - In that we operate a business that is not transportation related and transport these small\nquantities of hazardous materials over highways as an incidental business requirement.\nThis request arises as a direct result of us seeing a letter on the PHMSA website which allows one of our direct\ncompetitors engaged in the same type of work to use this exemption and allowance. We feel that although this letter\nappears to set somewhat of a precedent in this matter, we wo~~ld appreciate your confirmation.\n(Please see:\nMany thanks for your kind assistance in this matter. We look forward to your response.\n...\" Director HSE ' ' Inspectorate America Corporation","truncated":false,"body_characters":4035}