# Inspecorate America Corporation — Hazardous Materials Safety Interpretation

- **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:** Not available
- **summary:** 08-0044 response to Inspecorate America Corporation concerning 173.6.
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- **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:**

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U.S. Department
of Transportation
Pipeline and Hazardous
Materials Safety
Administration
1200 New Jersey Ave.. S E
Washington. DC 20590
JUN 2 7 2008
Mr. John E. Williams I11
Director HSE
Inspectorate America Corporation
'12000 Aerospace Avenue, Suite 200
Houston, TX 77034-5576
Ref. No. 08-0044
Dear Mr. Williams:
This responds to your February 15,2008 letter, requesting clarification on the materials of
trade (MOTs) exception under the Hazardous Materials Regulations (HMR; 49 CFR Parts
17 1 - 1 80). According to your letter, your company transports samples from chemical and
petroleum refineries and marine terminals to your laboratories and facilities. Additionally,
you transport and use small amounts of solvents to conduct wall wash tests on marine
vessels. The run off of the wash is collected and analyzed to determine the presence of any
contaminants prior to loading other chemicals or petroleum products. You request
confirmation that these activities performed by your non transportation-related company
qualify for the MOTs exception. You ask whether the MOTs exceptions under $ 173.6 of the
HMR apply to the hazardous materials transported by your company.
The answer is yes. The HMR define a MOT as hazardous material, other than a hazardous
waste, that is carried on a motor vehicle by a private motor carrier in direct support of a
principal business that is other than transportation by motor vehicle. Provided all
requirements of $1 73.6 are met, you may utilize the MOTs exceptions for the transportation
of hazardous materials between your laboratories and facilities and off-site locations.
I hope this answers your inquiry.
Sincerely,
/ h L L%\
Susan Gorsky
Acting Chief, Standards Development
Office of Hazardous Materials Standards

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I
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: r
Operations Support Team (OST)
12000 Aerospace Avenue, Suite 200
Houston, TX 77034-5576
C; KC 19 ;; I,: .-,?
Mr. Theodore Willke Associate Administrator for Hazardous Materials Safety
U.S. Department of Transportation
Pipeline and Hazardous Materials Safety Administration
East Building, 2nd Floor
Mail Stop: E22-227
1200 New Jersey Ave., SE
Washington, DC 20590
B o & ~ e
February 15,2008
Subject: Transportation of Materials of Trade
Dear Sir,
Inspectorate America Corporation operates as US Customs accredited Petroleum and Chemical gauging, sampling
and analysis company under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171 - 180). In our normal
scope of business, we carry limited quantities of sampled materials from chemical and petroleum refineries, marine
terminals, marine vessels, etc., to our accredited laboratories and retain facilities. This transportation is incidental to
our business, which is the measurement of bulk cargoes, and the subsequent analysis of the samples drawn.
We also transport and use small amounts of hazardous materials such as solvents to conduct wall wash tests on
marine vessels. The run off of the wash is collected and analyzed to determine the presence of any contaminants
prior to loading of other chemicals or petroleum products.
We would like you to confirm that the small amounts of hazardous materials ihat we transport as samples and the
materials used in wall washes, provided that we meet the requirements of 3 173.6, are covered under the exemptions
for "Materials of Trade" - In that we operate a business that is not transportation related and transport these small
quantities of hazardous materials over highways as an incidental business requirement.
This request arises as a direct result of us seeing a letter on the PHMSA website which allows one of our direct
competitors engaged in the same type of work to use this exemption and allowance. We feel that although this letter
appears to set somewhat of a precedent in this matter, we wo~~ld appreciate your confirmation.
(Please see:
Many thanks for your kind assistance in this matter. We look forward to your response.
..." Director HSE ' ' Inspectorate America Corporation
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