Saybolt LP — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1 2 0 New Jersey Ave.. S.E Washington, DC 20590 JUN 2 7 2008 Mr. Mike Conroy Saybolt LP 63 16 Windfem Houston, TX 77040 Ref. No. 08-0064 Dear Mr. Conroy: This responds to your March 7,2008 letter requesting clarification of the applicability of the materials of trade (MOTs) exceptions under the Hazardous Materials Regulations (HMR; 49 CFR parts 171 -1 80). You state that your company is a licensed public gauger and accredited laboratory serving the petroleum and petro-chemical industry. The primary business of your company is sample collection and analysis of products and samples for your clients. This includes the transport of small amounts of hazardous materials in your company vehicles between laboratories and off-site job locations. You ask whether the MOTs exceptions under tj 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 5 173.6 are met, you may utilize the MOTs exceptions for the transportation of hazardous materials between laboratories and off-site locations. I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, A'h " f i d Susan Gorsky Regulations officer Office of Hazardous Materials Standards#

Page 2MAR 7 2008 U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration East Building, 2nd Floor 1200 New Jersey Ave.. SE Washington, DC-20590 FAST TO THE POINT. To Whom It May Concern: I would appreciate your assistance in providing an Interpretation Letter for my company. I have located (PHMSA Interpretation #9&0503) issued to one of our competitors several years ago however; I have been tasked to acquire our awn letter from the Department of Transportation. It is my understanding that the "Materials of Trade" exemption located in 49CFR 173.6 applies to my company and I am seeking confirmation this is correct and would like to have an interpretation letter to keep on file. Please see the brief description below for your review: 1. My company is a licensed public gauger and accredited laboratory serving petroleum and petrochemical industry. 2. While acting as a private carrier, we transport small quantities (approximately liter sized bottles) of petroleum and petrochemicals (classes 3, 8, 9 and division 6.1) to our laboratory or other laboratories for our clients for analysis. 3. We also transport small quantities (approximately liter sized bottles) of chemicals utilized for wall-washing ships and barges to and from the job site. 4. Our clients for *om we transport the chemicals and petro-chemicals are manufacturers and distributors or trading companies. We do not transport chemicals or petrochemicals for any company whose principal business is transportation by motor vehicles. I thank you in advance for your cooperation in this matter. Mlk Conroy C Ssfer),, nalroing & QuallQ Coordinator - Gulf Coast Houston, Texas Phone: 713.328.2873 Dim1 Une 713.328.2707 Fax: 713.328.2186 ..**I WE'RE FlbSn F m TO 711E POIW SAYBOLT LP 6316 Windfem Houston, Texas 77040 USA Tel: 713 328 2673, Fax: 713 328 2185 www.saybolt.com#