{"operation":"document","citation":"08-0064","title":"Saybolt LP — 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":"08-0064 response to Saybolt LP concerning 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0064.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0064.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0064","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080064.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1 2 0 New Jersey Ave.. S.E\nWashington, DC 20590\nJUN 2 7 2008\nMr. Mike Conroy\nSaybolt LP\n63 16 Windfem\nHouston, TX 77040\nRef. No. 08-0064\nDear Mr. Conroy:\nThis responds to your March 7,2008 letter requesting clarification of the applicability of the\nmaterials of trade (MOTs) exceptions under the Hazardous Materials Regulations (HMR; 49\nCFR parts 171 -1 80). You state that your company is a licensed public gauger and accredited\nlaboratory serving the petroleum and petro-chemical industry. The primary business of your\ncompany is sample collection and analysis of products and samples for your clients. This\nincludes the transport of small amounts of hazardous materials in your company vehicles\nbetween laboratories and off-site job locations. You ask whether the MOTs exceptions under\ntj 173.6 of the HMR 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 5 173.6 are met, you may utilize the MOTs exceptions for the transportation\nof hazardous materials between laboratories and off-site locations.\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely,\nA'h \" f i d\nSusan Gorsky\nRegulations officer\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nMAR 7 2008\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\nEast Building, 2nd Floor\n1200 New Jersey Ave.. SE\nWashington, DC-20590 FAST TO THE POINT.\nTo Whom It May Concern:\nI would appreciate your assistance in providing an Interpretation Letter for my company. I have\nlocated (PHMSA Interpretation #9&0503) issued to one of our competitors several years ago\nhowever; I have been tasked to acquire our awn letter from the Department of Transportation.\nIt is my understanding that the \"Materials of Trade\" exemption located in 49CFR 173.6 applies to\nmy company and I am seeking confirmation this is correct and would like to have an interpretation\nletter to keep on file. Please see the brief description below for your review:\n1. My company is a licensed public gauger and accredited laboratory serving petroleum and\npetrochemical industry.\n2. While acting as a private carrier, we transport small quantities (approximately liter sized\nbottles) of petroleum and petrochemicals (classes 3, 8, 9 and division 6.1) to our\nlaboratory or other laboratories for our clients for analysis.\n3. We also transport small quantities (approximately liter sized bottles) of chemicals utilized\nfor wall-washing ships and barges to and from the job site.\n4. Our clients for *om we transport the chemicals and petro-chemicals are manufacturers\nand distributors or trading companies. We do not transport chemicals or petrochemicals\nfor any company whose principal business is transportation by motor vehicles.\nI thank you in advance for your cooperation in this matter.\nMlk Conroy C\nSsfer),, nalroing & QuallQ Coordinator - Gulf Coast\nHouston, Texas\nPhone: 713.328.2873 Dim1 Une 713.328.2707 Fax: 713.328.2186\n..**I\nWE'RE FlbSn F m TO 711E POIW\nSAYBOLT LP\n6316 Windfem\nHouston, Texas 77040 USA\nTel: 713 328 2673, Fax: 713 328 2185\nwww.saybolt.com","truncated":false,"body_characters":3467}