{"operation":"document","citation":"09-0021","title":"DENSO Manufacturing Tennessee, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-02-13","effective_on":null,"summary":"09-0021 response to DENSO Manufacturing Tennessee, Inc. concerning 171.8, 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0021.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0021.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0021","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2009/090021.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMr. Bob Booker\nSenior Manager, Legal Services and Corporate Compliance\nDENS0 Manufacturing Tennessee, Inc.\n1720 Robert C. Jackson Drive\nMaryville, TN 37801-3748\nRef. No. 09-0021\nDear Mr. Booker:\nThis responds to your January 19,2009 letter requesting clarification of the use of the\nmaterials of trade exceptions under the Hazardous Materials Regulations (HMR; 49 CFR\nParts 171 -1 80). According to your letter, your company transports regulated medical waste\n(UN3291) between facilities at an industrial park in company-owned and -operated vehicles\nfor the purpose of consolidation of the material at one facility for subsequent pickup and\ndisposal by a separate company. You ask whether you may transport your regulated medical\nwaste as a material of trade.\nThe answer is yes. It is the opinion of this Office that regulated medical waste transported by\nyour company's employees in company vehicles in direct support of your business may be\ntransported as a material of trade. In accordance with 5 171.8, the definition of a material of\ntrade includes a hazardous material, other than a hazardous waste, that is carried on a motor\nvehicle by a private motor carrier in direct support of a principal business that is other than\ntransportation by motor vehicle. Therefore, provided the regulated medical waste is\npackaged in conformance with 9 173.6 paragraphs (a)(4) and (a)(4)(ii), and otherwise\nconforms to the conditions of 173.6, the regulated medical waste may be transported by\nyour company as a material of trade.\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely,\nhief, Standards Development\nMaterials Standards\n\n<<<PAGE 2>>>\n\nD E N S 0 MANUFACTURING TENNESSEE, I N C .\n1720 Robert C. Jackson Drive\nMaryville, Tennessee 37801-3748\n_\nJanuary 19,2009\nMr. Charles E. Betts\nChief, Standards Development\nOffice of Hazardous Materials Standards\n1200 New Jersey Ave. S.E.\nWashington, D.C. 20590\nDear Mr. Betts,\nOur company, DENS0 Manufacturing Tennessee Inc., manufactures auto parts and\noccupies several facilities on either side of the street in a small industrial park. The\nmaximum distance from any given facility to another is less than 1 mile. Each facility\ngenerates, or has the potential to generate materials classified as LPJ 3291, Regulated\nMedical Wastes. The materials are generated at our first aid stations and restrooms.\nSharps are stored in closed, puncture resistant containers and all other materials are\ncollected and stored in rigid containers with poly liners and do not contain liquids.\nOur goal is to consolidate the material at one DENS0 facility. It would then be picked up\nby an approved treatment company. In this scenario, we would utilize our company\npersonnel and vehicles to transport the materials to the consolidation site.\nWould the materials for trade exception found in 49 CFR 173.6 apply to the transport for\nconsolidation of the materials, provided the packaging and weight requirements of\n49 CFR 173.6(a-e) are met?\nAny information or guidance you could offer is appreciated.\nSincerely,\nSenior Manager, Legal Services and Corporate Compliance\nDENS0 Manufacturing Tennessee, Inc.","truncated":false,"body_characters":3325}