{"operation":"document","citation":"09-0195","title":"Certispec Services USA, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-09-25","effective_on":null,"summary":"09-0195 response to Certispec Services USA, Inc. concerning 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0195.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0195.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0195","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090195.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave. S.E.\nWashington, D.C. 20590\nSEP 2 5 2009\nMr. David 0. Jones\nCertispec Services USA, Inc.\n1448 Texas Avenue\nTexas City, Texas 77590\nRef. No.: 09-0 195\nDear Mr. Jones:\nThis responds to your letter dated August 7,2009, regarding the applicability of the Material\nof Trade (MOTs) definition and exceptions under the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 17 1-1 80) to \"samples\" transported for purposes of testing.\nYou said that your company is a \"cargo inspection and testing company\" whose principal\nbusiness is to provide surveying and testing services on petroleum and environmental\nsamples. According to your letter, the samples consist of hazardous materials in\n1 -quart size containers, transported partially on public roads from one of your customer's\nfacilities to another, for purposes of testing. The samples are transported in a company-\nowned vehicle containing approximately four or five quarts in one shipment. You ask\nwhether the hazardous materials you use to perform the testing and analyses may be\nconsidered MOTs.\nThe answer is yes. The definition for MOTs includes hazardous materials transported by a\nprivate carrier in direct support of a principal business that is other than transportation by\nmotor vehicle (highway). Your principal business is testing and analyzing products for your\ncustomers using a small amount of hazardous materials in the process. In accordance with\n9 173.6, materials meeting the definition of any of the hazard classes listed in tj 173.6(a) may\nbe transported as MOTs provided all the conditions specified in 9 173.6 are met.\nI hope this information is helpful. If we can be of further assistance, please contact us.\nSincerely,\nCharles E. Betts\nffice of Hazardous Materials Standards hChief, Standards Division\n\n<<<PAGE 2>>>\n\nCertisp ec\nServices USA, Inc.\nAugust 7,2009\nU. S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\n400 Seventh Street, S. W.\nWashington, DC 20590\nDear Sir or Madam,\nWe are requesting your response on the application of the Materials of Trade (MOT)\nexception in 49CFR 17 1.8 and 1 73.6, with respect to the sample transport services that\nwe provide to one of our customers.\nThe samples consist of hazardous materials (Class I, Class I1 and Class 111) of 1 quart size\nthat we are transporting, partially on public roadways, from one of our customer's\nfacilities to another, for the purpose of testing. The samples are transported using our\ncompany-owned vehicle, and never amount to more than four or five quarts at one time.\nWe are a cargo inspection and testing company, established in Texas in 2005. Our SIC\nCodes are 4785 and 8734. Our principal business is cargo surveying of various\ncommodities, and testing services on petroleum and environmental samples. The sample\ntransport services that are the subject of this letter, do not amount to more than 10% of\nour overall business activities.\nWe should like to know whether these sample transport services meet the MOT exception\nunder the 49CFR regulations 171.8 and 173.6. Thank you in advance for your assistance\nin this matter. Please call me at 409-945-3338 if you have any questions.\nSincerely yours,\nCERTJSPM SERVICES USA, INC.\nCertispec Services USA, Inc.\n1448 Texas Avenue Texas City, Texas 77590\nPhone: 409-945-3338 Fax: 409-965-9923\nEmail: txcops@certispecusa.com","truncated":false,"body_characters":3470}