{"operation":"document","citation":"09-0232","title":"BP Products North America — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-10-29","effective_on":null,"summary":"09-0232 response to BP Products North America concerning 171.8, 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0232.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0232.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0232","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090232.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration\n1200 New Jersey Ave, SE\nWashington, D.C. 20590\nOCT 29 2009\nMs. Becky Conn\nDOT Coordinator\nTexas City Refinery\nBP Products North America\nP.O. Box 401\nTexas City, TX 77592\nReference No. 09-0232\nDear Ms. Conn:\nThis is in response to your October 14, 2009 e-mail and October 21, 2009 telephone\nconversation with a member ofmy staff concerning the material oftrade exception in § 173.6\nofthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically you ask\nifyour company's employees may fill bottles with hazardous materials samples from a BP\nProducts North America marine facility and transport them by contract motor carrier (a cargo\ninspection company) approximately 1-1/2 miles over public roads to your company's on-site\nlab as a material oftrade.\nThe answer is no. A \"material oftrade\" is defined in § 171.8 as a hazardous material, other\nthan a hazardous waste, that is carried on a motor vehicle by a private motor carrier in direct\nsupport of a principal business that is other than transportation by motor vehicle. A \"private\nmotor carrier\" is a carrier that transports the business's own products and does not provide\nsuch transportation service to other businesses. A contractor may take advantage ofthe\nmaterial oftrade exception (§ 173.6) and carry hazardous materials in direct support ofhis or\nher own business if their primary business is other than transportation by motor vehicle. But a\ncompany that hires a contractor or other transportation company to transport its hazardous\nmaterials may not transport these materials as a material oftrade.\nI hope this satisfies your request.\n../:\n_\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice ofHazardous Materials Standards\n\n<<<PAGE 2>>>\n\nRequest for Interpretation Page 1of 1\nDrakeford, Carolyn (PHMSA)\nFrom: Betts, Charles (PHMSA)\nSent: Wednesday, October 14, 2009 1 :02 PM\nTo: Drakeford, Carolyn (PHMSA)\nSubject: FW: Request for Interpretation From: Conn! Becky [mallto:Becky.Conn@bp.com] Sent: Wednesday! October 14! 2009 12:58 PM\nTo: Betts! Charles (PHMSA)\nSubject: Request for Interpretation\n~dWl0Y\\50Y\\\n~r13. ~ .\nfv\\ 0T 6xtept1alts\n(Jq, C{t.. 31--J\nDear Mr. Betts,\nThis request for interpretation is submitted regarding the applicability of the Materials of Trade exception for the\ntransportation of hazardous materials samples by a cargo inspection company, when not in furtherance of their\nprimary business of inspection and testing.\nThe scenario is a cargo inspection company is contracted to transport hazmat samples from a our marine facility\nto our on~site laboratory, a distance of approximately 1~1/2 miles on public roads. The sample bottles are not\nfilled by the employees of the cargo inspection company and are not destined to be tested or retained by the\ncargo inspection company. Our employees fill the bottles and offer them to the cargo inspection company for\ntransport to our lab. The inspection company is contracted to provide shipping papers and packaging and is paid\non a \"per run\" basis, with a \"run\" being each time they are called to our marine facility to pick~up and deliver\nsamples. Please advise, if in this scenario, the cargo inspection company would be authorized to transport\nhazardous materials under the MOT exception.\nYour assistance is greatly appreciated.\nBest regards,\nBecky Conn\nDOT Coordinator, Texas City Refinery\nBP Products North America\nTel: 409-965~8661\nFax:409~965~8704\nCell: 409-392-6399\nOur stand: What you say matters.\nThe information contained in this communication is COMPANY CONFIDENTIAL and may not be shared\noutside of the BP Texas City Site without specific permission from the appropriate member of the BPTC\nLeadership Team. Any viewing, copying or distribution of, or reliance on this message by unintended\nrecipients is strictly prohibited. If you have received this message in error, please notify us immediately by\nreplying to the message and deleting it from your computer.\n10/14/2009","truncated":false,"body_characters":4050}