{"operation":"document","citation":"10-0030","title":"Environmental Scientist URS Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-03-10","effective_on":null,"summary":"10-0030 response to Environmental Scientist URS Corporation concerning 173.156.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0030.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0030.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0030","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100030.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave, SE\nWashington, D.C. 20590\nMAR 1 0 2010\nMs. Erin N. Jannin\nEnvironmental Scientist\nURS Corporation\n1600 Perimeter Park Drive, Suite 400\nMorrisville, NC 27560\nRef. No. 10-0030\nDear Ms. Jarman:\nThis responds to your February 3, 2010 letter concerning the exceptions for ORM-D materials\nunder the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). According to your\nletter, a distribution facility offers for transportation automotive parts, classed as ORM-D\nmaterials and unitized, to a contract carrier whose specialized service is the transport and\ndelivery of automotive parts to car dealerships. You ask whether the distribution facility may\ntake advantage of the exceptions for ORM-D materials provided in § 173.156(b)(l) if the\nmaterials are transported to multiple destinations as part of one shipment.\nThe answer is yes. In accordance with § 173.1 56(b)(1), ORM-D materials are excepted from\nthe requirements of the HMR when: (1) unitized in cages, carts, boxes, or similar overpacks; (2)\noffered for transportation or transported by rail, private or contract motor carrier; or common\ncarrier in a vehicle under exclusive use for such service; and (3) transported to or from a\nmanufacturer, a distribution center, and a retail outlet, or transported to a disposal facility from\none offeror. Thus, so long as the automotive parts (i.e., the ORM-D materials) remain unitized\nthroughout the shipment to the car dealerships, the distribution facility offering the ORM-D\nmaterials to a contract carrier may use the exceptions provided in § 173.156(b)(1).\nI hope this information is helpful. If you have further questions, please contact this office.\nSin:l'~\nCharles E. Betts\nClef, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nper k'YlofeV\"~¥\\\n~ 173.15(0&)\n£.Y.cep-h o'n w f) KM\n1\\11 {;(;tcn'~s\n10=0030\nFebruary 3,2010\nMr. Edward T. Mazzullo\nDirector, Office ofHazardous Materials Standards\nU.S. DOT/PHMSA (PHH-lO)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nDear Mr. Mazzullo:\nI am writing to you with regards to the applicability ofthe exceptions for ORM materials found in\n49 CFR § 173.156. Specifically, the language in 49 CFR § 173.156(b) states the following:\n\"In addition to other exceptions specified for ORM-D materials in this part:\nStrong outer packagings as specified in this part, marking requirements specified in subpart D of part\n172 ofthis subchapter, and the 30 kg (66 pounds) gross weight limitation are not required for\nmaterials classed as ORM-D when (i)\nUnitized in cages, carts, boxes or similar overpacks;\n(ii) Offered for transportation oftransported by:\n(A) Rail;\n(B) Private or contract motor carrier; or\n(C) Common carrier in a vehicle under exclusive use for such service; and\n(iii) Transported to or from a manufacturer, a distribution center, and a retail outlet ...\"\nIn the scenario in question, automotive parts which have been classed as ORM-D are unitized in\ncages, carts, boxes or similar overpacks. These unitized parts are then offered to a private,\ncontracted carrier whose sole function is delivering automotive parts to various automotive\ndealerships which are located within close proximity to one another. These dealerships are separate\nbusiness entities and share nothing in common from a business standpoint other than the fact that\nthey use the same or similar automotive parts classed as ORM-D which are delivered to them from\nthe same distribution facility by the same private, contracted carrier.\nMy question is as follows:\nUnder the scenario presented above, would these automotive parts be eligible for the exceptions for\nORM-D found in 49 CFR §173.156 even though the private, contracted carrier delivering them has\nautomotive parts for other dealerships loaded on their vehicle and is delivering them at the same time\nas part ofthe same delivery run?\nThank you in advance for your assistance. I look forward to your response.\nSincerely,\nErin N. Jannan\nEnvironmental Scientist\nURS Corporation\n1600 Perimeter Park Drive, Suite 400\nMorrisville, NC 27560\nTel: 919-461-1478\nErinjarman@urscorp.com","truncated":false,"body_characters":4238}