{"operation":"document","citation":"11-0245","title":"DENTSPLY International, Caulk Division — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-11-21","effective_on":null,"summary":"11-0245 response to DENTSPLY International, Caulk Division concerning 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0245.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0245.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0245","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110245.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department Washington. DC 20590\n1200 New Jersey Avenue SE\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nNOV 2 1 2011\nMr. Kevin Marrow\nDENTSPL Y International, Caulk Division\n38 West Clarke Avenue\nMilford, DE 19963\nReference No.: 11-0245\nDear Mr. Marrow:\nThis responds to your September 14, 2011 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR: 49 CFR Parts 171-180) applicable to the use ofthe Materials\nof Trade (MOTs) exception provided in § 173.6. In your letter, you state that you are a\nmanufacturer of equipment and supplies used by dentists, and that your equipment and\nsupplies use raw materials that require quality control testing. You ask ifthe MOTs\nexception would apply to small samples of these raw materials transported between your\nmanufacturing plants on public roads in support ofyour business.\nProvided the raw materials you are transporting are in a hazard class and quantity that are\nallowed by § 173.6, the answer is yes, you would be allowed to transport the raw materials\nas MOTs. Section 173.6 contains specific provisions for certain hazardous materials\nmeeting the definition of MOTs, as defined in § 171.8. MOTs that are being transported by\nprivate motor vehicle are not subject to any other requirements of the HMR except those set\nforth or referenced in § 173.6.\nI hope this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent: Wednesday, October OS, 2011 4:57 PM\nTo: Drakeford, Carolyn (PHMSA)\nSubject: FW: Please Provide a Formal Letter of Interpretation - Materials of Trade\nII-D~46\nHi Carolyn,\nIt looks like this letter also needs to be assigned.\nThanks,\nVictoria\nFrom: INFOCNTR (PHMSA)\nSent: Wednesday, September 14, 2011 5:37 PM\nTo: Drakeford, Carolyn (PHMSA)\nSubject: FW: Please Provide a Formal Letter of Interpretation - Materials of Trade\nHi Carolyn,\nWe received the following request for a letter of interpretation.\nThanks,\nVictoria\nVictoria Lehman\nHazmat Information Center (HMIC)\nhttp://phmsa.dot.gov/hazmat/info-center\n(202) 366-1035\nFrom: Marrow, Kevin [mailto:Kevin,Marrow@dentsply.com]\nSent: Wednesday, September 14, 2011 2:18 PM\nTo: INFOCNTR (PHMSA)\nSubject: Please Provide a Formal Letter of Interpretation - Materials of Trade\nDENTSPLY Caulk is a manufacturer of equipment and supplies used by dentist. These equipment and supplies we\nmanufacture are classified by the Food and Drug administration as medical devices and pharmaceuticals products. With\nsuch a classification, all the raw materials (e.g. phenol, sodium hydroxide 50%, sodium fluoride, methanol,\nformaldehyde, etc.) we used to manufacture these equipment and supplies have to go through quality control testing.\nSmall samples of these raw materials have to be pulled and transported between our plants on public roads to reach\nthe applicable quality control laboratory. Provided these small samples meet the quantity limitations given in 49 CFR\n173.6, are we permitted to transport these small samples between our plants as Materials ofTrade. Please note that\nquality control testing of our raw materials is required to support manufacturing operations (principle business) but\ndoes not meet the classic example of transporting paint to support a painting service or transporting gasoline to support\na lawn care business as given in the Materials of Trade definition, subparagraph (1) (49 CFR 178.8). If you have specific\nquestions, please do not hesitate to contact me at 302-393-3395. We look forward to your response.\nRegards,\n1","truncated":false,"body_characters":3725}