{"operation":"document","citation":"13-0142","title":"EHS Assurance — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-08-05","effective_on":null,"summary":"13-0142 response to EHS Assurance concerning 171.8, 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0142.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0142.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0142","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130142.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\nAUG 0 5 201.!\nMr. Andrew Peterson\nEHS Assurance Manager\n1 Cyclotron Road\nBerkeley, CA 94720\nRef. No.: 13-0142\nDear Mr. Peterson:\nThis is in response to your June 24, 2013 letter regarding the Materials of Trade (MOTs)\nexception of the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180). You state\nthat as part of the normal operations of the Lawrence Berkeley National Laboratory (LBNL),\ntrade workers, scientists, researchers, and support staff transport small quantities of hazardous\nmaterials (flammable liquids, flammable solvents, biological samples, and compressed gases)\nin motor vehicles to various locations both on and off LBNL property to conduct some aspect\nof their work. You ask whether such transportation is eligible for the MOTs exceptions of\n§ 173.6.\nThe answer is yes. Section 171.8 provides three definitions ofMOTs. One definition is a\nhazardous material, other than a hazardous waste, that is carried on a motor vehicle by a\nprivate catTier in direct support of a business that is other than transportation by motor\nvehicle. The transportation operations conducted by LBNL personnel described in your letter\nmeet this definition. Provided all conditions of§ 173.6 are met, the MOTs exception may be\napplied.\nI trust this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\n,r]---~~U A~ift.--~\nDuane A. Pfund r\nInternational Standards Coordinator\nStandards and Rulemaking Division\n-------\n·----~ ---~-----~~~--------~-\n-~---------~---\n\n<<<PAGE 2>>>\n\nJune 24, 2013\nU.S. DOT\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH -10\nEast Building\n1200 New Jersey Avenue, SE.\nWashington, DC 20590-0001\nDear Madam or Sir,\nLawrence Berkeley National Laboratory (LBNL) is a contractor operated by the University of\nCalifornia under contract to the U.S. Department of Energy (DOE). Under the contract between\nthe University of California and DOE, LBNL is required to comply with the Department of\nTransportation's regulations for transporting hazardous materials.\nAs part of LBNL's normal operations, we have trade workers, researchers and support staff who\nneed to transport small quantities of hazardous materials (within limits documented in 49 CFR,\nSection 173.6), such as flammable solvents, biological samples, and compressed gases, in\nvehicles to various buildings and field locations both on and off LBNL' s property to perform\nsome aspect of their work. Trades and craft workers for example transport small quantities of\nhazardous materials commonly used in their trade (such as landscapers transporting extra\ngasoline for power tools or pesticides to a job site for the day to conduct their\nbusiness). Scientist and researchers need to periodically transport research items containing\nhazardous materials to a given field locations to conduct experiments, collect samples or evaluate\nenvironmental conditions for example. In some cases a scientist may require support staff to\ntransport hazardous materials from one field location to another on behalf of the scientists.\nA question has arisen about applicability of the materials of trade exception to our\noperations. LBNL believes the materials of trade exception applies to our operations and are\nseeking clarification. Does the material of trade exception cover the types of operations we have\ndescribed above? Does materials of trade exception apply to support staff, of a given research\nteam, transporting hazardous materials on behalf of a scientist or researcher, to and from field\nlocations?\nThank you for your response.\nAndrew Peterson\nEHS Assurance Manager\n1 Cyclotron Road\nBerkeley, CA. 94720\n510-495-8128\nafpeterson@ lbl.gov","truncated":false,"body_characters":3835}