{"operation":"document","citation":"14-0115","title":"Midwest Veterinary Supply, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-03-19","effective_on":null,"summary":"14-0115 response to Midwest Veterinary Supply, Inc. concerning 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0115.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0115.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0115","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/140115.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWashington. DC\n1200 New Jersey Avenue SE\n20590\nPipeline and Hazardous\nAdministration\nMaterials Safety\nMAR 1 9 2015\nMs. Joanne Kittridge\nMidwest Veterinary Supply, Inc.\n21467 Holyoke Avenue\nLakeview, MN 55044\nRef. No. 14-0115\nDear Ms. Kittridge:\nThis is a response to your May 22, 2014 email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) with regard to the materials of trade\n(MOTs) exception under § 173.6. We apologize for the delay in responding and any\ninconvenience this may have caused. In your email, you describe delivering hazardous\nmaterials (hazmat) products, such as ORM-D products both between your company's\nwarehouse facilities and to veterinary clinics using your company's vehicles and drivers.\nSpecifically, you request clarification on whether the products, which are not for company\nuse, are eligible to be transported under the MOTs exception.\nThe answer is yes. Under the HMR, one of the defining conditions for a MOT is that it is a\nhazardous material, other than a hazardous waste, transported by a private motor carrier in\ndirect support of a principal business that is other than transportation by motor vehicle. If\na wholesale business uses its own vehicles and drivers) to transport goods to and from\ncustomer locations or their warehouses, then the MOTs exception in § 173.6 may be\nutilized it the quantity limitations in § 173.6(a) are not exceeded and the aggregate gross\nweight of all MOTs on a motor vehicle is not more than 200 kg (440 pounds). Note,\nhowever, that if the wholesale company hires a motor carrier to transport goods to and\nfrom customer locations, the MOTs exception does not apply.\nI hope this information is helpful. If you have any more questions, please do not hesitate\nto contact this office.\nSincerely,\nActing Chief, Standards Development\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nSuchak\nGoodall, Shante CTR (PHMSA)\n173.6\nSent:\nFrom:\nINFOCNTR (PHMSA)\n14-0115\nTo:\nMonday, June 16, 2014 11:08 AM\nHazmat Interps\nSubject:\nFW: Request for Interpretation Letter\nIt looks like this letter is missing from the Interps database. -Victoria\nFrom: INFOCNTR (PHMSA)\nTo: Drakeford, Carolyn (PHMSA)\nSent: Thursday, May 22, 2014 5:05 PM\nCc: INFOCNTR (PHMSA)\nSubject: FW: Request for Interpretation Letter\nHi Carolyn,\nWe received the following request for a letter of interpretation. Please let us know if you have any questions.\nThanks.\n-Adam\nFrom: Joanne Kittridge [mailto:Joanne.Kittridge@midwestvet.net]\nSent: Thursday, May 22, 2014 11:42 AM\nTo: INFOCNTR (PHMSA)\nSubject: Request for Interpretation Letter\nGood Afternoon,\nMidwest Veterinary Supply, Inc. is a Wholesale Distributor of Veterinary Supplies and devices as well as OTC Drugs and\nTexas. We have company vehicles and drivers employed by Midwest Veterinary Supply that deliver smaller quantities\nControlled Substances. We have warehouse facilities in Minnesota, lowa, Indiana, Wisconsin, Pennsylvania and\nof Hazardous Materials between our warehouse facilities as well as deliver to Veterinary clinics. The main product we\ndeliver is Isopropyl Alcohol. We also deliver several ORM-D products. All of the products we deliver would appear to fall\nunder Title 49 CFR, Materials of Trade. The confusion we are facing is conflicting information as to whether or not Title\n49 CFR, Materials of Trade would apply to our business model. We have been told that it would not apply as the\nproduct we are delivering are not for our own company use. Others have said that it does apply based on what\nHazardous Materials Qualify as MOT's.\nCould you please issue Midwest Veterinary Supply a letter of Interpretation on this matter?\nThank you,\nJoanne Kittridge\nCompliance Specialist\nMidwest Veterinary Supply, Inc. .\n21467 Holyoke Avenue\nLakeville, MN 55044\nJoanne.kittridge@midwestvet.net\n1\n\n<<<PAGE 3>>>\n\nPhone: 952-567-6248\nFax: 952-567-6282","truncated":false,"body_characters":3929}