{"operation":"document","citation":"98-0038","title":"Digital Audio Disc Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1998-07-09","effective_on":null,"summary":"98-0038 response to Digital Audio Disc Corporation concerning 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0038.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0038.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0038","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980038.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S.Department\n00 Seventh Street, S.W\nVashington, D.C. 2059(\nSpecial Programs\nResearch and\nAdministration\nJUL\n9 1998\nMr. Gary J. Garrahan\nRef. No: 98-0038\nEnvironmental Engineer\nDigital Audio\nDisc Corporation\nP.O. Box 3710\nTerre Haute, Indiana 47803-0710\nDear Mr. Garrahan:\nThis is in response to your letter of April 30, 1998, requesting\nclarification of the materials of trade (MOTs) exception provided\nin the Hazardous Materials Regulations (HMR; 49 CFR parts 171-\n180). You presented the following scenario:\nYour manufacturing operations consist of two buildings separated\nby a road with public access. Occasionally you may have a need\nmaterial) from one building to the other.\nto transport a small quantity le:g., 1 gallon of a Class 3, PG II\nThis, is not a normal\nbusiness practice, it would occur only when necessary.\nThe\nmaterial is transported by a private carrier and is used to\ndirectly support your manufacturing process.\nThe above scenario qualifies for transportation as MOTs provided\nall requirements in $ 173.6 are met.\nI hope this satisfies your request.\nSincerely,\nDelmer\nE. Billings\nChief, Standards Development\nOffice of Hazardous Materials\nStandards\n\n<<<PAGE 2>>>\n\nLAVAIle\n- -\nMOTS\n1800 North Fruitridge Avenue\nDigital\nTerre Haute, Indiana 47803-0710\nP.O. Box 3710\nPhone: (812) 462-8100\nAudio Disc\nFacsimile: (812) 462-8755\nCorporation\nApril 30, 1998\nMr. Edward Mazzullo, Director\nOffice of Hazardous Material Standards (DHM-10)\nU.S. Department of Transportation\n400 7th Street SW\nWashington, D.G. 20590\nRE: Clarification on Materials of Trade Exception\n-\n---\nMr. Mazzullo:\nOn April 29, I spoke by phone with Mr. Mark Berger of your office, regarding a\nclarification to the Materials of Trade exception. I would like to formally verify the\nanswer to my questions.\nSimply put, my question is: Does the Materials of Trade exception apply to the\ntransportation of hazardous materials which are used in a manufacturing process?\nConsider the following scenario:\nOur manufacturing operations consist of two buildings separated by a public way.\nOccasionally, an unforeseen situation may arise where we deplete our inventory of a\nparticular raw material or manufacturing aid to the point where it may impair the\nmanufacturing process prior to receipt of a new shipment. Under such a circumstance,\nin order to keep the manufacturing process operating, it would be convenient to\ntransport a small quantity (e.g., one gallon of a Class 3, Packing Group II liquid) from\none building to the other by our company truck, under the Materials of Trade exception,\nuntil the inventory of this material is replenished through normal business means. In\nother words, this transportation would be infrequent and would only occur as a result of\nan immediate, urgent and necessary business need, as opposed to a regular business\npractice.\nWe believe that the transportation of such small quantities of hazardous materials\nwould be allowed due to the definition:\nA Subsidiary of Sony Corporatiön of America\n\n<<<PAGE 3>>>\n\n• \"Mr. Edward Mazzullo\npage 2\nApril 30, 1998\n- -\n• -\n--\nMaterial of trade means a hazardous material, other than a hazardous waste, that\nis carried on a motor vehicle-\n(1) For the purpose of protecting the health and safety of the motor vehicle\noperator or passengers;\n(2) For the purpose of supporting the operation or maintenance of a motor\nvehicle (including its auxiliary equipment); or\n(3) By a private motor carrier (including vehicles operated by a rail carrier)\nin direct support of a principal business that is other than\ntransportation by motor vehicle.\nThe fact that the carriage of the hazardous material would be for the purpose of directly\nsupporting our manufacturing process would seem to fit the definition.\nWhile a scenario such as the one we have described may not have been considered\nduring the development of §173.6, we believe that interpreting $173.6-to include-such a --\n-\nscenario does meet the spirit and intent of the exception for the following reasons:\n1. The materials in question are in small quantity (thus affording low hazard);\n2. They are transported for the sole purpose of supporting a principal business (i.e.,\nmanufacturing);\n3. The transportation of these materials is infrequent, as it is inefficient to transport\nsuch small quantities on a routine basis.\nIn speaking with Mr. Berger, who stated that he discussed this scenario with several\npeople in your office who helped develop §173.6, it appeared that our interpretation did,\nin fact, meet the definition of a material of trade, particularly since such transportation\nwould be deemed inefficient, thus occurring infrequently.\nWe thank you for consideration of our inquiry and look forward to your response.\nSincerely,\nLay 9. Manchar\nGary J. Garrahan\nEnvironmental Engineer,\nDigital Audio Disc Corporation\nDOT MOT.DOC","truncated":false,"body_characters":4862}