{"operation":"document","citation":"98-0287","title":"Mr. Tom Perry — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1998-11-06","effective_on":null,"summary":"98-0287 concerning 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0287.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0287.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0287","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980287.pdf","body":"<<<PAGE 1>>>\n\n•\n•\nof Transportation\nU.S. Department\n400 Seventh Street. S.W\nResearch and\nWashington, D.C.\n20590\nSpecial Programs\nAdministration\nNOV * 6 1998\nMr. Tom Perry\n2867 Stratford Drive\nRef. No. 98-0287\nLargo, Florida 33771\nDear Mr. Perry:\nThis is in response to your letter dated September 18, 1998, requesting clarification on the applicability\nof the materials of trade exceptions in § 173.6 of the Hazardous Materials Regulations (HMR; 49 CFR\nParts 171-180) to your pool cleaning service. Specifically, you are requesting verification from this\nOtfice that you are in compliance with the materials of trade exceptions in § 173.6.\nAccording to your letter you operate a small pool cleaning service that cleans pools and adds chemicals\nto keep the water sanitized and properly balanced. You state that you transport the following chemicals\nin direct support of your business:\nTrichloroisocyanuric acid, dry, 5.1, UN2468, II\nCalcium hypochlorite, hydrated, 5.1, UN2880, II (RQ=10 1bs.)\nHydrochloric acid, solution, 8, UN1789, II\nHypochlorite solutions, (sodium hypochlorite), 8, UN1791, III (RQ=100 Ibs)\nYou also state that these materials are properly packaged and marked in packagings not exceeding 66\npounds for solids or 8 gallons for liquids per package, and, the aggregrate gross weight of all materials\nof trade on the vehicle does not exceed 440 pounds. Your vehicle operators are informed of the\npresence of the hazardous materials in accordance with § 173.6. It is your understanding that you are\nin compliance with § 173.6, and are not subject to any other requirements of the HMR except for those\nin § 173.6.\n!\n•\n\n<<<PAGE 2>>>\n\nYour understanding of provisions in § 173.6 as they relate to your business operations are correct.\nBased on the information provided in your letter, you are in compliance with the materials of trade\nexceptions.\nI hope this answers your inquiry.\n•\nSincerely,\nSubm 78 li\nDelmer F. Billings\nChief. Standards Devclopmont\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nBoothe\n2867 Stratford Drive\nLargo, FL 33771\n173.6\n98-0287\nSeptember 18, 1998\nU.S. Department of Transportation\nOffice of Hazardous Materials Standards\nEd Mazzullo\nDHM-10\n400 7 Street SW\nWashington, DC 20590\nDear Mr. Mazzullo:\nSubject: Interpretation of 49 CFR, §173.6 Materials of trade exceptions\nThrough my own interpretations of the materials of trade exceptions in 49 CFR §173.6, I\nhave come to the conclusion that these exceptions apply to the hazardous materials that I\ntransport. Would you please read the following description of my operation, and respond\nback in writing, so that I am certain of my compliance with the hazardous materials\ntransportation regulations.\nI operate a small pool cleaning service. We clean pools and also add chemicals to keep\nthe water sanitized and properly balanced. Of the chemicals that we must transport in\ndirect support of our business, four are regulated as hazardous materials by the\nDepartment of Transportation. The four materials are as follows:\n• Trichloroisocyanuric acid, dry, 5.1, UN2468, II\nCommon name - Chlorinating tablets\nSolid\nUse - sanitize pool water\n• Calcium Hypochlorite, hydrated, 5.1, UN2880, II\nCommon name - Chlorinating granules (Shock)\nUse - sanitize pool water\nHazardous substance - RO is 10 pounds\nSolid\n• Hydrochloric acid, solution, 8, UN1789, II\nCommon name - Muriatic acid\nLiquid\nUse - lower ph and alkalinity of pool water\n\n<<<PAGE 4>>>\n\n• Hypochlorite solutions, (sodium hypochlorite), 8, UN1791, III\nCommon name - Chlorinating liquid (Bleach)\nUse - sanitize pool water\n-\nHazardous substance - RQ is 100 pounds\nLiquid\nThe materials are transported to the homeowners pools in small pick-up trucks. The\nmaterials are contained in packagings that do not have a gross mass over 66 pounds for\nsolids or 8 gallons for liquids. At no time do we exceed 440 pounds aggregate gross\nweight of all materials of trade on a motor vehicle.\nThe packagings are leak tight for liquids and sift proof for solids, securely closed, and\nsecured against movement. All of the materials except for the Hypochlorite solution, are\npacked in the manufacturer's original packaging. The hypochlorite solution is\ntransported in 2'½ gallon plastic jerricäns (3H1); which are filled by us from a permanent\nstorage tank.\nAll packagings are marked either with a common name or proper shipping name,\nincluding the letters \"RQ\" if it contains a reportable quantity of a hazardous substance.\nThe operators of our motor vehicles are informed of the presence of the hazardous\nmaterials and are informed of the requirements of $173.6\nIt is my interpretation that my business operation would be exempt under the materials of\ntrade exceptions in 49CFR, §173.6 which would mean I am not subject to any other\nrequirements of subchapter C - Hazardous Materials Regulations besides the ones set\nforth in $173.6. I am currently and will continue to abide by all of the regulations set\nforth in subchapter C, until I receive your reply.\nThank you for your help in this matter and I look forward to receiving your response.\nRespectfully,\nTor Perry\nTom Perry","truncated":false,"body_characters":5105}