{"operation":"document","citation":"98-0368","title":"Shared Services Group — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1999-01-14","effective_on":null,"summary":"98-0368 response to Shared Services Group concerning 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0368.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0368.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0368","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980368.pdf","body":"<<<PAGE 1>>>\n\n=\nUS.Department\nof Transportation\n400 Seventh Street, S.W.\nWashington, D.C.\n20590\nResearch and\nSpecial Programs\nAdministration\nJAN | 4 999\nMr. Jere Schumacher\nRef. No. 98-0368\nBoeing Traffic Management\nShared Services Group\nP.O. Box 3707\nSeattle, Washington 98124-2207\nDear Mr. Schumacher:\nThis is in response to your letter of December 9, 1998, requesting clarification on the requirements for\nmaterials of trade (MOTs) under the Hazardous Materials Regulations (HMR; 49 CFR parts 171-\n180). You presented the following scenario and would like confirmation that the MOTs exception in\n§ 173.6 applies.\nAn in-house fire company provides fire and safety response, as well as training in these areas. During\nthe course of these activities some hazardous materials are used. Fire extinguishers and personal\nbreathing apparatus are moved over public roads to a variety of locations in support of these activities.\nThey are transported on company owned mobile fire equipment, either to or from an emergency,\nstorage or training location.\nThe scenario you present is suitable for the MOTs exception as long as all provisions of § 173.6 are\nmet. Cylinders are required to be marked with the proper shipping name and identification number for\nthe hazardous material and labeled as prescribed in the HMR. In addition, Specification 39 cylinders\nmust be marked as required by § 178.65(i). No shipping papers are required for movements of\nMOTs.\nI hope this information is helpful.\nSincerely,\nSuhar\nuntills\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\n-\nP.O. Box 3707\nShared Services Group\nSeattle, WA 98124-2207\nLavalle\n5173.6\n98-0368\nDecember 9, 1998\nBOEING\nUS Department of Transportation\nResearch and Special Programs Administration\n400 Seventh Street S.W.\nOffice of Material Standards\nWashington D.C. 20590\nAttn: Mr. Ed Mazzullo\nDear Sir:\nprovides fire and safety response, as well as training in these areas. During the course of\nAs part of our company process in aircraft production, an in-house fire department\nthese activities specific hazardous materials are utilized. Fire extinguishers and Personal\nbreathing apparatus are sometimes partially or wholly dispersed. These units are\nnecessary to move these dispersed units to a refill facility, generally another company\ngenerally a refillable type. Depending on the location of the emergency or training, it is\nfacility. This may require an 'over public road\" movement. The requirement also exists to\nmove filled units to a variety of locations in support of these activities.\nThe questions that relate to these actions, do these \"over public road\" movements qualify\nfor the Materials of Trade, 49CFR 173.6, exclusions, when transported on company\nlocation? Must the cylinders contain any marking other than that required in 49CFR\nowned mobile fire equipment, either to or from an emergency, storage or training\n178.65(I)? Would any documentation be required to support these actions?\nThank you in advance for your timely response to these questions.\n/Jere Schumacher\nfur Schumacher\nBoeing Traffic Management\n253-342-5722","truncated":false,"body_characters":3140}