{"operation":"document","citation":"98-0371","title":"Levine-Fricke — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1999-08-04","effective_on":null,"summary":"98-0371 response to Levine-Fricke concerning 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0371.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0371.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0371","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980371.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\n400 Seventh Street, S.W.\nof Transportation\nWashington, D.C.\n20590\nResearch and\nSpecial Programs\nAdministration\nAUG 4 1999\nMr. Thomas J. Dolce, P.E.\nRef. No. 98-0371\nPrincipal Engineer\nLevine-Fricke\n3670 West Shore Road\nWarwick, RI 02886-5051\nDear Mr. Dolce:\nThis is in response to your letter dated December 10, 1998, regarding the use of the materials of\ntrade exception in 49 CFR 171.8 and 173.6. I am sorry for the delay and hope this has not\ncaused you any inconvenience.\nIn your letter you ask if different scenarios meet the definition of materials of trade (MOT) in\n§ 171.8. You ask us to assume that the materials are transported over public roadways by private\ncompany or employee owned vehicles and meet the type and quantity limitations, packaging and\nhazard communication requirements of § 173.6. For ease of response, each of your scenarios are\nparaphrased below:\nScenario One: A sample of a Class 3 paint, ink or similar liquid (which is used in the\ncompany's manufacturing process) transported from Plant 1 to Plant 2 where it will undergo\nquality control testing in a laboratory located in Plant 2.\nAnswer: One criteria for a MOT is that a hazardous material is transported by a private carrier in\ndirect support of its principal business which is not transportation by motor vehicle. Therefore, a\nhazardous material transported between a company's facilities for purposes of quality control\ntesting meets the definition of MOT.\nScenario Two: A sample of a Class 3 paint, ink or similar liquid (which is used in the\ncompany's manufacturing process) transported from one of the plants to an independent outside\nlaboratory (not owned or affiliated with the subject company for testing.\nAnswer: See response to one.\nScenario Three: A container of a Class 3 paint, ink or similar liquid (which is used in the\ncompany's manufacturing process) transported from Plant 1 to Plant 2 for use either in trial or\nactual manufacturing operations conducted in Plant 2.\n980371\n\n<<<PAGE 2>>>\n\nAnswer: See response to one.\nScenario Four: Gasoline (Class 3) shipped from Plant 1 to Plant 2 for use in lawn mowers,\nimmers and snowblowers. Also, please address the issue of a company employee transportin\nasoline from a local filling station back to the plant for use as described above\nAnswer: Gasoline transported between a company's facilities, even when purchased at a local\nfilling station and transported back to a company's facility, for use in lawn movers, trimmers and\nsnowblowers meets the definition of MOT.\nScenario Five: A pesticide transported from Plant 1 (or the pesticide distributor's location) to\nPlant 2 for use as a pest control agent at Plant 2 in an outdoor area used to test the company's\nproducts.\nAnswer: Transportation of a pesticide by a company employee between a company's facilities,\nor from a distributor's location to a company facility, for use as a pest control agent in an outdoor\narea used to test a company's products meets the definition of MOT.\nScenario Six: The purchase of a Class 3 flammable liquid by a company employee from a local\nhardware store and transportation to Plant 1 for use in Plant I's manufacturing operations.\nAnswer: Transportation of a hazardous material by a company employee from a local hardware\nstore to a company's facility for use in its manufacturing operations meets the definition of\nMOT.\nScenario Seven: Do samples transported by salesman to various industrial/commercial\nestablishments meet the definition of materials of trade?\nAnswer: The transportation of hazardous materials by a salesman to various\nindustrial/commercial establishments meets the definition of MOT.\nSincerely,\nThe\n-A. Cellar\nomm\nThomas G. Allan\nActing Director\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nLLFR\nLEVINE • FRICKE\nDecember 10, 1998\nMr. Edward Mazzullo\nDirector OHMS\nUSDOT/RSPA\n400 7\" Street SW\nWashington, D.C. 20590\nFILE COPY\nRe: Materials of Trade Exceptions\nDear Mr. Mazzullo:\n1 have several questions regarding the applicability and use of the \"Materials of Trade\nExceptions\" in 49 CFR 171.8 and 173.6. I would appreciate your agency's review and\nresponse to the following questions.\n1. A manufacturing company operates several plants in different geographical locations\nand routinely ships certain hazardous materials from one plant to another across public\nroadways. Do the following materials meet the definition of materials of trade in\nSection 171.8; specifically the third paragraph of the definition which includes\nhazardous material carried \"by a private motor carrier in direct support of a principal\nbusiness that is other than transportation by motor vehicle.\"\nWhen answering the questions, please assume the materials are transported over public\nroadways by private company or employee owned vehicles and meet the type and\nquantity limitations of Sections 173.6 (a) and (d); the packaging provisions of Section\n173.6 (b); and the communication requirements of Section 173.6 (c). Also assume that\nthe company does not wish to take advantage of the small quantity, limited quantity or\nconsumer commodity exceptions.\nFirst Material - A sample of a Class 3 paint, ink or similar liquid (which is used in the\ncompany's manufacturing process) transported from Plant 1 to Plant 2 where it will\nundergo quality control testing in a laboratory located in Plant 2.\nSecond Material - A sample of a Class 3 paint, ink or similar liquid (which is used in\nthe company's manufacturing process) transported from one of the plants to an\nindependent outside laboratory (not owned or affiliated with the subject company for\ntesting.\nThird Material - A container of a Class 3 paint, ink or similar liquid (which is used in\nthe company's manufacturing process) transported from Plant 1 to Plant 2 for use either\nin trial or actual manufacturing operations conducted in Plant 2.\nFourth Material - Gasoline (Class 3) shipped from Plant 1 to Plant 2 for use in lawn\nmowers, trimmers and snowblowers. Also, please address the issue of a company\n3670 West Shore Road, Warwick, Rhode Island 02886-5051 • (401) 738-3887 • fax (401) 732-1686 • www.lfr.com\nOffices Worldwide\n\n<<<PAGE 4>>>\n\nUSDOT/RSPA\nMR. EDWARD MAZZULLO\n(2 LFR\nDecember 10, 1998\nPage 2\ndescribed above.\nemployee transporting gasoline from a local filling station back to the plant for use as\nFifth Material - A pesticide transported from Plant 1 (or the pesticide distributor's\nlocation) to Plant 2 for use as a pest control agent at Plant 2 in an outdoor area used to\ntest the company's products.\nSixth Material - The purchase of a Class 3 flammable liquid by a company employee\nfrom a local hardware store and transportation to Plant 1 for use in Plant l's\nmanufacturing operations.\n2. A related question involves the transportation of samples of hazardous materials by\nalespersons to various industrial/commercial establishments. Do these samples mee\nhe materials of trade definition\nYour review and response to the above questions will be greatly appreciated. Please call\nme at 401-738-3887 if you have any questions.\nSincerely,\nThomas J. Dolce, P.E.\nPrincipal Engineer","truncated":false,"body_characters":7118}