{"operation":"document","citation":"99-0055","title":"Suburban Propane — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1999-04-28","effective_on":null,"summary":"99-0055 response to Suburban Propane concerning 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0055.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0055.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0055","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1999/990055.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWashington, D.C\nResearch and\nSpecial Programs\nAdministration\nAPR 28 1999\nMs. Barbara J. Verdon\nRef. No: 99-0055\nManager - Legal Administration\nSuburban Propane\nP.O. Box 206\nWhippany, NJ 07982-0206\nDear Ms. Verdon:\nThis is in response to your letter of February 12, 1999, to the Office of Motor Carrier Research and\nStandards regarding the materials of trade exception in the Hazardous Materials Regulations (HMR; 49\nCFR Parts 171-180). Your letter was referred to the Research and Special Programs Administration\nfor response.\nYou provide a scenario where Suburban Propane, in the course of delivering propane to customers,\ntransports small amounts of methanol for use as an additive to prevent internal freezing of regulators,\nvalves and/or lines in your customers' propane systems. You ask whether the methanol may be\ntransported as a material of trade under the provisions of § 173.6.\nThe answer is yes. The materials of trade definition in § 171.8 includes a private motor carrier\ntransporting hazardous materials in direct support of a principal business that is other than transportation\nby motor vehicle. Your primary business is supplying propane to customers; in the course of that\nbusiness you use small amounts of methanol to directly support the business. However, if you\ndelivered the methanol to your customers for their eventual use it would not be considered a material of\ntrade.\nPlease be aware that all the provisions of § 173.6 must be met. Packaging for materials of trade must\nbe the manufacturer's original packaging or a packaging of equal or greater strength and integrity. In\naddition, all packagings for liquids must be leaktight and securely closed\nI hope this information is helpful.\nSincerely,\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n1136°\n990055\n\n<<<PAGE 2>>>\n\nlavalle\n8173.6\n* Sübürban Propane\nOne Suburban Plaza • 240 Route 10 West • P.Orbor 206.я Vnippany. NJ 07931-0306\nOffice 973-837-5300 • Fax 973-515-5992\n99-0055\nhttp://www.suburbanpropshe.com\nFebruary 12, 1999\nMr. Paul Brennan\nU.S. Department of Transportation\nOffice of Motor Carrier Research & Standards\n400 7 St. SW\nWashington, DC 20590\nRe:\nUniform Traffic Ticket # LC 664056 1\nDavid P. Dennette D/L02/08/99\nDear Mr. Brennan:\nIn connection with the above ticket, we have been referred to you by the Albany, NY\noffice of the USDOI for a formal interpretation that would clarify the ability of Suburban\nPropane to assert a Materials of Trade exception defense (49 CFR §1 73.6) to the attached\ncitation.\nOn 02/08/99 while operating his vehicle in a safe manner, David P. Dennette,\nSuburban's driver, was pulled over for an inspection. Mr. Dennette was cited under 49 CFR\n§177.817 for failing to have shipping papers for the small amount of methanol being carried\non his vehicle. It is Suburban's belief that the transportation of methanol by our drivers in\nan amount less than 30 L (8 gallons) qualifies as a Material of Trade, provided the remaining\nconditions of 49 CFR §173.6 have been met.\nFor your information Suburban Propane's principle business is the retail sales of\npropane, The NAICS code used to register our business type with the Federal Govemment\nis 454312 and our SIC code is 5984 (propane retail operations). Methanol is carried on\nSuburban's vehicles so that it may be used as an additive to prevent the internal freezing of\nthe regulators, valves and/or lines contained within the propane systems of our customers.\n\n<<<PAGE 3>>>\n\nIt is Suburban's position that the foregoing use of methanol satisfies the definition of\nMaterial of Trade found in 49 CFR §171.8 Material of trade, (3). As such, Suburban\nrespectfully submits that the Materials of Trade exception set forth in 49 CFR §173.6 should\napply and operate as a defense against the subject citation.\nWe look forward to hearing from you. Should you have any questions or require\nadditional information, please do not hesitate to contact me at (973) 503-9990. Thank you\nfor your cooperation.\nVery truly yours,\nBaba Verdin\nBarbara J.\nVerdor\nManager - Legal Administration\nAttachment","truncated":false,"body_characters":4140}