# Eastman Chemical Company — Hazardous Materials Safety Interpretation

- **operation:** document
- **citation:** 99-0081
- **title:** Eastman Chemical Company — 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:** Not available
- **summary:** 99-0081 response to Eastman Chemical Company concerning 171.8.
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- **source url:** https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1999/990081.pdf
**body:**

<<<PAGE 1>>>

171.8
U.S. Department
of Transportation
Was Singeon, Be S0
Washington, D.C
Speciol Programs
Research and
Administration
APR 28 1999
Ms. Julie Brown
Eastman Chemical Company
Ref. No.
99-0081
Logistics Compliance
P.O. Box 431
Kingsport, TN 37662-5280
Dear Ms. Brown:
This is in response to your letter of March 29, 1999, requesting
clarification on the Hazardous Materials Regulations (HMR; 49 CFR
Parts 171-180). Specifically, you ask whether Eastman Chemical
Company's chemists transporting small amounts of hazardous
materials to schools to conduct experiments for educational
purposes would fall under the material of trade definition in
§ 171.8.
The answer is yes. In order to take advantage of the material of
in
trade exception, criteria in the definition for material of trade
§ 171.8 must be met.
A material of trade is a hazardous
material, other than a hazardous waste, that is carried on a
motor vehicle for the purpose of: (1) protecting the health and
safety of the motor vehicle operator or passengers; (2) for the
purpose of supporting the operation or maintenance of motor
vehicle; (3) by a private motor carrier in direct support of a
principal business that is other than transportation by motor
vehicle.
Eastman Chemical Company's chemists' primary
responsibility is not transportation; therefore, the materials of
trade exception would apply if all the requirements of $ 173.6
are met.
These materials are not subject to any other
requirements of the HMR other than those set forth in $ 173.6.
I hope this information is helpful. If we can be of further
assistance, please contact us.
Sincerely,
Halle z. mithell
Hattie I. Mitchell, Chief
Regulatory Review
and Reinvention
Office of Hazardous Materials Standards
990081

<<<PAGE 2>>>

Eastman Chemical Company
EASTMAN
Kingsport, Tennessee 37662
P. O. Box 431
Betts
March 29, 1999
§ in1.8
MOTS
Mr. Edward Mazzallo
99-0081
Office of Hazardous Materials Standards
Research and Special Programs Administration
400 Seventh Street, SW,
DHM-10
Washington, DC 20590
RE: Request for interpretation
Dear Mr. Mazzallo:
On occasion, our chemists will travel to local schools in the area to conduct experiments
for the school children for educational purposes. For these experiments, small amounts of
hazardous material are transported to the schools in company or personal vehicles over
public roads. Would this fall under the definition of the material of trade in 49 CFR
171.8 and could we use the exception in 49CFR 173.62 I spoke with the Hazardous
Materials Hotline who talked with Diane Lavalle and she agreed we could use the MOT
exception. I would appreciate written confirmation regarding this question. Thank you.
Yours very truly,
Julie Brown
Logistics Compliance
Eastman Chernical Company
P.O. Box 431
Kingsport, TN 37662-5280
423-224-7897 (Fax)
Responsible Cara®
A Public Commitment
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