Eastman Chemical Company — Hazardous Materials Safety Interpretation

Page 1171.8 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 2Eastman 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#