{"operation":"document","citation":"99-0238","title":"Specialty Gases of America, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-01-28","effective_on":null,"summary":"99-0238 response to Specialty Gases of America, Inc. concerning 173.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0238.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0238.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0238","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1999/990238.pdf","body":"<<<PAGE 1>>>\n\n400 Seventh Street, S.W.\nResearch and\nWashinglon, D.C\n20590\nAdministratior\npecial Programs\nJAN 28 2000\nMr. Jason C. Pollman\nSpecialty Gases of America, Inc.\nRef. No. 99-0238\n5242 Tractor Rd. Unit H\nToledo, OH 43612\nDear Mr. Pollman:\nThis is in response to your letter and subsequent telephone conversation with Michael Johnsen of my\nstaff concerning the materials of trade (MOTs) exception in § 173.6 of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180). Specifically you ask whether Division 2.1 and 2.2\nmaterials transported by your customers as private carriers either from your distribution center to their\nfacility or between your customers various locations may be transported under the materials of trade\nexception.\nSince your customers (e.g., welders or florists) transport hazardous materials in support of their\nbusiness and their primary business is not transportation by motor vehicle, the hazardous materials can\nbe transported under the MOTs exception provided all the provisions in § 173.6 are met. If your\ncustomers hire a contractor or other transportation company to transport these hazardous materials, the\nMOTs exceptions do not apply.\nYou also had a question concerning the registration and shipping paper requirements for shipments on\nyour company's vehicles of Division 2.1 and 2.2 materials with an aggregate gross weight of less than\n1000 pounds. Companies which ship specific materials and amounts outlined in § 107.601 must\nregister. If your company is required to register, then § 107.620(b) requires that a copy of the\nregistration, or another document with the registration number (identified as the \"U.S. DOT Hazmat\nregistration No.\") be carried onboard each truck. Shipping papers must accompany all hazardous\nmaterials shipments unless explicitly excepted from shipping paper requirements in the regulations.\nI hope this satisfies your request.\nSincerely,\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n13.6\n. 990238\n-\n\n<<<PAGE 2>>>\n\nGG\nA\n322 A 08 0020 A 1990214\nTHE AMERICAN GAS GROUF\nаракадравасаарасавсасиравтосаававаы:\nMr. Edward T. Mazzullo\nU.S. DOT/RSPA (DHM-10)\nDirector, Office of Hazardous Materials Standards\n400 7\" Street S.W\n5473.6\nWashington, D.C. 20590-0001\n99-0238\nAugust 24, 1999\nMr. Edward T. Mazzullo,\nI have some questions concerning the materials of trade exceptions (49 CFR 173.6) as they pertain to my\nbusiness. I represent a compressed gas manufacturer.\n1. We have customers who ship less than 440 lb. of class 2.1 and 2.2 materials between their locations.\nThese customers use helium and welding gases. The materials are carried on these customers' vehicles\nthe materials of trade exceptions?\nand their principal business is other than transportation by motor carrier. Do these customers qualify for\n2. We have other customers who pick up from our facility in their own vehicles less than 440 Ib. of class\n2.1 and 2.2 materials to take to their location. These customers also use helium and welding gases.\nTheir principal business is other than transportation by motor carrier. Do these customers qualify for the\nmaterials of trade exceptions?\nI also have a question concerning shipping compressed gases with the company's vehicles. We currently\n1500 pick-up truck. What paperwork (registration and shipping papers) is required to ship compressed gases\ndeliveries and some smaller deliveries where it would be more cost effective to use this truck.\nof classes 2.1 and 2.2 with an aggregate weight of less than 1000 lb. using this vehicle? We have some local\nFor all three of these questions, the cylinders meet all DOT requirements for cylinder qualification and\nproper hazard labeling. The cylinders are always properly loaded and braced for transportation.\nIf you have any questions or need more information to answer these questions, please contact me.\nThank you,\nLam CPolh\nJason C. Pollman\nQuality Systems Manager\nSpecialty Gases of America, Inc.\n5242 Tractor Rd. Unit H\nToledo, OH 43612\n(419) 470-0267\nFax: (419) 470-0274\nJayPollman@aol.com\n-","truncated":false,"body_characters":4073}