Interpretation Response #05-0096 ([MHF Logistical Solutions] [Mr. Randy Hill])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 05/18/2005

Company Name: MHF Logistical Solutions

Individual Name: Mr. Randy Hill

Location State: TX Country: US

View the Interpretation Document

Response text:

May 18, 2005

Mr. Randy Hill                       Reference No. 05-0096
President
Chemtran Services USA, Inc.
5722 Edward Drive
Houston, Texas 77032

Dear Mr. Hill:

This responds to your March 30, 2005 letter requesting clarification on the materials of trade (MOTS) exception in § 173.6 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether a hazardous materials shipping company that prepares and transports samples under contract for a laboratory qualifies for the MOTS exception.

According to your letter, your company is under contract with various petrochemical manufacturers and laboratories to provide transportation services for hazardous materials shipments. After preparing the hazardous material shipment for transportation, you transport the hazardous material aboard your company-owned vehicles to your repackaging facility. You then review the MSDS, repackage and complete shipping papers for each sample according to International Civil Aviation Organization (ICAO) Technical Instructions requirements. Each sample is distributed via air express to outside laboratories for analysis. You state that you meet the quantity restrictions of § 173.6. You ask whether your company qualifies for the MOTS exception under the definition in § 171.8 for MOTS as a company that transports hazardous materials by a private motor carrier in direct support of a principal business that is other than transportation by motor vehicle.

The answer is no. In accordance with § 171.8, a material of trade is a hazardous material, other than a hazardous waste, that is carried on a motor vehicle: (1) to protect the health and safety of the operator or passengers; (2) to support the operation and maintenance of the vehicle or (3) by a private motor carrier in direct support of a principal business that is other than transportation by motor vehicle. Your company is not a private motor carrier. Therefore, you do not qualify for the MOTS exception.

I hope this answers your inquiry.

Sincerely,

John A Gale
Chief, Standards Development
Office c f Hazardous Materials Standards

171.8, 173.6

Regulation Sections