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Interpretation Response #00-0142 ([Radian International] [Mr. Andrew N. Romach])

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

Interpretation Response Details

Response Publish Date:

Company Name: Radian International

Individual Name: Mr. Andrew N. Romach

Location State: NC Country: US

View the Interpretation Document

Response text:

June 16, 2000

Mr. Andrew N. Romach                Ref. No. 00-0142
Regulatory Compliance Officer
Radian International
P.O. Box 13000
Research Triangle Park
North Carolina 27709

Dear Mr. Romach:

This is in response to your letter dated May 4, 2000, requesting clarification on the materials of trade (MOTS) exception in &se173.6 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-
180).  You presented two scenarios and would like confirmation that the MOTS exception applies.

Your scenarios are paraphrased and answered as follows:

Scenario #1:  A manufacturer of heating and air conditioning equipment operates several distribution centers (retail sale) where service technicians and other customers obtain parts to service and maintain the manufacturer's equipment.  Some of the available parts meet the definition of a hazardous material.  Occasionally, one of the distribution centers will run out of a part and an employee from another distribution center will drive over to resupply the center with the part.  If the required part were a hazardous material, would the employee who drives the part across town be able to take advantage of the MOTS exception so long as the transported item meets the inner container limits?

Scenario #2:  A manufacturer of automobiles operates several distribution centers (wholesale) where manufacturer's authorized parts required to repair and maintain the automobiles are distributed to authorized dealerships (retail sale).  Some of the available parts meet the definition of a hazardous material.  Occasionally, a center or dealership will run out of a part, and an employee from a nearby distribution center will drive over to resupply them with the part.  If the required part were a hazardous material, would the employee who drives the part across town be able to take advantage of the MOTS exception so long as the transported item meets the inner container limits?

The described hazardous materials in both scenarios meet the definition for MOTS (§171.8). Provided all conditions in §173.6 are met, the MOTS exception may be applied to your two scenarios.

I hope this answers your inquiry.

Sincerely, .

Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards

173.6

Regulation Sections

Section Subject
173.6 Materials of trade exceptions