Interpretation Response #01-0012 ([Reichhold] [Mr. Mark U. DuBois])

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

Interpretation Response Details

Response Publish Date: 08/23/2005

Company Name: Reichhold

Individual Name: Mr. Mark U. DuBois

Location State: NC Country: US

View the Interpretation Document

Response text:

Aug 23, 2005

Mr. Mark U. DuBois                             Reference No. 01-0012
Reichhold
P.O. Box 13582
Research Triangle Park, NC 27709-3582

Dear Mr. DuBois:

This is in further reference to your letter dated January 5, 2001 and our reply dated February 22, 2001, regarding the materials of trade (MOTs) exception found in § 173.6 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether your sales and technical staff may use the MOTs exception for private delivery of hazardous materials purchased by your customers.

In our February 22, 2001 reply to your letter we indicated that a company that routinely transports and delivers hazardous materials to customers may not take advantage of the materials of trade exception. That interpretation was intended to be consistent with the definition of MOTs provided in § 171.8; however, it actually narrowed the intended scope of the exception. As indicated by more recent interpretations (example enclosed), it is acceptable for companies that routinely transport and deliver hazardous materials to use the MOTs exception. Therefore, provided the hazardous materials meet the: MOTs definition in § 171.8 and all applicable conditions in § 173.6, your sales and technical staff may deliver the purchased hazardous materials to your customers using the exception.

I hope this information is helpful.

Sincerely,

Susan Gorsky
Acting Director Hazardous Materials Standards
Office of Hazardous Materials Standards
Enclosure

171.8, 173.6(c)(1)

Regulation Sections