Interpretation Response #03-0103 ([South Florida Plastics, Inc.] [Mr. John S. Srokose])

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

Interpretation Response Details

Response Publish Date: 06/03/2003

Company Name: South Florida Plastics, Inc.

Individual Name: Mr. John S. Srokose

Location State: FL Country: US

View the Interpretation Document

Response text:

Jun 3, 2003

Mr. John S. Srokose                Reference No.: 03-0103
President
South Florida Plastics, Inc.
13245 N. W. 47th Avenue
Opa Locka, FL 33054

Dear Mr. Srokose:

This responds to your letter regarding applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to customers who purchase and transport in their vehicle diluted liquid chlorine, a Class 8, PG III material. The diluted liquid chlorine is in 2- 1/2 gallon plastic containers.

You ask if these "will call" customers are subject to the HMR under the following scenarios:

    SCENARIO 1: A consumer purchases a container of diluted liquid chlorine for personal use and transports the container     in his personal vehicle to his home.

    SCENARIO 2: A private business purchases a container of diluted liquid chlorine and transports the material in a     company vehicle.

As specified in § 171.1, the HMR govern the transportation of hazardous materials in intrastate, interstate and foreign commerce. The term "in commerce" means in furtherance of a commercial enterprise. Accordingly, the hazardous materials that are sold to customers for personal, non¬commercial use and transported by such persons in their personal vehicles are not subject to the HMR .. Therefore, the customer in the first scenario is not subject to the HMR. Under the second scenario, the hazardous materials are "in commerce" and the customer is subject to the HMR. However, the customer may take advantage of the Materials of Trade exception if the applicable provisions in § 173.6 are met. By definition, a material of trade is a hazardous materials carried on a motor vehicle by a private motor carrier in direct support of a principal business that is other than transportation by motor vehicle. Section 173.6(d) limits the aggregate gross weight of all materials of trade to not more than 440 pounds.

I trust this satisfies your inquiry.

Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards

Regulation Sections