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Interpretation Response #06-0115 ([Waste Technology Services, Inc.] [Ted L. Nebrich, Jr., CHMM, QEP, REM ])

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

Interpretation Response Details

Response Publish Date:

Company Name: Waste Technology Services, Inc.

Individual Name: Ted L. Nebrich, Jr., CHMM, QEP, REM 

Location State: NY Country: US

View the Interpretation Document

Response text:

Jun 23, 2006

 

Ted L. Nebrich, Jr., CHMM, QEP, REM                 Reference No. 06-0115
Technical Director
Waste Technology Services, Inc.
435 North 2nd Street
Lewiston, NY 14092

Dear Mr. Nebrich:

This is in response to your March 31, 2006 letter asking us to clarify what is meant by “in direct support of a principal business” under the Materials of Trade (MOTs) exceptions prescribed in § 173.6 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- 180). Specifically, you state your company transports environmental samples for your customers to a laboratory, treatment storage and disposal facility (TSDF) for analysis and/or treatability studies or to one location for consolidation arid packaging, and you often perform these tasks as a convenience for your clients.

Under the HMR, one of the defining conditions for MOTs is a hazardous material, other than a hazardous waste, transported by a private motor carrier in direct support of a principal business that is other than transportation by motor vehicle. If a business uses its own vehicles and drivers to transport goods to and from customer locations, then the MOTs exception in § 173.6 may be utilized. Since your principal business is not transportation, you may utilize the MOTs exception to transport environmental samples. Note, however, that if you hire a motor carrier to transport goods to and from customer locations, the MOTs exception does not apply.

I hope this information is helpful.

Sincerely,

 

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

173.6

Regulation Sections

Section Subject
173.6 Materials of trade exceptions