Interpretation Response #07-0090 ([Boston Scientific Corporation] [Ms. Julie Whitted])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Boston Scientific Corporation
Individual Name: Ms. Julie Whitted
Location State: MN Country: US
View the Interpretation Document
Response text:
Jun12, 2007
Ms. Julie Whitted Reference No. 07-0090
Sr. EHS Specialist
Boston Scientific Corporation
5905 Nathan Lane
Plymouth, MN 55442
Dear Ms. Whitted:
This is in response to your April 27, 2007 letter regarding the use of the materials of trade (MOTs) exception under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- 180). According to your letter, your company transports hazardous materials between company owned facilities in a company owned vehicle operated by a company employee for the purpose of storage, research and development, or production-related activities. You further state that the principal business of your company is not transportation by motor vehicle. You ask if transportation of hazardous materials in this manner satisfies the definition of “material of trade” in § 171.8, thereby making the shipment of these materials eligible for the MOTs exception specified in § 173.6.
The definition of “material of trade” in § 171.8 is a hazardous material, other than a hazardous waste, that is carried on a motor vehicle: (1) for the purpose of protecting the health and safety of the motor vehicle operator or passengers; (2) for the purpose of supporting the operation or maintenance of a motor vehicle (including its auxiliary equipment); or (3) by a private motor carrier (including vehicles operated by a rail carrier) in direct support of a principal business that is other than transportation by motor vehicle.
The transportation you describe meets criteria (3) in the definition of “material of trade,” provided the hazardous material is not a hazardous waste. Therefore, your company may use the exception in § 173.6 provided the hazardous materials are prepared and offered for transportation in accordance with the requirements specified in § 173.6.
I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.
Sincerely,
John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards
171.8
Regulation Sections
| Section | Subject |
|---|---|
| 171.8 | Definitions and abbreviations |