Interpretation Response #07-0172 ([Allegro MicroSystems, Inc] [Mr. Donald W. Alger])

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

Interpretation Response Details

Response Publish Date: 10/29/2007

Company Name: Allegro MicroSystems, Inc

Individual Name: Mr. Donald W. Alger

Location State: MA Country: US

View the Interpretation Document

Response text:

Mr. Donald W. Alger                               Ref.No.: 07-0172

Allegro MicroSystems, Inc.

115 Northeast Cutoff, Box 15036

Worcester, MA 01615

Dear Mr. Alger:

This responds to your letter dated August 30, regarding clarification of the materials of trade exception prescribed in § 173.6 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180), as it applies to the transport of "UN1219, Isopropyl alcohol, 3, PG II" between several of your company's chemical plants.

You state that your company is located in Worcester, Massachusetts and a "sister" plant is located in Manchester, New Hampshire. From time to time, you get a request from the Manchester plant for some Isopropyl alcohol. You ask whether the materials of trade (MOTs) exception in § 173.6 applies to the transport of the Isopropyl alcohol (or other chemicals) in your company-owned and-operated vehicles from your Worcester plant to your Manchester plant.

A material of trade is defined in § 171.8, as a hazardous material, other than a hazardous waste, that is carried on a motor vehicle:

1. (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.

Based on your scenario, it appears that your company meets the third criteria. Provided that all conditions in § 173.6 are met, your company may take advantage of the MOTs exception. Hazardous materials that are transported in accordance with § 173.6 are not subject to any other requirements of the HMR.

In accordance with § 173.6, the Isopropyl alcohol you transport between your facilities must be in a packaging with a gross mass or capacity no greater than 66 pounds or 8 gallons. You may transport more than one package in the same vehicle provided that the aggregate gross weight of the MOTs on the vehicle does not exceed 440 pounds. Packages must be leak tight for liquids and gases, sift-proof for solids, and be securely closed, secured against shifting or movement, and protected against damage. Each material must be packaged in the manufacturer's original packaging, or a packaging of equal or greater strength and integrity.

I hope this satisfies your inquiry. If we can be of further assistance, please contact us.

Sincerely,

John A. Gale

Chief, Standards Development

Office of Hazardous Materials Standards

171.8, 173.6

Regulation Sections