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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #09-0068 ([Scopelitis, Garvin, Light, Hanson & Ferry] [Mr. Timothy W. Wiseman])

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

Interpretation Response Details

Response Publish Date:

Company Name: Scopelitis, Garvin, Light, Hanson & Ferry

Individual Name: Mr. Timothy W. Wiseman

Location State: IN Country: US

View the Interpretation Document

Response text:

May 1, 2009





Mr. Timothy W. Wiseman

Scopelitis, Garvin, Light, Hanson & Ferry

Attorneys at Law

10 W. Market Street, Suite 1500

Indianapolis, Indiana 46204

Ref. No. 09-0068

Dear Mr. Wiseman:

This responds to your March 11, 2009 letter on behalf of CVS Transportation L.L.C. You request clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as they apply to limited quantities and materials of trade.

According to your letter, CVS Transportation L.L.C. is a licensed private and for-hire common and contract motor carrier providing transportation services through a network of dedicated distribution centers solely to CVS companies. Your letter includes a list of shipping descriptions for various photo development products that CVS Transportation, L.L.C. commonly transports from distribution centers to CVS store locations. The list includes Division 5.1 (Oxidizer), Class 8 (Corrosive), and Class 8/Division 6.1 (Corrosive/Poisonous) materials. The products are transported in inner packagings placed inside strong outer packagings, typically totes. Each inner packaging contains a maximum of 4 liters or 4 kilograms of material, and the capacity weight rating of the totes is 60 pounds. The products listed in your letter are used by CVS stores in direct support of their principal business of selling retail merchandise such as photos and photo developing services, and are not offered for retail sale to the public.

Your questions are summarized and answered as follows:

Q1. May the listed materials, packaged as described, be transported as "limited quantities" under the HMR?

A1. Yes. The photo development materials listed in your letter may be shipped as "limited quantities" provided they are prepared and offered for transportation in accordance with all applicable limited quantity provisions. Note that you may utilize limited quantity exceptions only when the exception is authorized for the specific material by reference in Column 8A of the Hazardous Materials Table (HMT; § 172.101).

Q2. May CVS Transportation L.L.C. transport the listed materials in accordance with the materials of trade exception in § 173.6?

A2. Yes. 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 by a private motor carrier in direct support of a principal business that is other than transportation by motor vehicle. A "private motor carrier" is a carrier that transports the business"s own products and does not provide such transportation service to other businesses. The photo development materials may be transported as "materials of trade" in accordance with § 173.6, provided the vehicle operates as a private motor carrier and the shipment otherwise conforms to the provisions of § 173.6.

I hope this information is helpful. If you have further questions, please do not hesitate to contact this Office.


Charles E. Betts

Chief, Standards Development

Office of Hazardous Materials Standards

171.8, 172.101

May 1, 2009

Regulation Sections

Section Subject
172.101 Purpose and use of hazardous materials table
173.6 Materials of trade exceptions