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Interpretation Response #09-0195 ([Certispec Services USA, Inc.] [Mr. David O. Jones])

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

Interpretation Response Details

Response Publish Date:

Company Name: Certispec Services USA, Inc.

Individual Name: Mr. David O. Jones

Location State: TX Country: US

View the Interpretation Document

Response text:

September 25, 2009




Mr. David O. Jones

Certispec Services USA, Inc.

1448 Texas Avenue

Texas City, Texas 77590

Ref. No.: 09-0195

Dear Mr. Jones:

This responds to your letter dated August 7, 2009, regarding the applicability of the Material of Trade (MOTs) definition and exceptions under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to "samples" transported for purposes of testing.

You said that your company is a "cargo inspection and testing company" whose principal business is to provide surveying and testing services on petroleum and environmental samples. According to your letter, the samples consist of hazardous materials in

1-quart size containers, transported partially on public roads from one of your customer"s facilities to another, for purposes of testing. The samples are transported in a company-owned vehicle containing approximately four or five quarts in one shipment. You ask whether the hazardous materials you use to perform the testing and analyses may be considered MOTs.

The answer is yes. The definition for MOTs includes hazardous materials transported by a private carrier in direct support of a principal business that is other than transportation by motor vehicle (highway). Your principal business is testing and analyzing products for your customers using a small amount of hazardous materials in the process. In accordance with

§ 173.6, materials meeting the definition of any of the hazard classes listed in § 173.6(a) may be transported as MOTs provided all the conditions specified in § 173.6 are met.

I hope this information is helpful. If we can be of further assistance, please contact us.


Charles E. Betts

Chief, Standards Division

Office of Hazardous Materials Standards


Regulation Sections

Section Subject
173.6 Materials of trade exceptions