Interpretation Response #09-0232 ([BP Products North America] [Ms. Becky Conn])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: BP Products North America
Individual Name: Ms. Becky Conn
Location State: TX Country: US
View the Interpretation Document
Response text:
October 29, 2009
Ms. Becky Conn
DOT Coordinator
Texas City Refinery
BP Products North America
P.O. Box 401
Texas City, TX 77592
Reference No. 09-0232
Dear Ms. Conn:
This is in response to your October 14, 2009 e-mail and October 21, 2009 telephone conversation with a member of my staff concerning the material of trade exception in § 173.6 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically you ask if your company"s employees may fill bottles with hazardous materials samples from a BP Products North America marine facility and transport them by contract motor carrier (a cargo inspection company) approximately 1-1/2 miles over public roads to your company"s on-site lab as a material of trade.
The answer is no. 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. A contractor may take advantage of the material of trade exception (§ 173.6) and carry hazardous materials in direct support of his or her own business if their primary business is other than transportation by motor vehicle. But a company that hires a contractor or other transportation company to transport its hazardous materials may not transport these materials as a material of trade.
I hope this satisfies your request.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
171.8, 173.6,
Regulation Sections
| Section | Subject |
|---|---|
| 171.8 | Definitions and abbreviations |
| 173.6 | Materials of trade exceptions |