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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.


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