Interpretation Response #13-0142 ([EHS Assurance] [Mr. Andrew Peterson])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: EHS Assurance
Individual Name: Mr. Andrew Peterson
Location State: CA Country: US
View the Interpretation Document
Response text:
August 5, 2013
Mr. Andrew Peterson
EHS Assurance Manager
1 Cyclotron Road
Berkeley, CA 94720
Ref. No.: 13-0142
Dear Mr. Peterson:
This is in response to your June 24, 2013 letter regarding the Materials of Trade (MOTs) exception of the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180). You state that as part of the normal operations of the Lawrence Berkeley National Laboratory (LBNL), trade workers, scientists, researchers, and support staff transport small quantities of hazardous materials (flammable liquids, flammable solvents, biological samples, and compressed gases) in motor vehicles to various locations both on and off LBNL property to conduct some aspect of their work. You ask whether such transportation is eligible for the MOTs exceptions of § 173.6.
The answer is yes. Section 171.8 provides three definitions of MOTs. One definition is a hazardous material, other than a hazardous waste, that is carried on a motor vehicle by a private carrier in direct support of a business that is other than transportation by motor vehicle. The transportation operations conducted by LBNL personnel described in your letter meet this definition. Provided all conditions of § 173.6 are met, the MOTs exception may be applied.
I trust this information is helpful. If you have further questions, please do not hesitate to contact this office.
Sincerely,
Duane A. Pfund
International Standards Coordinator
Standards and Rulemaking Division
171.8, 173.6
Regulation Sections
| Section | Subject |
|---|---|
| 171.8 | Definitions and abbreviations |
| 173.6 | Materials of trade exceptions |