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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.


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