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Interpretation Response #17-0014 ([Chevron Phillips Chemical Company LP] [Mr. Richard Norl])

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

Interpretation Response Details

Response Publish Date:

Company Name: Chevron Phillips Chemical Company LP

Individual Name: Mr. Richard Norl

Location State: TX Country: US

View the Interpretation Document

Response text:

May 25, 2017

Richard Norl Jr.
Distribution Safety Analyst
Chevron Phillips Chemical Company LP
10001 Six Pines Drive
The Woodlands, TX 77380

Reference No. 17-0014

Dear Mr. Norl Jr.:

This letter is in response to your February 2, 2017, email and letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the Materials of Trade (MOTs) exception. Specifically, you present two scenarios where companies transport small quantities of samples to laboratories for analysis using company owned/leased vehicles.

  • Scenario 1: A company transports small quantities of samples for analysis to the sample collector's laboratory while using a company owned/leased vehicle. You believe this is acceptable under the definition of MOTs in § 171.8.
  • Scenario 2: A company transports small quantities of samples for analysis to a "client's" laboratory or another company's laboratory. You believe this is not authorized for the MOTs exception and, therefore, that these samples are considered fully regulated in accordance with the HMR.

To meet the MOTs definition, the material must be carried on a motor vehicle by a private motor carrier (including vehicles operated by a rail carrier) in direct support of a principal business that is other than transportation by motor vehicle. If a company's principal business is collecting and analyzing samples and it's in direct support of their business as per the definition of MOTs in § 171.8, then a company is eligible for the MOTs exception, provided the samples meet the requirements in § 173.6.

See the following two examples for applicability of the MOTs exception:

Example 1: The principal business of "Company A" is the collection and analysis of samples for testing purposes. "Company A" collects the samples and has their employees transport those samples to either their own facility or a third-party facility for testing while using a company owned/leased vehicle. This shipment of samples would be authorized under the MOTs exception in § 173.6.

Example 2: The principal business of "Company A" is the collection and analysis of samples for testing purposes. "Company A" collects the samples but hires a carrier to transport those samples to either "Company A's" facility or a third-party facility for testing. "Company A" would not be able to use the MOTs exception because hiring a third-party carrier is not considered a private motor carrier. The motor carrier must transport the samples in compliance with the HMR.

I hope this information is helpful. Please contact us if we can be of further assistance.

Sincerely,

 

Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division

171.8, 173.6

Regulation Sections

Section Subject
171.8 Definitions and abbreviations
173.6 Materials of trade exceptions