Interpretation Response #21-0056
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Truck and Bus Compliance
Individual Name: Lew Snearly
Location State: NY Country: US
View the Interpretation Document
Response text:
June 13, 2024
Lew Snearly
Trucknbus.net
22 Vics Court
Albany, NY 12205
Reference No. 21-0056
Dear Mr. Snearly:
This letter is in response to your May 19, 2021, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the Materials of Trade (MOTs) provisions in § 173.6. Specifically, you ask whether your client—a furniture manufacturer supplier—is eligible for MOTs provisions under the HMR when transporting and delivering a glue used in the furniture manufacturing business classified as "UN1593, Dichloromethane solution, 6.1, PG III." You describe a scenario in which your client sells the glue product to furniture manufacturers and transports the material in 5-gallon pails marked and secured as required for MOTs.
The answer is no. In accordance with § 171.8, a MOT means a hazardous material—other than a hazardous waste—that is carried on a motor vehicle and meeting one of the following requirements:
(1) For the purpose of protecting the health and safety of the motor vehicle operator or passengers;
(2) For the purpose of supporting the operation or maintenance of a motor vehicle (including its auxiliary equipment); or
(3) 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.
In the scenario that you provided, the material "UN1593" is being transported in commerce and is being delivered to the purchaser of the hazardous material. The hazardous material is not for the purpose of protecting the health and safety of the motor vehicle operator or passengers, or for the purpose of supporting the operation or maintenance of a motor vehicle (including its auxiliary equipment). Although the transportation described is by private motor carrier, the hazardous material is not being utilized by the carrier in direct support of a principal business that is other than transportation by motor vehicle but rather is being sold and delivered to a customer. Therefore, the transport of this material in this way does not meet the definition or requirements for MOTs. An example of transportation that would be included in the scope of criteria #3 above would be a furniture repair company transporting a hazardous material for its use in the repair of furniture.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Shane Kelley
Director, Standards and Rulemaking Division
173.6, 171.8
Regulation Sections
| Section | Subject |
|---|---|
| 171.8 | Definitions and abbreviations |
| 173.6 | Materials of trade exceptions |