Interpretation Response #98-0049 ([Kaiser Permanente Medical Care Program] [Ms. Tammi Keating])

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

Interpretation Response Details

Response Publish Date: 06/11/1998

Company Name: Kaiser Permanente Medical Care Program

Individual Name: Ms. Tammi Keating

Country: US

View the Interpretation Document

Response text:

JUN 11, 1998

Ms. Tammi Keating                 Ref. No. 98-0049
Kaiser Permanente Medical
    Care Program
National Environmental, Health & Safety
1800 Harrison, 11th Floor
Oakland, CA 94612

Dear Ms. Keating:

This is in reference to your letter dated May 5, 1998, requesting clarification on the materials of trade exception under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if hazardous materials transported between your company's materials management centers and your health care centers using Kaiser Permanente privately owned and operated vehicles may be considered materials of trade.

One criteria for a material of trade is that a hazardous material is transported by a private carrier in direct support of its principal business which may not be transportation by motor vehicle. Since you state that the hazardous materials transported between your company's materials management centers are used to support the business, and provided all conditions of § 173.6 are met, the materials of trade exception may be applied in your scenario.

I hope this answers your inquiry.

Sincerely,

Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards

171.8

Regulation Sections