Interpretation Response #98-0361 ([Shell Chemical Company] [Mr. William Reinike])

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

Interpretation Response Details

Response Publish Date: 01/06/1999

Company Name: Shell Chemical Company

Individual Name: Mr. William Reinike

Location State: OH Country: US

View the Interpretation Document

Response text:

JAN 6, 1999

Mr. William Reinike                    Ref. No. 98-0361
Shell Chemical Company
2982 Washington Blvd.
Belpre, Ohio 45714

Dear Mr. Reinike:

This is in response to your letter of December 2, 1998, requesting clarification on the requirements for materials of trade (MOTs) under the Hazardous Materials Regulations (HMR; 49 CFR parts 171­180). You presented the following scenario and would like confirmation that the MOTs exception in  § 173.6 applies.

A barge of butadiene arrives at your Ohio River dock facility. A technician draws 500 ml of butadiene from the barge into a small cylinder. He uses a company pickup truck to transport the cylinder to your main plant. At the plant the butadiene is analyzed to ensure the material in the barge meets you manufacturing specifications.

You also presented the following proposed scenario:

A barge stops at Neal's Landing in Vienna, WV, before proceeding to your plant. You would like to draw a sample of material at this time so that by the time the barge reaches your dock facility the material would have already been analyzed. The difference in this scenario is that the trip is 10 miles each way and crosses state lines.

Both scenarios you present are suitable for the MOTs exception. You are a private carrier transporting small amounts of hazardous material in direct support of your business and you state that all provisions of § 173.6 are met.

I hope this information is helpful,

Sincerely,

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

171.8

Regulation Sections