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Interpretation Response #98-0371 ([Levine-Fricke] [Mr. Thomas J. Dolce, P.E])

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

Interpretation Response Details

Response Publish Date:

Company Name: Levine-Fricke

Individual Name: Mr. Thomas J. Dolce, P.E

Location State: FL Country: US

View the Interpretation Document

Response text:

August 4,1999

 

Mr. Thomas J. Dolce, P.E.                    Ref.  No. 98-0371
Principal Engineer
Levine-Fricke
3670 West Shore Road
Warwick, RI 02886-5051

Dear Mr. Dolce:

This is in response to your letter dated December 10, 1998, regarding the use of the materials of trade exception in 49 CFR 171.8 and 173.6. I am sorry for the delay and hope this has not caused you any inconvenience.

In your letter you ask if different scenarios meet the definition of materials of trade (MOT) in § 171.8. You ask us to assume that the materials are transported over public roadways by private company or employee owned vehicles and meet the type and quantity limitations, packaging and hazard communication requirements of § 173.6. For ease of response, each of your scenarios are paraphrased below:

Scenario One: A sample of a Class 3 paint, ink or similar liquid  (which is used in the company's manufacturing process)  transported from Plant 1 to Plant 2 where it will undergo quality control testing in a laboratory located in Plant 2.

Answer: One criteria for an MOT is that a hazardous material is transported by a private carrier in direct support of its principal business which is not transportation by motor vehicle.  Therefore,  a hazardous material transported between a company's facilities for purposes of quality control testing meets the definition of MOT.

Scenario Two: A sample of a Class 3 paint, ink or similar liquid (which is used in the company's manufacturing process) transported from one of the plants to an independent outside laboratory (not owned or affiliated with the subject company) for testing.

Answer: See response to one.

Scenario Three: A container of a Class 3 paint, ink or similar liquid (which is used in the company's manufacturing process) transported from Plant 1 to Plant 2 for use either in trial or actual manufacturing operations conducted in Plant 2.

Answer: See response to one.

Scenario Four: Gasoline (Class 3) shipped from Plant 1 to Plant 2 for use in lawn mowers, trimmers and snow blowers.  Also, please address the issue of a company employee transporting gasoline from a local filling station back to the plant for use as described above.

Answer: Gasoline (Class 3)  transported between a company's facilities, even when purchased at a local filling station and transported back to a company's facility, for use in lawn movers, trimmers and snow blowers meets the definition of MOT.

Scenario Five: A pesticide transported from Plant 1 (or the pesticide distributor's location) to Plant 2 for use as a pest control agent at Plant 2 in an outdoor area used to test the company's products.

Answer: Transportation of a pesticide by a company employee between a company's facilities, or from a distributor's location to a company facility, for use as a pest control agent in an outdoor area used to test a company's products meets the definition of MOT.

Scenario Six: The purchase of a Class 3 flammable liquid by a company employee from a local hardware store and transportation to Plant 1 for use in Plant 1's manufacturing operations.

Answer:  Transportation of a hazardous material by a company employee from a local hardware store to a company's facility for use in its manufacturing operations meets the definition of MOT.

Scenario Seven: Do samples transported by salesman to various industrial/commercial establishments meet the definition of materials of trade?

Answer: The transportation of hazardous materials by a salesman to various industrial/commercial establishments meets the definition of MOT.

Sincerely,  

 

Thomas G. Allan
Acting Director
Office of Hazardous Materials Standards

173.6

Regulation Sections

Section Subject
173.6 Materials of trade exceptions