# Boyle Transportation — Hazardous Materials Safety Interpretation

**Citation:** 12-0048  
**Type / status:** guidance / guidance  
**Agency:** Pipeline and Hazardous Materials Safety Administration  
**Effective:** Not stated  
**Published:** 2012-06-21

12-0048 response to Boyle Transportation concerning 177.834.

## Document text

<<<PAGE 1>>>

U.S. Department
0t Transportation
?ipeline and Hazardous
11aterials Safety
Administration
' :r;o New ,Jersev Avenue. 3C:
"iShinqton. u C . . "0500
J.UN. 2l201~
Mr. Enrique A. Araniz
Boyle Transportation
15 Riverhurst Road
Billerica, MA 01821
Ref. No. 12-0048
Dear Mr. Araniz:
This responds to your February 2, 2012 letter requesting clarification of applicability of the
Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In your letter, you
indicate that it is your understanding that the temperature control units installed on your
company's trailers are not cargo heaters. Specifically, you request clarification whether
your company's temperature control units are excepted from the requirements of
~ 177.834(1 )( 1) when the trailers are used to transport Class 1 (explosive) material.
The answer is no. A motor vehicle equipped with a cargo heater of any type that is used for
the transportation of Class 1 (explosive) material is subject to the conditions of
~ 177.834(1)( 1 ). The temperature control unit on the trailer must be rendered inoperable by:
I) draining or removing the temperature control unit fuel tank; and 2) disconnecting the
. ' .
umt s power source.
This interpretation is offered based on language from rulemakings under Docket No. HM-
llO (copies enclosed). The rulemakings proposed that an explosive may not be loaded into
the truck body or a trailer equipped with operable automatic temperature control equipment
and that all automatic heating and refrigeration machinery must be rendered inoperative by
disconnection of controls and power sources. This proposed language was subsequently
revised to the current tormat in the HMR ("a cargo heater of any type"). The purpose of the
revision was to clarify the requirements rather than to make a substantive change.
Therefore, we conclude that a cargo heater as used in§ 177.834(1)(1) includes a temperature
control unit. We apologize for any confusion and note that Letter of Interpretation Ref. No.
06-0265 will be retracted.
l hope this information is helpful. If you have further questions, please contact this office.
Sincerely,
Robert Benedict
Chief, Standards Development Branch
Standards and Rulemaking Division

<<<PAGE 2>>>

[14C~Part7:J.l
(~Docket No..'13-=cE-10)
TRANSmON AREA
• ' Proposed Designation
"The Federal A-viation -Administration
. .is consideling amending Part 71 of the
FederalAviatlon J:egU]a.tions so as to des-
, '!gnate a. transition area at Chlll1cothe,
Missouri. .
Interested persons may participate in
the proposed rule maldng by submitting
such -written data. views, or arguments
as they lll&Y. desire. Communications
should be submitted in triplicate to the
Director, Central Region, Attention:
Chief, Air 'l'raflic Divfsion, Federal Avia.-
tion Admin1strat1on, Federal Bulldlng,
601 East 12th Street, Rimsas City, Mo.
64106. All communications received on
or before September 28, 19'13"'1'/ill be con-
sidered before 11.et1on is taken on the pro-
posed amendment. No public hesr!ng :is
contemplated at tbls tlme, but arrange-
ments for Informal conferenees With
Federal Aviation Adulinfstratfon omcials
lll&Y be made by contacting the Re-
gional Air Trafllc Division Chlef.
.Any -data. Y.fews, or arguments pre-
-sented dUring such conferences must also
be submitted m "1'/litlng m accordance
with this notice m <lrder to become part
<If the record for consideration. The pro-
posal contained in th1s notice may be
changed m the light of comments re-
ceived.
A public docket will be avanable for
examination by interested persons in the
o.mce- of the Regional Counsel, Federal
Aviation AdminfstratioD, Federal .BUfld-
1ng, 601 East 12th street; Kansas City,
.Mo. 64l06.
. A new l!Ublic use instrument approach
.procedure is being developed for the
Cbi11icothe .MUD1cipal AirPort, Chl111-
cothe, ..Missouri. Consequently it is nee-
essa:l'1 to provide controlled s.trspa.ce
protection for aireraft executing this
DeW approach procedure by designating
.a trans1tionazea at Chfllicothe, Missou:d.
In conslderation of j;he foregoing, the
Federa1AviatlonAdmiii1stration propOSes
to amend Part 71 of the Federal AvJ&-
tlon regu]atioris as hereinafter st!t forth:
In § 71.181 (38 FR 435>, the follow:lng
transition area is added:
CB:lLUCoT:B:I!:, M!ssoUlll
That a.uspace extencUDg upwards trom 700'
~ the ~ 'Withm a 5-mUe i'adlua of
the ChUllcothti :Munlclpal .Mzport (latttude
39"46'45" N., lODgl.tude 93"30'00" W.}: ancl
'W1tbUI. 3 mUes either side-of the 33'l" beRing
tro:oa the :MEW !aclllty e:Rendlng tro:oa the
s-mne radius to 8.5 mlles northwest. aDd
tb&$. a.fmpace extencUDg upwanis trom 1.200"
above the surface 5 mnes southwest; and. 9.5
mUes northeast of the 33'l" be&nng from tlle
Ch1Illcothe 1dllW faclllty extending trom 6.5
mnessoutheast to 18.5 mUesnorthwest of the
Ch1llleothe :MRW faclllty, excludlngtlu!.t por-
tton which overlies the Trenton, :MlsSo1u1.
transitiOD. -area.·
(Sec.307(a} FederalAviatfon Act of 1958 (49
u.s.a. 1348): sec. &(c). Deputme:nt of 'l'l'lms-
portatton .Act (<19 u.s.a. 1655 (c)})
PROPOSED RULES
22901
Issued In Ks.nsn.s city, 'Missouri, on
AUBUSt; 10, 1973.
d1schD.rgmg nta rate hish enough to acti-
vate the excess flow valve. 'rhe fire was
JoHN M. cnoc:s::r,
Director. Central Region.
(;FR. Doo.'I'3-1802U'Uec18-24.-'13;8:4S 11m]
directed to nnother cargo tank that even-
tunlb' exploded. As a result o! the fire
and exp1031on, one person "WaS k:Dled and
over $200,000 In property damage oc-
currecL There, Js little doubt that if an
Hazardous Materials RegulaUons Bollrd
lntemnl valve, as specified in section
1'18.337-ll(c) had been. installed on the
[ 49 CFR Paris 173, 177]
cargo tank, the :flow of propane could
(Docket No. m.t-110: l:otlco llo. '1'3-6]
havo been shuto[[ by manual means. 1!
HANDUNG OF HAZARDOUS MATERIALS
not automati~ by the melting o! the
ON MOTOR VEHICLES
fusible element.
In order not to Jmpose an undue burden
Mrscelfaneous Amendments on t:mk o'I'1Ders, the Board fs proposing
The Hazardous ~lateriDls BesuJnt1ons that tbe emergenCJ" disCharge controls ·
Board Js considering omendment of scv- :ma.y be installed when the cargo tanks
era1 sections of the De}l3rtment's Hnz- nre scheduled for the 5-year retest
ardous Materlnls regulations. comment- required 1n § 1 '13.33.
era need onl,y 1dentu,- the p:utfcuJnr In consideration of the foregoing, it
proposal on which the,-'Wish to comment 1s proposed to amend 49 CPR Part 1'13
-when respondlDg. The proposals covered n.s follows:
in this document are: In §l'l3.33, p:u-ar:ra.Ph ID v:ould be
A. Emergency d1sc:11nrt;e controls on added n.sfoUows:
MC 330 cargo tanks. . § 173.33 Cargo tAnk use nuthoriutio!L
B. cargo tank certlftcate retention. • •
c. lbdrostntic and pneumatic testiog • · • •
"of cargo tanka. 0> MC 330 cargo taJlks used' for ilam-
D. ca.rso heaters with explosives and mabie comJ;Jt1!SSecl gas or anbydro11S am-
1lammable commodities. ' monla. must be equipped with an emer-
E. Attendance of tnnk vehJcl1!3 during cency dlscb4rge control that conforms
'loading and unloadlllg. to the reqtdrements of § 1 '18.33'7-11 (c) of
P. Openinp on cnrgo tank to be closed tliJs subcllapter at each liquid or vapor
during transportation. dJsc1larse opening. The control must be
G. RepaSrs and mnlntenance to vehl· !nstalled not later than the date the tests
cles in closed saroBes. ~rescrlbed by paragraph <e> o! this see-
R; Wamlng devices on vehicles con- tlon lltBrequlred..
taiDJilg hazardous materJDJs. '
PnOPOSA£ B
' Pl!OPOSAL A
CAilGO l".UIE CDDFICAn: :u:mm:IOlf
EIIIERGENCY DJSCJiABCE COmltOI.S Oll KC 330
CARGO ~.u;xs
The Hazardous Mateials Regulations
Board fs consfderb:lg an amendment to
The :a:azardous MaterJals Regulations
cJnr1lJ' the requirement for retention o!
.Board 1s considering amendment o!
the manufacturer's c:ertf:flcate for specifi.-
§ 1 '13.33 o! the Department's Bn:l.ardous
cntton cargo tanks. ·
MaterJals regulations to require that lll1
The Bo3rd has found that many motor
Specl.tlcatlon MC 330 cargo tmlks used
carr:lers are nat aware of a requirement
for the tmnsporta.tfon of f!amma})Je com-
that the manufacturer's certi1icate :for
pressed gases and anb1drous ammon!&
a speclflcatlon can;o tank must be re-
.be equipped with emeiBency d1sc1mrge
tnined by the motor carrier !or as long
controls as 1s now %eQU1red on Speclilca-
n.s the tank fs In service and for 1 :vear
tlon MC 331 cargo tanks. At the t1me
thereafter. The confusion :may be ca~
Specl.tlcation MC 331 cargo tank specl-
by the fact that the cetWicate-retention
ficatton was adopted, the Interstate Com-
requirement.-; are presently contained in
merce CommJssion decided not to require
the cargo t:mk: speclfications in Part 1 '18.
an updating of the standards for Speci-
Pd man:y of the speclflcatfons no longer
1lcatlonMC 330 cargo tanks.
appear in the publJ.shed codUicatlon of
The Board believes tluLt it Js now nee-.
the regulatfODS', although the tanks may
essanr to require that these t:uJks con-
be continued 1n use. The Board believes
form. to the same emezgency discharge
thnt n general retention provision fs
control standards as are %eQU1red for Me
needed In Part 1 '17 to resolve thfs. prob-
· 331 cargo tanks to assure the some degree
lem. In addiUOD, the. Board. Js proposing
of safety. A recent accldent involving an
to require earners to retain all retest and
MC 330 il8oTilO tank hils demoustrnted the
fns]:Jeetfon reports m the same 1ile with
need to require that these tanks be retro-
the mnnufactmer's certfftcate.
fitted with remote controlled internal
In cons:lderation of the foregoing-. it is
shutoff valves. In this accldent, the pro-
proposed to amend 49 CFR Part 177 a.o;
follows:
pane from an MC 330 ca.rgo tmlk pro-
w In Part 1'1'1 Table o! contents.
vided fuel to a 1ire wblch resulted from
§ 1'1'1.814 would be added to read a.<~
the acc!dento.l rupture of B manUoldecl
follows:
storage tank intake line into whfch the
Sec.
cargo tank was unlD:Id.lng. The escnplng
1'17.814 Betcntfcm of ~a
propane from the cargo tank wn.s not
Cl!rt111C3to
fEDERAL REGISTER, VOL 38, NO. 165-MONDAY, AUGUST 27, 1973
No. 165-:Pt. I---4

<<<PAGE 3>>>

22902 PROPOSED ROLES
CB> Section 177.814 would be added to
In consideration of the foregoing, it § 177.834 Ccncrnlrequlromcnl!lo
read as follows:
is proposed to amend 49 CFR. Part 1'l7 • • • • •
• _ _, as follows:
§ 177.814 Retention of mnnnfactur...-a In § 177_ 824. subparagraph (d) (l!) (1) Use of cargo heaters wltl& e%PlO•
certificate. would be revised to read as follows: sives and Jlammabl6 commodltles.-<1>
<li> Each motor ca.rrl.er who uses a. Flammable lfrzufd:r and jlammablo
cargo tank vehicle shall have in his :fileS § 177.824 Retesting and inspection ol gases.- Except as provided fn ~ph
a certificate signed by a. responsible of- eorr;o tanks. · (1) (2) of this section. a flrunm.:Bblo llquld
ficial of the manufacturer or fabricator • • • • • or a. flammable gus must not bo loaded
of the cargo tank, or a competent testing <d> • • • into a truck bods' or a tmUer contaln.lng
agency, certifying that the cargo tank <2> For hydrostatic testing, the tank a combustion heater or equipped with
has been designed. constructed, and (Including its domes, if any) must be operable automatic temperature control
tested In accordance with, and complles completely filled with water or a llquid equipment. For purposes of this seotton,
with, the requirements conta.lned·in the having a viscosity simlls.r to water and acatalytichea.terisacombustionheb.tor.
spec11lcation for the tank set forth in this the pressure must be gaged at the top Fuel tanks for automa.tio temperature
subchapter. The certificate and any other of the tank. Pressure must be applled control equipment must be empty or ro·
data furnished as required by the specl- in accordance with the following chart moved from the vehicle, except thnb
fication must be retained at the principal and increased for pneumatic testing by llquefled petroleum gas :t:uel tnnks ox•
omce of the carrier during the time that a pressure equivalent to the static head. terlor to the vehicle bodY may have their
the catio tank is used by the ca.rrler and in the tank when fully loaded with the valves closed md dlsconneoted from tho
for 1 year thereafter. However, the motor heaviest lading authorized to be trans- :t:uel feed llnes instead of belnu emptied
carrier may himself perform the tests ported or water, whichever is heavlpr. or removed.
and inspeotlons to determine whether the The tank must hold the prescribed (2) E:reepttcm /or certain autonr.atla
tank meets the requirements of the pressure for at least 10 minutes. All tank · temperature control equlpment.-A
specification. U the motor carrier does valves, piping, and other accessories in flammable llquld or a flammable eas may
so and determines that the tank con- communication with the lading must be be transported in a vehicle equipped with
forms to the spec11lcation, he may use pressure tested and proved tight at the automatic temperature control equip•
the tank if he retains the test da.ta. in tank design pressure. During the pneu- ment, if (1) the lading space is equipped
place of a certificate in his files at his matte -test the entire surface of all joints with no electrical apparatus or eleotrlco.l
principal ofllce for as long as he uses under pressure must be coated with a apparatus of the nonsparklng or oxplo·
the tank and 1 year thereafter. Each solution of soap and water, heav:y oU, slon-proof type, <U> no combustion np•
motor carrier who uses a speclflcation or other materials suitable for the pur- paratus is in the lading spllCe; and (W)
cargo tank whlch he does not own and . pose of foaming or bubbling to indicate there is no connection for return of air
has not tested or inspected shall obtain the presence of leaks. other methods from the lading space to any combustion
a copy of the cerWlcate and retain it equa.lly sensitive for detemUnJng leaks apparatus. The heating system must pro•
In his files at his prlncipal ofllce during ma.y be used. vent heating of any part of the lading to
the ttme he uses' the tank and for 1 year • • • • • a temperature of more than 13o•F. and
thereafter. must conform to the requirem&nts of
(b) Upon a written request to, and PROPOSAL D § 393.7'7, of this title.
with the approval of, the Director, Re- CARGO ~TEas WITH EXPLOSIVES AND (3) E:cplosfves.-An explosive must
gional Motor Carrier Safety Office, for n..u.u.tABLE co:M:a.toDrm:s not be loaded into a truck body or tra.Uor
the region in which a motor carrier has which contains a combustion heater or
his principal place of business, a motor The Hazardous Materlals Regulations is equipped with operable automp.tlo tom•
carrier may retain the certiftcate and Board Is considering amendment of perature control equipment. For the pur·
other data specltled in paragraph (a.) of § 177.834 of the Department's Hazard• llOSe5 of thls paragraph, catalytto heat-
this section a.t a. regional or terminal ous Materials regulations, to clarify the ers are combustion heaters. All ruel tanlrs
omce. The address and jurisdictions of prohibition against the use of certain for a. heater or automatic tempera.turo
the Directors of Regional Motor Carrier. heaters in a transport; vehicle which is control equipment with which a truck
Safety omces are shown in § 390.40 of · loaded with explosives or flammable body or trailer Js equipped musb bo
Chapter m of this title. commodities. drained. All automa.tto heating or
Cc> Withdrawal o/ certi/lcafion.-See · There has been much con:t:uslon con- refrigeration machinel'Y mus~ be rcn-
§ 1'17.824(1>. cemlng the use of catalytic cargo heaters dered Inoperative by disconnection of tho
(d) A copy of retest and inspection re- in vehicles transporting flammable automatic controls and sources of power
ports required by §§ 1'13.33 and 1'17.824 llqulds and flammable gases. The Fed· for its operation.
and all records of repairs to each cargo. eral Highway Administration has taken
tank must be retained in the same file the position that, for the purposes of <B> In § 177.835, pamgraph (o) (1)
with the manufacturer's certificate for these regulations, a catalytic heater is would be deleted as follovm:
that tank as specified in paragraph (a) a combustion heater. This proposal would § 177.835 Explosives.
of this section. speclficall:y state that catalytic heaters
PROPOSAL C are considered as such, and not permit-
• • • • •
ted in vehi,cles transporting flammable
<e> • • •
HYDROSTAric AND PNEUMATIC n:srma oP materials. However, commenters are in·
m [deleted].
cARGO TANKS vited to submit test data and other evi-
• • • • •
The Hazardous Ms.teriala Regulations dence in support; of the use of catalytic
PROPOSAL E
Board is considering amendment of heaters as a safe means of heating the
§ 1'17.824 of the Department's Hazard- cargo spaces of motor vehicles.
ATTENDANCE OF TANK liiOTOR VEJUOLEll
ous Materials Regulations to clarify the The Board also feels that the precau-
DURING LOADING AND ll'NLOADINO OPCIIA•
hYdrostatio and pneumatic testing pro- tions against the loading of explosives
'liONS
cedures for cargo tanks. into transport vehicles containing a
The Hazardous Materials Reeutatlons
Present requirements specify hydro- heater should be the same as that per·
Board is considering amendment of
statio or pneumatic testing of cargo talning to flammables, and that the spe-
§ 177.834 to clo.rify the meaning of "nt.
tanks under certain conditions. But the clfic provision should be Included under
tendance" as it perl;a.lns to a tank motor
procedures for pneumatlo testing are not general requirements.
vehicle being loaded or unloaded.
contained in the regulations. Thereto- In_consideration of the foregoing, it is
The Board has found that several dan-
.... · proposed to amend. 49 CFR Part; 1'l7 as
the. Board is proposing that these pro- followsf .
gerous incidents h:ave occurred during'
the loading or unloading of tank: motor
cedures be incorporated into the . (A) In § 177.834, paragraph (1) would
vehicles which could h&ve been o.voided,
regulations. 1 be amended to read as follows:
if there had been someone near tho cn.ruo
FEDERAL REGISTER, VOL 38, NO. 165-MONDAY, AUGUST 27, 1973

<<<PAGE 4>>>

PROPOSED RULES
tank to take corrective or preca.utionanr
§ 177.839 Corrosh·c liquicJ.,.
action. The Board feels that there ma.y
be some confusion as to the intent of
• • • " •
(d) Cargo Tanks.-A person shllU not
the term "attendance" as it is used fn
drive a tank motor vehicle and u. motor
§ 177.834CD.
carrier shnll not require or permit a
In coDSiden.tion of the foregoing, it is
person to drive a tank motor vehicle
proposed to amend 49 CFR Part 177 as
. follows: -
contai.Dlng a corrosive lJquid UDless-
In § 177.834, paragraph <1> would be
CI> All mnnhole closures on the em-co
revised as follows:
tank are closed and secured; Bnd
<2> All VDlves nnd other closures on
·§ 177.834 General~rentenl5:
Jlquid discharge openings nrc closed nnd
• * • • •
free of leaks.
Ci> Tank motor vehicles must be at-
cc> In § 177.841, pnrngrnph td) would
tendeci during loading ana unloading.-
be added to rend as loUows:
Each tank motor vehicle must be at-
tended at all times by its driver or a
-§ 1'17 .841 Pobons.
q~ed representative of the motor car-
• • • • •
rier that opers.f;es it during the loading (d) p is i
or unloading .of the tank motor vehicle. o ons n cargo tanks.-A per-
- For the purposes of this subsection- . son sbnll not drive n. tank motor vchJcle
<1> A tank motor vehicle Is attended and a motor carrier Ghnll not require or
when the person in charge of the vehicle permit a person to drive n. tank motor
1s awa.k~ and not in a sleeper berth, and vehicle contalnlng poisons unless-
is within 25 feet of the tank motor <1> All mn.nhole closures on the cnrco
- vehicle and has it within his unob- · tank are closed and secured; nnd
structed :field of view; C2) All vaives and other closures on
. (2) A "qualified representative" of a Uquid discharge openings are closed and
motor carrier Is a person who has been "free of leaks.
designated by the carrier to attend the vehicle, is aware of the D.ature of the
hazardolis m~terial contained in the tank
motor vehicle he attends, has been in-
structed on the procedures he must fol-
low in emergencies, is authorized to move
the vehicle, and has the means to do
so· and
(3> The delivery hose, when attached
to the tank motor·vehlcle, is a part of the
vehicle. -
.• - • , ..
·-
PROPOSAL F
. OPENINGS ON CARGO TANXS TO BE CLOSED
DUIUNG "rRANSPOB'rAnON
The Hazardous Materials Regulations
- - Board is considering amendment of
§ 177.839 by· adding a requirement that
internal valves and manholes be in a
closed and secured position during trans-
portation. A similar provision was added
during recent rule making pertaining to
the traDsportation of compressed gases,
and the Board now proposes tO add
_ similar requirements for the transporta-
tion of 11amms.ble Jlquids, poisons and
corrosive materials in cargo tanks. In
consideration of the foregoing, it is pro-
posed to amend 49 CFR. Part 1 '17 as
follows:
CA> In§ 17'1.837, p;u-agraph (e) would
.. be added to read as follows:
§ 17~.837 FlammaLie liquids.
• • • • ..
• (e) Manhole3 and valves . closetl.-A
person shall notrdrive a tank motor vehi-
cle and a-motor carrier shall not require
or permit a person to drive a tank motor
vehicle containing a. :flammable Jlquid
unless-
. <U All ma.tlhole closures on the cargo.
tank are closed and secured; and
<2> All valves and other closures on
llquid discharge openingS are closed and
free of" leaks.
(B) In § 1~7.839, paragraph (d)
, would be added to read as follows:
PnoPOSAL G
I!EPADIS AND :I.IAJN'rE!l.v:cE ':tO uo:ron
VEBICLES CONTAINING HAZARDOUS UATERIALS
The Hnznrdous MD.terJnls ReguJntions
Board Is considering amendment of
§ 1'17.854 of the Department's Hnznrdous
l\fa.terJals Rei!'Ulatlons to u.uthorfze re-
pairs to a motor vehicle containing hn.z-
ardous materinls in n. clo!ed cnrace.
Tllis proposal Is based, in part, on n.
petition from Consolldnted Frefghtways
Corp. of Delaware. Petitioner states that
"• • • minor repairs ns o.djustment of
brakes, changing of tires, replncJ.ng
·burned out lamps, etc., would necessarilY
have to be IDilde fn the open or under
a shed-type building • • • this rule
causes undue ho.rdshfp on our, or ll1U'
motor carrier's operu.tlon, especlnlly dur-
ing the· hours of darkness and lllso In-
clement weather.
The Board has concluded that the peti-
tioner's x:equest may- have merit. A cm--
rier faced with tho problblHon in
§ 1'17.854Cg)" might well choose to deia.y
making necessary, though per hops minor,
repairs until llfter the \"ehlcle hns
reached its destination nnd bllS been
emptied. By doing so, a greater hazard
may exJst thnn the potenHnl hllznrd
posed by the ll1llk1ng of repairs in a
garage, especlaUy since JD1lDY repairs do
not involve llll3' po.rt1c:ulnr risk of ex-
Plosion or :fire.
However, the Board bcUeves tho.t the
prohibition should be removed only U
adequate sllfecunrds ncuJnst CJ.'Ploslon
are maintained. The Sllfegunrds proposed
include protecting the vehicle from open
flames or welding. devices in use, andre-
quiring every vehicle to have a means of
motive power while it is fn the cnrnce.
In consideration of the foregoing, it
Is proposed to amend 49 em· Part 17'1
as follows: ·
In § 177.854, pnrncruph Cc> would bo
revised to read as follows:
22003
§ 177.8~ Dlsllhled vehicles and :broken
or ll!llking pncbgcs; rep:Urs.
• • • • •
(g) ReJJalrs anll maf11tenance to ~ehlclea.-<U
No maintenance or repair
USing open :flame or a.ns-~e of weld-
ing ma.y be performed on vebfcles con-
t31nlng hazardous materials.
(2) When a vehicle containing hazard-
ous materials 1s lnsfde a building for re-
pairs or otherreascms--
m There must be no :flame-producfn..-
or welding devices in opetatfon wiuw'i
the same enclosed area of the bulldlng·
and •
Cll> The vehicle must have an operable
mC3DS or motive power or must be con-
nected to nn operable truck or truck
tro.ctor to fo.c1lltate its quick removal
from the building.
• • • • •
PnOPOSM. H
WMUI:U:a IJZVICES liOR 5r0Pl'ED VEHICLES
The Hazardous Mo.terials RegUiatfons
Board is considering editorial changes to
§§ 177.854, 1'17.856, and 177.859 t~ re:flect
recent chnnges to the Motor Carrier
Satety regulations C49 CF.R Parts 390-
397) pertalning to warning devices for
stopped vehicles.
In 1:onsfderu.tion of the foregoing, it is
proposed to amend 49 CFR Part 177 as
follows:
W In § 177.854. the .last sentence in
p.lragraph (a) and the entire subpara-
graph CD Cl> would be amended to read
nsfoUows: ·
§ 177.054- Dlsllhled ,-chicles and broken
or Jenkin~: packuges; re~.
(a) • • • Sections 392.22_ 392.24. and
392.25 of this tiUe for signals required to
be displayed on the high~.
• • • • •
(!) •••
(1) For motor vehicles other fh:JD
cargo t:mk motor veblcles used for the
tro.nsportatlon of :flnmmable Jlquids .or
1lllmmable compressed gases and not
transporting e."q]Iosives. Class A. or
Class B, :flare~ (pot torche:~), fusees. red
electric lnntems, red emergency re:flec- -
tors, red emergency reflective triangles,.
or red :flags must be set out in the man-
ner prescribed by §§ 392.22, 392.24. and
392.25 of. this title.
• • • • •
(B) In§ 177.865, the second sentence
in paragro.ph Cd> would be amended to
rend as foUcms:
§ 177.856 Accidents; fiDDUJJal!le liquids.
• • • • •
(d) • • • In such case~ red electric
lllntems, red emergency reflectors, red
emergency reflective triangles. or red
:flacs must be set out in the manner
prescribed by §§ 392.22, 392.24, and
392.25 of this tiUe. • • •
• • • • •
cc> In § 177.859, the third sentence
in paragraph Cb> would be amended to
read as foUows:
fEDERAL REGISTER, VOL 38, NO. 165-MONDAY, AUGUST 27, 1973

<<<PAGE 5>>>

22904
§ 177.859 Accidents; compressed gn.see.
• • • • •
<b> · • • • Red electric lanterns, red
emergency reflectors, red emergency re-
flective triangles, or red flags must be set
out in the manner prescribed 1n § § 392.22,
392.24, and 392.25 of Chapter m of this
title. • • • ·
• • • • •
Interested persons are Invited to give
their views on these proposals. Com-
munications should identify the docket
number and be submitted in dupllcate to
the Secretary, Hazardous Materials Reg-
ulations Board, Department of Trans-
'portation, Washington, D.C. 20590. Com-
munications received on or before Octo-
ber 30, 1973, will be considered before
final action is taken on these proposals.
All comments received will .be available
for examination by interested persons
at the omce of the Secretary,-Hazardous
Materials Regulations Board, Room 6215,
Buzzards Point Building, Second and V
Streets SW., Washington, D.C., both be-
fore and after the closing date for com•
· ments.
This proposal is made under the au•
thorlty of sectioil.s 831-835 of title 18,
United states Code, and section 9 of the
Department of Transportation Act (49
u.s.c. 1657).
Issued in Washington, D.C., on August
ROBER% .A.KAYE,
Board Member tor the
Federal Highway Administration.
(FB Doc.73-18143 Flled 8-24.-73;8:46 am}
PROPOSED RULES
National Highway Traffic· Safety
Administration
[ 49 CFR Part 571 ] •
(Docket No. 4.-2; Notlce 9]
WARNING DEVICES
Optional Labeling With Manufacturer or
Distributor Name
This notice proposes to amend Stand-
ard 125, Warntng Devices, 49 CFR
571.125, to permit the use of the manu-
facturer's or distributor's name on the
device to satisfy ident!ficat!on require-
ments.
The standard <effective date Janu-
ary 1, 1974) presentlY requires marking
with the manufacturer's. name. A recent
proposal (38' FR 14968, June 7, 1973)
would also require the use of manufac-
turer codes on all regulated 'Vehicles and
equipment other than tires, including
warning devices. A manufacturer of
warntng devices, Mlro-Flex co. of Wich- ' VETERANS ADMINISTRATION- .
ita, Kansas, has proposed the use of such
[ 38 CFR Parts 1, 17 ]
a. code instead of the manufacturer's
NATIONAL CEMETERY SYSTE.M
name to permit merchandlzing of its de-
vice through private' label programs. Eligibility ~or Interment; Memorial Services
The NHTSA has determined that Publlc Law 93-43 (87 Stat. 75), enacted
this petition for rutemaking should. be June 10. 1973, establlshed a National
granted in part. The use of a. code would Cemetery System within the Veterans
Adminlstration. This system wm have
aid in distinguishing manufacturers with jurisd1ction. over cemeteries under juris-
nearlY identical names and permit rapid diction of the Veterans Admin1stra-
retrieval of identl1lcation information fn. · tlon as wen as certain cemeteries to be
the event of notl1lcation and recall. At transferred from the Department of tho
the same time, notl1lcation and recall Army. AccordinglY,§§ 17.200,17.205, and
would be further aided by a manufac- 17.206 are revoked and 1s fs proposed to
turer or distributor's brand nam.e which add §§ 1.600 and 1.606 to provide for ell•
the purchaser would be likely to remem- gibllity for interment and memorial sorv-
ber and recognize as the source of his ices conducted 1n national cemeteries.
warning device. Because the code has · . Interested persons are invited to sub·
already been proposed· elSewhere and mit written comments, sum::estlons, or
should be evaluated as one part of a unl- objections regarding the proposal to tho
form labeling system <NRTSA Docket Administrator of Veterans' AJialrs
73-14: No. 1, comment closing date Bep- (232H), Veterans Administration, Cen·
tember 7, 1973), this notice onlY pro- tral omce, 810 Vermont Avenue NW.,
poses that the manufacturer be permit- Washington, D.C. 29420. All relevant ma-
ted the option of marking the device terlal received before September 26, 1973,
with his name or a distributor's name. will be considered. All written comments
Accordin.g]y, it is proposed that Stand· received will be available for pnbllo in•
ard No. 125, Wa.ming devices, 49 CFR apection at the above address onlY bo•
571.125, be amended by changing sub· tween the hours of 8 a.m. and 4:30p.m.,
paragraph S5.1.4<a.> to read: Monday through Friday <except boll·
<a.> :Name . of manufacturer or dis· days) , during the mentioned 30-day PO•
tributor; riod and for 10 days thereafter. Any
person visiting Central omco for tho
Interested persons are mvited to sub· purpose of inapecting any such comments
mit ~omments on the proposal. Com· will be received by the Centrnl omce Vot-
ments should refer to the docket number st U'-'t in 13 s h
and l:ie. submitted to: Docket Section, erans Ass! ance ... room 2. uo
National Highway Tra:fDc Safety Admin· visitors to any VA field station will bo ln•
istration Room 5221, 400 Seventh street formed that the records are avnUablo for
.., inspection onlY 1n Central omce and wUl
SW., Washington, D.C. 20590. It 1s re- be furnished the address of the above
quested but not required that 10 coples room number.
be submitted. ' tin to tnt t 1n
·All comments received before the close The provisions rela g ermen
the former Vetemns Admlnfstrntton
of business on the comment closing date cemeteries (now a part of the Natlonnl
indicated below will be considered, and Cemetery System> will be etrective Juno
will be available for examination 1n the 18, 1973, Ellgibillt:v for interment-s 1n
docket at the above address both before those cemeteries of the Department of
and after that date. To the extent possi- t
ble comments filed after the closing date the Army being transferred o tho Vet-
will also be considered by the Atlo:1in1s· erans Administration on September 1,
tration. However the rulemakili.-action .. 1973, will be efiectlve on that da.to. Tho
may proceed at inY time after that date, etrective date of § 1.606 relating to mo·
and comments received after the closing mortal services conducted 1n natlonnl
date and too late for consideration in cemeteries will be efiectivo June 18, 1973.
regard to the action will be treated as 1. In 38 em Part 1, a center title and
suggestions for future rulemak1ng. The §§ 1.60~ and 1.606 are added to rend ns
Administration will continue to file rete- follows.
vant material, as it becomes available NATIONAL CEUETERD:S ·
in the docket after the -closing date, and § 1.600 Interment in nntionnl ccJnc-
it Is recommended that intereSted per- lcric.<J.
sons continue to examine the docket for
new material.
The National Cemetery System estab•
Ushed by Publlc Law 93-43, the No.tlonnl
comment closing. date: November 22,
1973. .
Cemeteries Act of 1973 (87 stat. 75) con•
sists of all cemeteries under the Jurlsdlc·
Proposed eifective date: January 1,
tion of the Veterans Admlnfstration on
1974.
June 18, 1973, and the no.tlonnl cemeter·
(Sees. 103, 11:1, 119, Pub. L. 89-663, 80 Stat.
ies transferred on September 1, 1073,
718, (16 u.s.a. 1392, 1401, 1407): delegations
from the Department of the Army to tho
of authority at 49 CF& 1.6111Dd 49 CF& 601.8)
Veterans Administro.tlon. The follow-
Issued on August 21, 1973. ·
ing rules of ellgibillty for intermont in
RoBERT L. CAR:rER.
national cemeteries apply to nU former
Associate Administrator.
Veterans Admin!strntion cemeteries as of
Motor Vehicle Program's.
June 18, 1973. These rules of eUgibUity
(FB Doc.73-1809'1 Flled 8-24.-73;8:46 am]
for interment also apply to all cemeteries
transferred oa September 1, 1073, from
the Department of the ArmY to the Vot·
erans Administration, and to any othor
cemetery later acquired or developed by
the Veterans Administration. Burial fs
authorized 1n national cemeteries of tho
remains of the following:
<a> Any person who served 1n the ac•
tlve mUitary, naval, or air service who
was discharged or released therefrom un·
der conditions other than. dlshonorablo.
<b> Any. member of the Armed Forces
who died 1n the active mUitary, naval, or
air service.
21,19~3.
FEDERAL REGISTER, VOL 38, NO. 165-M9NDAY, AUGUST 27, 1973

<<<PAGE 6>>>

PROPOSED RULES
21.4S5
75-RM-6 c 40 F .R. 17248) , ·is further
amended to read as follows: •
Tha.t airsPace extendlnlt upward from
700 feet above the surface within a 9-
mlle radius of General Brees Field,
Laramie, Wyoming <Lat. 41"18'50"N,
Long. 105°40'25"W>: 'Within 5.5 mlles
south anti 9.5 miles north of the Laramie,
Wyoming VORTAC 301• radial extend-
ing from the 9-mlle racllus area to 18.5
miles. northwest of the vpRTAC and
withili 5 miles each side of the Laramie
VORTAC 126• radial extendiiig from the
9-niile racllus area to 21 miles southeast
of the VORTAC. _
(Sec. 30'1(a) ot the ~rat Avtatlon" Act ot
1958, as ~~mended. (49 u.s.a. 1348(a)), BD4
ot Sect1oU G(o) ot the :pepaztment o! 'l'riiDS-
portatlon Act (49 U.S.0.1655(c)))
. Issued Jn Aurora, ColC?rBdo, on May
16,1975 •.
M.M.MAJtmr.
Director, • .Roclcy Mountain Be~.
[FaDoc.'l&-12870 Piled 5-15-75;8:43 am) [14CfRParts25and 121)
[Docket No. 9Gll: Notlco No. 711-GAJ
[14CFRPart7l:-] SMOKE EMISSION FROM COMPARTMENT
• [· ... __ Doclli. et No. TI)....OZ-5} INTERIOR MATERIALS IN· TRANSPORT
..... D.. CATEGORY AIRPLANES
TRANSmON AREA Extension of Comment Period
. Prop~ Designation The Federal AvJatlon AdmlnJstratlon
'l'heFederalAvtationAdm1Dlstratlonis proposed In Notice 75-3, published In the
coiiSiderlng amending Part 71 of the Fed- • FEDEIIAL REaiSTEa on Febtulll'Y 12, 1975
era1 Aviation Regulations-so as to desig- (40 m 6506), to amend Parts 25 and 121
nate a transition area at Neodesha, of the Federal Avtntton Regulations to
Kansas. • • • establish standards for the mnoke emls-
Interested pesrons may partfcJpate Jn slon charactenstfcs of compartment In•
the proposed rule making by submitting terJor mater.lals used Jn tmnsport cate-
such written data. Views or arguments as coiY airplanes. It was incllca"lcd Jn No-
they ma:v· desire. communications .shoUld tlce. 75--3 that conunents recolvcd on or
be submitted in tr1P11cate to the Director, before 1tlay 12, 1975, would be . con·
Central Region, Attention: Cble!, .Air sldered by the .Administrator before tak·
. Tra11ic Division. Federal Aviation AdmJn-· 1ng action on the proposed rules.
istratlon, Federal Bundlng. 601 East 12th By letter dllted Ms.? 5, 19'15, Peter M.
street, .Kansas cut. Mo. 64106. All com- Nemkov, Esq., on behnlf of the'Soc!ety
munlcations received on or before June or the Plastics Indu.st17, Inc. CSPD, a.
16 1975 will be considered before action trade association. requested a 30-da? ex-
is iaken on the proposed amendment. No tension of ttme provided In Notice 75-3
public heartng is contemplated at thfs for the submission of comments In order
time. but arrangements for Jnfonnal con- that the SPI position, with respect to c:er-
ferences with Federal AVIation Admin- ta1n areas of the proposed rules, could
istratlon ofllclals tna7 be made by con- be fullT coordinated with lt.s- member-
tactlng the Reg:tonal A1r Tra1llc Division ship. In VIew or the teclmlcal experience
Ch.le!. Any data. views or arguments of the SPI members. some or which are
presented during such conferences must aircraft compartment mo,ter1Dl manu-
also be submitted In .writing In accord- facturers, the FAA believes that the re-
. aru:e with thls notice~ order to become quested extension of -time shoUld be
part of the record for-consideration. The granted.
proposal contained ln tb1s notice ma? be I find that the petitioner has shown
changed· In the light of comments a. substnntfve interest In the proposed
received. rules. that good causa eldsts for the ex-
- A public docket will· be available !or tension. -and that the extension 1s con-
examination by Interested persons ln the slstent with the pubUc lntere$.
Oflice. of the Reg:lonal Counsel. Federal Therefore, puxsunnt to the authorit¥
Aviation Admlnlstra.tfon, Fed~ Bulld· delegated to me by the Admlntstrntor,
ing, 601 East 12th Street. Kansas Cit¥, (14 em 1L45>, tho "time within which
_M~ !!!,o~ublic-use instrument approach comments on Notice 75-3 will be re-
procedure has been ·established for the celvedis extended to.Tunel1,19'15 •.
Neodesha MuniciPal· Airport, Neodesha. Issued in Washlngton. D.C. on MD.1' 9,
1tansaS. Conseciuently, it 1s necessa.tl' to 1975.
provide controlled airspace pro~tion
. for aircraft executing this new approach
procedure by designating a 700-!oot
transition !lre&. at Neodesha, Kansas.
RICIWID P. Smmr.i,
Director.
Jnfght St4rulard8 Sen1fee.
(:FBDbo.76-1286'1 P11ed 6-16-7S;8:45o.m)
In conslderntlon of the foregoln!f, tho
Hazardous Uaterfafs Regulations Board
Federal AVIation AdmlnJstrntlon pro-
[ 49 CFR Part 177)
poses-to amend Part 71 of the Federal
Aviation RegUla.tlons us hereinafter set
[Docl:ot No. m.t-110: Notice No. '1&-S)
forth:
USE OF CATALYTIC HEATERS IN cetrAJN
In§ 71.181 C40 m 441>, the foUowlna
MOTOR VEHICLES. AND REPAIRS TO
transition area is added: •
VEHICLES IN CLOSED BUILDINGS
NI:ODEBBAt B:4MWJ
Proposed Rule Making -
'l'llAt nll'SpBCG oxtcn:ulln; upwnrd tzom 700 0 A_.. .. lS74 th """---d
teet nbove tho surtnco w1UWI. a G% milo n Dec.......,er "• • e ~ ous
radlus ot tho Neodesbllo, ~ MUD.Iclpnl Materiala Regulations Board (The
Airport, oseludlllg thnt portion wblcll co- Bo:lrd) publ!shed Amendments Nos.173-
Snc:ldes wtth the Pnr&oas, l.tl1ll.c3ll i:mllllltloll 87 nnd177-31 under Docket BM-110 (39
l1l'8l1o FR. 41741>. One portion o! the amend-
tseo.. 30T(n) ot tho Fedon.t Avto.tlon Act ot ment pertnmecl to the use of catab"tf~
1958 (49U.S.0.1348), o.nd or section G(c) ot heaters in the cargo compartment of a
the Depnrtment of 'l'rllJI.spO:rta.tlon Act (43 motor vehicle transportfDg _:flammable
u.s.a. 1655(c))) Uqulds or flammable compressed gases.
Tho revfsfon authorfzes use o! catab'tfc
!ssued in Kansas Clt¥, :Mlssourl, on heaters in these motor vehicles f! guards
Ap:ril18, 1975. are installed to keep the cargo at least
C. R. ll.fl:r.vom, Jr., • one toot away from the heater. The
Director, CentralBegfan. llDlendDlent was to become eff'ective Aprn
(F.RDoc.75-12871 Plleclli-15-7G;B:411o.m) 1,1975, but those sections covered by thfs
notice were pOStponed until October l,
1975 C40FR12269). ,
After the revlsfon was 1ssued. a peti-
tion !or reconsideration was received
from Cargo Safe. Inc., a manllf"acturer
of catalytic heaters. contalnfDg the fol-
lowing statement:
wo beUovo tho wo:rd.lrlg os Sf; cummtl~
osl!lt:J dOC3 not deal adequately mth . the
tcmpen~otlve problem o.nd CI1D allow !01"
dllD.G\lfOUS c::1ta1yt1c bll:ltezu to be JmldUced
oven thou&h they contemn to th& preseut
requJromenta. •
SpecLncaily, the petitioner seeks the
lldclltfon ot 4 Umltatlon upon the tem-
perature that :may be reached on the
outside surface ot a catalyt[c heater used
Jn the cargo compartment o! a vehfcie
transportfug flammable UqUfds or flam-
mable compressed gases. Petitioner cited
tests or 4 prototype heater. with guards
12 1Dches away from the heater, which
allowed the outside sldn temperature of
the cuard to reaCh 284•-P.
After reviewing the data submitted
in support of the J)etltfon, the Board
has concluded that the petftfOner's c:gn-
tentfon has mertt.Accord.lngb', the Board
proposes to add to paragraph cu o!
§ 1'17.834 a llmlt to the maximum tem-
J)erature llennltted on the outside sudace
of a catalytic heater which fs used In
the cargo compartment ot motor vehicles
transportfug fJammable UqUfds or flam-
mable gu.ses. However. the Board has not
removed the requirement !or the guard
on the heater as the petitioner aug-
gested because the guard afrords protej:-
tlon against damage to packages com-
1ngfncontactwith theheater. The Board
further bclJeves that a catalytic heater
needs to be marked so carriers vrm know
f! Ulq heater- compUes with these re-
quirements. Therefore, the Board fs pro..
pcr.JDg that "Meets DOT Requirements'"
be mJUked.Dn the heaters as aJDIUlUfac-
turer's cerWicatlon that the heater com-
pUes with the requirements of § 177.834
(1).
Upon further consideration. the Board
bclJcves that catalyt!c heaters should not
be lfghted or used 1D. the cargo compart-
ment of 4 motor vehicle conta.lnlng fiam-
mnbla liquids or flammable gases f! 8IJT
FEDERAl REGISTER, VOL 40, NO. 96-flliDAY, IMY 161 1975

<<<PAGE 7>>>

21486
PROPOSED RULES
fio.me Is present on the--catalyst or visible
<ID The heater Js designed so that no
-anywhere In the heater. Such a restric-
-part of the catalytic heater or its guard,
tion Js proposed to be added to § 177.834
wbich may come into contact with the
(1) along with a requirement that cata.;.
:cargo, -will reach a. temp~ture over
]y.tlc ll~ter manufacturers place a stgn
130° F. (55" C.) ;
-on each beater warnlng of thJs danger.
CifD There is no flame on the catalyst
The 'Board -1llso received a letter from
or anywhere In the beater;
Philllps-P.etroleum Company concernilig
<iv> The-heater 1s marked "DO NOT
the§ 177.854<g> amendmentbetngc:Wfer-
LOAD INTO OR USE IN CARGO COM-
ent from what WlU! proposed In the notice.
PARTMENT CONTAINING FLAM-
After further review, 1t appeam tbB.t the
:MABLELIQUIDS OR GASES IF' FLAME
preamble did not -clearly ·explain 'the m-
IS VISIBLE ON CATALYST OR IN
tionale behind the 'final amendment, -and
HEATER;"and •
that § 177.854(g) as amended does not
<v> The heater Is marked "MEETS
clearly -state the :Board's lritent. There-
DOT REQUIR.El\.mNTS!' ThJs marking
fore, what follows is a .further explana-
will be-considered a certification that the
tion of the Board's decision -and a pro-
heater was manufactured In accordance
posed editorial revision of :the section.
with the requirements of this section.
Prior .to this rule making, § 177 .854tg)
(3) E:teeption Jor certain automatic
contained a. blanket -prohtbition-a:gu.lnst
temperature control equipment. A 'flam-
a vehicle conta.lnlng any hazardous.ma~
mable liquid or a :flammable gas may be
ter1al being In a. closed garage for re-
transported In a. vehicle equipped with
pairs. In response to a petition, the Board
automatic· temperature control equip-
proposed that this prohibition be Ufted
ment If, m any electrical apparatus In
provided certain conditions existed In the
the cargo compartment Is of the non•
closed garage.· The proposed restriction
sparking or explosion-proof type, <U>
was without regard to any particular
no combustion apparatus is In the lad-
class of hazardous material. Following a
Ing space; and ·em> there 1s no connec~
reriew of comments submitted, the Board
tion for return of a1r "from the lading
decided that vehicles containing materlal
space to aDY" -combustion apparatus. The
which 'posed an Inherent 'fire JJl' explo-
heatllm system must prevent heating
~lon danger, t.e., explosives, 'flammable
of any part of the lading to a tempera-
liquids or gases, should not be In a closed
ture of more than 130" F. (55" C.) and
garage for repairs or maintenance re-
must conform to the requirements of
gardless of the added conditions. There-
§ :393.77 of this title.
fore, the amendinent was written to allow
(4)' Ezplo.rives. An explo51ve may not-
vehicles contalnlng hazardous inaterla.ls,
be loaded into -a. truck body or traDer
with certain exceptions, to be In a closed
which contains a. combustion heater ln-
Ui> The vehicle hilS an operable
meo.ns of motive power or I:J connected
'to an operable truck or truck tractor to
facilitate Its quick remo-vo.l from tho
butldfnr;.
(3) For purposes of this section, n
closed bulldiru~ ls any structure havint::
a roof and at least three side walls, In·
cludln~;r any roll-up, slldlnrr, or swina·
out "doors.
• • • • ••
Interested persons are invited to clvo
their views on these proposnls. com-
munications should Identify the docket
number and be submitted in dupllcnto
to the Secretary, Ho.zardous Mnterinls
Regulations Bonrd, Department of
Transportation, Wo.shingtoD, D.C. 20500,
Communications received on or before
July 15, 19'15 wm be considered beforo
final action Is to.ken on these proposnhl.
All comments received w111 be avo.Uablo
for examination by Interested persons at
the omce of the Secreto.ry, Hazardous
Materials Regulations Board, room 6215
Trans Point Building, Second o.nd V
!Streets, sw., Washington, D.C., both
before and s.fter the closlnB date for
comments.
ThJs notice of -proposed rule mnldn(f
is Issued llllder the nuthority of tile
Transportation of Explosives ACit (18
u.s.c. 831-835), o.nd Sec·tton 6 of the
Department of Transportation Act (40
u.s.c. 1655).
Issued ln Washington, D.C. on Mny 0,
1975.
garage for repairs. This decision was a
cladlng a catalytto heater, -or Is equipped
compromise between the original blanket
wlth operable automatic temperature
prol1lbltlon and the proposed relaxation
control equipment. All fuel.tanks for a
'without regard to -cype -of material on
beater or automatic temperature -control
ROBERT A. KAYE,
Board lllemberfortJto
Fecleral Highway Administration.
tP.R Doc.'T&-12908 Filed &-16-7S;B:41J ron]
the vehicle. The Board 1s also proposing
equipment with which a. truck body or
a definition for a "'Closed bulldlng for
tra.Uer is equipped must be drained. All
purposes of J 1 7'7:854<g>.
automattc_heatlng or-refrigeration ma-
National Highway TrafRcSnfely
In consideration of the foregoing, In
.chlnery must be rendered Inoperative
49 CFR 17'1.834, paragraph (1) would be
by disconnection of the automatic con-
Administration
revised to read as follows~
trols .and .sources of power :ror its
[ 49 CFR Part 552]
operation.
§ 177.834 Gc;neral requirCJDCD~ •.
fDockotNo. 7&-12i Notlco 1)
•
.. • • ..
..
• .. • ..
In 49 CJ!!R. 1:17.854, paragraph (g) PETITION PROCEDURES
<D Use o/.l!argo heaters with ~Zosil1es would be revised to r_ead as follows: Proposed Rulemakln ..
anll flammable com'moditfes-(1) Flam- "'
mable liquids and flammable gases. Ex- -'§ 1.77.854 Disa"hlecl vehicles and llroken ThJs notice proposes a new reaulo.tlon
cept as provided In paragraphs (1){2) orlCakingpackages; repairs. specifyJng the requirements for sub·
and UH3> of this section, a flammable o • • o • mission of petitions for rulem!!.k1nc, nnd
liquid or a 'flammable -gas must not be (g) R.epafr.s and maintenance to ve- petitions for the commencement of do·
loaded into a.truck body or:& tra.fler .con- ]z.f z Ex ept -'ded 1n .._ feet or noncompllance proceCdln[lS, in
tainlng a combustion .heater, or equipped _ <~ ~i tJs .se:o-s:;,o~~ main=~"; accordance with section 124 of the No.•
'with operable il.utoma.ttc temperature repair using open fiame or any type of tional Trafllc and Motor Vehlclo Safety
control equipment. Fael tanks for auto- welding may be performed on vehicles Act, 15 U.S.C. 1410o.. It o.lso describes
matte temperature .control equipment .contalnlng 1fammable llquids, flammable the procedures the NHTSA would follow
must be emptied or removed from the gases, oxidizers, or explosives. in acting upon the petition.
-vehicle, -except that liquefied petroleum (1) A vehicle contatn1ng exploSives or Section 124 of the Act WruJ enacted
gas fuel tanks exterior to the vehicle body a. cargo tank conta.infng 6 :flammable-~ part of the Motor Vehicle and School-
may have their ~lves closed .and dis- Uquid or a flammable ga.s <regardless of bus Safety Amendments of 1974. It pro-
connected from the fuel feed lines In- _quantity) may not be lnsfde a closed vides that "Any Interested pcroon mo.y
stead of being emptied or removed. , butld!ngforrepairsormaintenance. me with• the Secreto.ry a petition ro-
~2) E:teeptions tor catalytic heater.s. <2> A veblcle contalnlng hazardous questing him tl> ·to commence n pro•
Flammable llqu1ds .and flammable gases materials <other than one contatnfng ceedlng respecting the fssuo.nce of nn
may be loaded Into or tralu;ported in the explosives or a cargo tank contatn1ng order pursuant to section 103 or to com-
Game cargo space of a truck body or a 'flammable liquid or a fiammable gas) mence a proceedina to determlno
traUer contatn1ng an operating catalytic· ma.y be inside a closed buUdfng for re- whether to wue an or~er pursunnt to
heaterprovided- palrsormaintenanceprovided- ·section 152(b) of this Act." Section 103
<1> GuardS are lnstalled to prevent 'aJlll' (1) There 1s no 'flame-producing or ls the baste authority for tho tssunnco
cargo from being closer than 30.05 em. welding device In operation within the of motor -vehicle safety stando.rds. sec-
·<12 inches> to the hea~r; same encl_osed area of 'the buU~g;-and tion 152(b) 1s ~he provision, al::o cnnctcd
-FEDnAL REGISTER, VOL" 40, NO. 9~RIDAY.,..MAY 16, 1975
. .

<<<PAGE 8>>>

46106 RULES AND REGULATIONS
TiUe49,;_Trailsportatlon Tho Materials Transportation Bureau, O.R GAS IF FLAME IS VISIBLE ON' OATA·
which 1s now vested With the authority to LYST OR IN BEATER:•
TRACHNASPTPOERRT..~-:;:-
n • 10MNATBERUIRAEALSO tssue hazardouA materlals regulations, con- . (G) Beotel:' requirements under G 303.'17 ot
cludecl that assuring satety · in the use of .. thls title are compUcd with,
SUBCHAPTER ·c-HAZARDOUS MATERIALS catalytic cargo beaters tor transporting flam.: (U) EOectfve date Jpr combuaHon 11catcr
REGUlATIONS BOARD . mabie Uquid or. gas 1s properly approached·· requirements. Tho requirements ttndor piU'n•
[DocketNo.ImU10: Amdt.l'17-34J. by establlsbfng- a maxtmwn allowable tem· graph (1)(3) (1) or this section covorn ns
perature for beater surtacee of 130" P. (54" follo~
PART 177--sHIPMENTS MADE BY WAY· ·c.). n was tUrther concluded that the use (A) Usc of a beater monutnoturod otter
OF COMMON, CONTRACT,. OR PRIVATE. of a 13 inch henter guard, as tho uieans.of "November 14, 10'111, Js govomccl by ovory
CARRIERS, BY PUBUC HIGHWAY keeping beater surtace temperatures wtthln requiroment under (1) (ll) (1) ot this section:
. · the 'temperature standard, 1s not required. (B) Uso of n benter mantltncturocl botoro
Use of Catalyttc.Heate':l . In support of tliese conclusions, the evl· November 16, 1978, Is governed only by tho
The purpose ·of th1s amendment. to .. denceindlcated the following: requirements under (1)(2)(1) (A) 1 (0) 1 (D),
Part177 of the Razatdous Materials Reg-" · ·(1) 130• P. ~~· 0.) 1s tlle maxtmwn tem- (P') and (G) ot this £cotton. untll Octobor 1,
Ula.tions Is to permit the use of catalytic·· y:~~c,;t ,:~~hd~U: s::hZ::[ ~:~; . · 19
~~) a~~ or ony hontor ottor soptombor oo,
heaters in motor vehicle cargo compart-:· .non-reversable ttssue damage. see, ::ror ex- 1978, Js governed by ovory roqu1roment under
ments during the tr~portation of fiam• ample, tho oalspan ·corporation's study tor (1) (2) (l) or th1B £octton. ,
mabie llquid or :llammable gas. · ~e consumer Products Satety commission, (Ul) • Restrictions on automatlo carno•
On May 16, 1975, the Hazardous Ma- entitled, "Investigation of Safety standards space-l1eatfng temperature control aol!tcca,
terials Regulations Board published a. no• - for P'lame-flred Furnaces, Bot-Water Beaters. • Restrictions on thcsa dqvlcos h~vo two dl·
tice of proposed ruiemaking, Docket No.· · Clothes Dryers aud .Ranges.'~ mansions: restrtottons upon uso and rostrlc•
HM.:..Uo· Notice No. 75-5 <40 .FR.21485), (3) 130" P. c~· o.) permits a wide and tions which npply whon tho dovlco musb noll
hich ' d ........ dm t It comfortable safety factor before auto-lgnl- be used.
'IV propose ......., amen en • · tton occurs with properly packAged ,flam- · (A) Use restrfcttons. An nutomntto cnrco.
proposed: -· maj)le llquld and gas that 1s listed under opace-hentlng tompornturo control device
(1) To establlsh a maximum allowable · 49 CPR 172.5 as hazardous·materlnl. may be used when trnnsportlng flnmmublo
temperature of 130" F. (54" C.) for all (3) Two of the ·major manufacturers of 'llquld or .1lnmmnblo gliB only tf onob of tho
surfaces of the heater which might con- - commerclal catelytto heaters came forth to following requirements 1B mot-
tact the cargo of :flammable liquid or gas; Bssuro the Bureau that .heaters :may be (1) .Eleotrtcal nppnru.tusin tho carco com ..
(2) To require installation ot a gnard r~adlly. designed to operate wtthln tho 130" partmont 1s nonsparking or explosion proof,
onaheatertopreventthehazardousma- F. (54• O.) maximum, in an outside or am- (Z) There Is no combustion nppa.rntu.a In
• th blent temperature range beyond which there tho cargo compartment.
terial cargo .from being closer an 12 1s no :reasonabl111 expectation to-.tlnd a heater (3) There 1B no connection tor rot urn ot nlr
inches <30.05' em> to the heater, as a ·in operation. . 1l'om tho cnrgo compartment to tho com•
means of preventing exposure of the car- ( 4) It Js reasonable to expect that a heater . bustton apparatus.
go<~ ~~:~i~.~~;;:'tU<~i:n~~~ .before ·=C:U~!~:=~ w::v:ha0
oo0
~~~~e5.: <4> 'The heatma SyStem will not heat
the vehicle !&loaded· . . .. c.). . . ~ any part of the cargo to more than 1306
' (6) .Beaters with 13 inch·guarde, U the F. (54" C.).
(4) To prohibit :Oame, either in the cata- guarde were installed on some ot the beaters (5) Heater reqUirements under § 393.•
lyst Or ln any p~ Of the heater, and to· .currently available, COUld reach a surfac~ 77 Of this title are COmplfed VtJth,
require that notice to th1s e.lrect be marked temperature as high ancl as dangerous as . . (B) Protection against use ~IUnmR•
on the heo.ter; 284° P (140" 0) bl 11 uJ '
(5) To requtre the use ot a heater that has In c';,nslderatl~n of. the :foregoing 49 Ol"R e q d or fiammable gas may be tratls•
-r.oen cortined by the :manUfacturer that the l'17.834(l) 1s amended to read as foU~ws: .i>Orted by a vehicle, which 1s equipped
heater meets all the Department's require- . with an automatic cargo-space-hentillg'
mentil by proparl31.marklng ·the heater with·:·§ 177.834 -Gen,el'lll requirements. · temperature control device that docs not
tho certlftcatton~and · .. • · .. .o • ·• meet each requirement .of paragroph
(6) To ciarl.fy'the restrlctloiJ!I 011 the use. (1) use oJ cargo heaters 10hen transporting.: n> <2> (ill) <A> of thfs section, on1y 1! tho
of auto~atic cargo-space-heating tempera- . certain · h.11%11rdoru material. Transportation device 1s first rendered inoperable, ns
ture control equipment With explosives or lncludes loading, carrying, and unloading-. foUows--
llanlmable llquld and gas. • · • ·. · ( )
Interested persons were invited to give . (1) When transporting . ezploslvea. A 1 E!Jcll cargo heater fUel to.nl:, 1!
their views on these proposolS. Of the com· motor vehiCle equipped With a cargo heater other than LPG, must bo emptied or
ments received· no objectton was made to ·.of any type may transport e.'!ploslves only U removed.
the proposals ~ outlined ln items (3) (4) . tho. cargo heater 1B rendered inoperable by: <2> Each LPG fuel t"-'· f to tl ,
" . ,. • . .(1) Dmlnlng or removing the cargo heater ,....... or nu mn o
and (6) above. ReWording these proposalllin fuel tank• and (11) dlsconnectln,.. the heater'S tempernture control equipment rnus•
thls amendment c1arl1les, rather than • . · .. . . "
changes, substance. · -.power source. · have ita discharge valve closed and 1ts
There was one comment, a slgn1ftcant one, . (2) When transporting certain jfammobla fUel feed lfne disconnected.
regiU'dlng the manUfacturer's cert1ftcatton• materia£-(!) Use 01 combU3tf'"_' cargo
mnrking requirement.. As proposed, the word- . _'heater&. A motor vehicle equipped ~th ~ Effective date. This runendmcnt .Is ct.
tng was so slmDar to marking requirements · =u.:o:,.~~lebft~~d :O~..!:n:;:T: g~ . 'fective October 1, 1975.
under the F.ederall\lotor Car~er Safety Reg-. only 1t each of the following :requirements ('l'tan!lport:ntion of Explosives Act (10 u.e.c,
ulntlona that confusion, threatening a com- • · are mot- . - · . 831-835): Sec. 0 Department of Trnnsportn•
promlseofeatet)',was~ostered.Consequently, (A) Itlsacatalytlcheater. ·tlon Act·(49 u.s.o. 1065); 40 O'F.R l.G4(g)),
the certlflcatlon-marking langunge for cata- . (B) Tho heatar•a surface temperature can•
lytle heaters 1B changed. . not exceed 13. 0• P. (54• c.)--e.lther 011 11 Issued 1n Wnshlngton, D.C., on Octo-
All other comments addressed the proposed · thermostatically controlled heater or on IL ber 1, 1975. · .
maximum allowable temperature and guard heater Without thermostatic control w.hon · ' : JAUEST. CURTIS, Jr.,
requirements. · . tho· outside or ambient tempernture 1s oo• Director, Materials
Severnl commenters objected that the re- P. (158 q.) or less. . • · Transportation Btlrecm,
quirement to Install a heater guard was un- (C) Tho hejlter 1B _not Jgnltecl in n loadl!d ·IP'R Doo '1&-2G'I35 Fll""' 1o-a-76•8•46 om)
neceseary ln view of tho proposed mazlnlwn vehicle. • ~"' • •
.temperature standard and the high cost ·r~ (D)' There Is no tlame, either on .tho'
suiting from installation, retrofttt1ng, and catalyst or anjwhere in the heater. Title 50--Wifdllfo.
loss of revenue producing cargo space. (E) The manufacturer haa certifted that' ·CHAPTER J-FISH AND WILDLIFE SERV•
There was no etgn1fti:ant objection to ap- tho heater meets tho requirements under ICE DEPARTMENT OF THE INTERIOR
proachlng the problem ot assurtng safety 111 paragraph (I) (2) (i) ·of th1B section by per• '
the use of catalytic beaters by establlshlng manently marking the heater "MEETS PARr 32-HUNTING
a mnxlm.wn temperature tor heater wrfaces. DOT REQUIREMENTS FOB CATALYTIC
Nor was there any slgntftcant objection to HEATERS USED WITH FLAMMABLE
Sherburne National Wildlife Rofuge, Minn.
cstebllshlng 130" P. (54" 0.) as the standard. LIQUID AND GAS." . · '
Correction
Ono objection, based upon the pre.mlse that (P) Tho heater .1B also marked "DO NOT
B higher maxtm.wn was proper, was with• LOAD INTO OR USE IN CA.RGO COMPABT·
In FR Doc. 75-24121, nppelll'fna on Pntro
drawn after close examination. MBNTS .CONTAINING FLAMMABLE LIQUID
42198-9 of the Issue for Thursday, SI!P•
FEDERAL REGISTER, VOL 40, NO. 194-MONDAY, OCTOBER 6, 1975

<<<PAGE 9>>>

..
We deliver security.·
February 2, 2012
Mr. Charles Betts
Director (PHH-10)
Office of Hazmat Standards
Office of Hazmat Safety
Pipeline and Hazardous Materials
Safety Administration
1200 New Jersey Ave., S.E.
Washington, D.C. 20590-0001
Dear Mr. Betts,
Please clarify whether our temperature control trailers are exem'pt from the following
regulation under CFR 49 Title 177.834, specifically the requirement to drain the fuel tank
and disconnect the power ·source:
Regulation:
(1) When transporting Class 1 (explosive) materials. A motor vehicle equipped with a
cargo heater of any type m.ay transport Class 1 (explosive) materials only if the cargo
heater is rendered inoperable by: (i) Draining or removing the cargo heater fuel
tank; and (ii) disconnecting the heater's power source.
Background:
Some of our shippers, on occasion require the use of temperature control trailers when
transporting Class 1 items. Our temp-control trailers have the capacity to regulate for
heating or cooling. We have some shippers interpreting that "when" the trailers are not
requested as a temp-control loads, that we must drain the fuel from the unit and
disconnect the power source as stated in 177.834(1) use of cargo heaters when
transporting certain hazardous material
Most of the shippers "don't" require draining the fuel on these trailers and perhaps
interpret (as we do) the equipment as a temperature control unit and not a "cargo
heater", per 177.834(1)(2)(iii) restrictions on automatic cargo-space heating
temperature control devices. Per this section, a restriction on Class 1 would likely not
exist.
Our understanding of a previous DoT interpretation:
Based on a DoT interpretation from Mr. John A. Gale, Chief, Standards Development,
Office of Hazardous Materials on July 2007 (see enclosed), we would determine that our
temperature controlled trailers would not be constitute a "cargo heater''.
Boyle Transportation
15 Riverhurst Road, Billerica, Massachusetts 01821
Telephone 978.670.3400 Fax 978.671.0016
www. boyletransport.com

<<<PAGE 10>>>

Although our temperature controlled units are slightly different than in the previous
interpretation, they have many similarities and provide the same functions. We have
enclosed a photograph of one of our temperature controlled trailers, along with some
specifications from the manufacturer to summarize the capabilities:
• Diesel powered mechanical temperature controlled unit
• Installed on an insulated van body, mounted to the front of the trailer
• Condenser is installed on the exterior/evaporator installed on the inside
• System can maintain temperatures from -20 degrees to +85 degrees Fahrenheit
• Unit uses external diesel fuel tank attached to chassis of trailer
• Operator controls are on external, front-mounted unit.
Our fleet currently consists of Thermo King SB-210 and Thermo King SB-230 trailers. As
shown below, our trailers use temperature control systems and not cargo heaters- also
depicted.
'!: ........... ~ ......
!j ............ ~ ... ~ •
....... ~
~~~~-;r~· ~ A:w. '
;:;.:::~~~~
~~tfftk.~# ~·· .-.-....
If you need additional information, please contact me at your convenience. We thank
you and appreciate your assistance on this matter.
Enrique A. Araniz
Director of Operations
Central & Western Area
Boyle Transportation
978.670.3404 Direct
Operations Center 800.343.2004
rick.araniz@boyletransport.com
www.boyletransport.com
Boyle Transportation
15 Riverhurst Road, Billerica, Massachusetts 01821
Telephone 978.670.3400 Fax 978.671.0016
www. boyletransport.com

## Provenance

- Official: Yes
- Source: <https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120048.pdf>
- Source ID: `phmsa`
- SHA-256: `07d9f3f6e54dda79fc8771d8c1979b982470237e69d00458e87efefeda2216b9`
- Retrieved: 2026-08-20T00:59:31.977Z
- Exported: 2026-08-22T23:05:21.289Z
- Document slug: `phmsa-interpretation-12-0048`

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