{"operation":"document","citation":"02-0106","title":"Baker Hughes — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2002-05-17","effective_on":null,"summary":"02-0106 response to Baker Hughes concerning 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0106.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0106.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0106","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020106.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n400 Seventh St., S.W.\nWashington, D.C. 20590\nResearch and\nAdmint railors\nMAY 17 2002\nMs. Shelley Espinoza\nRef. No. 02-0106\nSr. HSE Advisor\nBaker Hughes\n2001 Rankin Road\nHouston, Texas 77073\nDear Ms. Espinoza,\nThis is in response to your letter dated April 2, 2002, requesting clarification of a transport vehicle and an\noverpack under the Hazardous Materials Regulations (HMR; 49 CFR Parts 100-185) as applied to a\nparticular enclosure. Specifically, you state that the enclosure is a box that is welded, bolted or otherwise\npermanently or semi-permanently attached to the bed of an open bed vehicle and is not part of the original\nvehicle construction. The box is used to protect and consolidate hazardous material packages from one\nconsignor. You also convey your understanding that the box would be considered an overpack if it is less\nthan 64 cubic feet.\nAs defined in § 171.8, a transport vehicle is a cargo-carrying vehicle such as an automobile, tractor,\ntruck, etc. used for the transportation of cargo by any mode. An overpack is an enclosure used by a\nsingle consignor to provide protection or convenience in the handling of a package or to consolidate\ntwo or more packages. An overpack does not include a transport vehicle. An example of an ovepack\nis one or more packages placed in a protective outer packaging such as a box or crate. An overpack\nmust meet the definition in § 171.8 and is not determined by its cubic feet limitation. A reference to a\nlimitation of 64 cubic feet is found in § 171.8 under the definition of a freight container. However, it\ndoes not apply to a transport vehicle or an overpack.\nIt is our opinion that the described enclosure mounted on the vehicle is a modification to the transport\nvehicle. It is now a permanent or semi-permanent attachment of the vehicle. The vehicle and the\naffixed enclosure is considered a transport vehicle.\nI hope this information is helpful. If we can be of further assistance, do not hesitate to contact us.\nSincerely,\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n171.8\n020106\n\n<<<PAGE 2>>>\n\n- Foster\n$ 171.8\nDefinitions\nBAUCHES\n02 - 8106\nBak Rankin Road\nHouston, Texas 77073\nTel (713) 625-4603\nFax (713) 625-6520\nShelley Espinoza\nSr. HSE Advisor\nApril 2, 2002\nMr. Delmer Billings\nChief, Standards Development\nResearch and Special Programs Administration\nOffice of Hazardous Materials Standards\n400 Seventh Street, S.W.\nU.S. Department of Transportation\nWashington, DC 20590-0001\nDear Mr. Billings:\nor is an overpack, as defined in 49 CFR 171.8, is greatly appreciated.\nClarification by your office as to whether the following type of enclosure is considered part of a transport vehicle\nEnclosure: A box that is welded, bolted or otherwise permanently or semi-permanently altached to the bed of\nconsolidate hazardous materials packages from one consignor; a private or contract carrier operates the\nan open bed vehicle. The box is not part of the original construction of the vehicle. It is used to protect and\nattached to the vehicle, other than being secured to prevent movement during transport.\nIt is understood that the box would be considered an overpack if it is less than 64 c.f. in volume and is not\nThanking you in advance for help with this issue,\nKelley Experion\nSr. HSE Advisor\nShelley Espinoz:","truncated":false,"body_characters":3370}