{"operation":"document","citation":"03-0181","title":"R and J Trucking — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-09-04","effective_on":null,"summary":"03-0181 response to R and J Trucking concerning 172.102.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0181.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0181.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0181","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030181.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nSEP 1w: 4 2003\n400 Seventh St., S.W.\nResearch and\nWashington, D.C. 2059C\nAdministration\nSpeciai Programs\nMr. Daniel J. Fire\nRef. No. 03-0181\nDirector of Safety\nAmerican Bulk Commoditics, Inc. and Subsidiaries\nRand J Trucking\n8063 Southern Blyd\nYoungstown, OH 44513\nDear Mr. Fire:\nThis responds to your July 10, 2003 letter requesting clarification on the use of Special Provision B115\nunder § 172.102 under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nSpecifically, you request clarification of this special provision when transporting \"Aluminum smelting by-\nproducts or Aluminum remelting by-products, 4.3, UN 3170, PG II\" in a dump trailer motor vehicle\ncovered by a roll tarp.\nAccording to your letter, your driver was transporting the Aluminum remelting by-products in a dump\ntrailer covered with a vinyl roll tarp. The driver received a citation from the Ohio State Highway Patrol\nfor using a tarp that did not allow for venting as required under Special Provision B115. It is your\nunderstanding that the tarp used on your trailer does keep water out, and, also provides for venting\nwhere the tarp sets on the sides and rear of the trailer.\nSpecial Provision B115 authorizes the use of rail cars, highway trailers, roll-on/roll-off bins or other\nnon-specification bulk packagings for transporting these aluminum by-products. Special Provision\nB115 also requires that these bulk packagings be sift-proof, prevent liquid water from reaching the\nhazardous material, and be provided with sufficient venting to preclude dangerous accumulation of\nflammable, corrosive, or toxic gaseous emissions such as methane, hydrogen, and ammonia. In\naddition, the material must be loaded dry. Based on the information and drawing of the dump trailer\nwith tarp provided in your letter, it is the opinion of this Office that your dump trailer covered with a\nvinyl roll tarp does meet all the requirements of Special Provision B115, including venting.\nI hope this answers your inquiry.\nSincerely,\nThan Ondy\nSusan Gorsky\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials Standards\n030181\n172,102\n\n<<<PAGE 2>>>\n\nR&) TRUCKING, INC.\nAmerican Bulk\nJOHN BROWN TRUCKING, INC.\nCommodities, Inc.\nSOUTHERN HAULERS, LLC\nCorporate Office\nand Subsidiaries\n8063 Southern Bivd. • Boardman, Ohio 44512\nPhone (330) 758-0841 • Fax (330) 758-8170\nJuly 10, 2003\nDirector of Office of Hazardous Material Standard\nEdward Mazzullo\nSpecial Provisions\nUSDOT/RSPA (EHM-10)\n400 7* Street SW\n03 - 0181\nWashington, DC 20590\nDear Mr. Mazzullo;\nI am writing to you in regards to an interpretation of 172.102 (B115). We transport\n\"Aluminum Processing By-Product\", UN3170, PGII, 4.3 (\"saltcake\"), in aluminum dump\ntrailers covered by vinyl roll tarps. One of our drivers was stopped by the Ohio State\nfor venting as required by the above referenced special provision. I spoke with Mike Hines\nHighway Patrol and put out of service because the Trooper stated that the tarp did not allow\nof the PUCO and was told that only a tarp is required to keep water out, but that I would\nneed to get an interpretation from your office. Our roll tarps do indeed keep the water out of\nthe load and also allow for venting where the tarp sets on the sides and rear of the trailer. If\nyou will look to the bottom of this page, I have circled a picture of one of our dump trailers\nwith this type of roll tarp. I am requesting something in writing that I can provide to my\ndrivers to carry in the truck, if indeed we are correct, so we may continue to haul this\nmaterial without being placed out of service.\nI would like to thank you in advance for any help you can give me on this matter. If\nyou have any questions, please feel free to contact me at 800-262-9365.\nYours truly,\nDaniel J. Fire\nDirector of Safety","truncated":false,"body_characters":3836}