Boyle Transportation — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave, SE Washington, D.C. 20590 DEC 2 1 2010 Mr. Steven P. Norbeck, CDS Safety Manager Boyle Transportation 15 Riverhurst Road Billerica, MA 01821 Ref. No.: 10-0208 Dear Mr. Norbeck: This responds to your September 21,2010 letter requesting clarification ofthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically you ask if § 177.848(g)(3)(vi) refers to a transport vehicle or a motor vehicle. Section 177.848(g)(3)(vi) was added in a final rule [64 FR 10742; Docket HM-215C] on March 5, 1999 entitled "Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions." While no explanation is provided in the final rule as to the intent ofthe term vehicle, the United Nations Recommendations on the Transport ofDangerous Goods (Sixteenth revised edition) Section 1.2.1 states that vehicle means "a road vehicle (including an articulated vehicle, Le., a tractor and semi-trailer combination), railroad car or railway wagon. Each trailer shall be considered as a separate vehicle." The definition of transport vehicle in § 171.8 includes the clarifying phrase " ...each cargo-carrying body (trailer, rail car, etc.) is a separate transport vehicle." Further, as you indicate in your letter, the term transport vehicle is used on three separate occasions in § 177.848(g) to distinguish the type ofvehicle in which explosives must be segregated or must not be coloaded. For these reasons, we are of the opinion that the term vehicle, as used in § 177.848(g)(3)(vi), means transport vehicle. We intend to clarify this distinction in a future rulemaking. I trust this satisfies your inquiry. Please contact us ifwe can be of further assistance. Sincerely, 8~5~ Ben Supko Acting Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2September 21, 2010 We deliver security.~ W,'v1-reY <§ '77 ~ 'i 4~ 0) 5ecJr--€3 atl 0 Yl 10-O~ 03 USDOT PHMSA Office of Hazardous Material Standards Attn: PHH-I0 East Building 1200 New Jersey Avenue, SE Washington, DC 20590-0001 Dear Office of Hazardous Material Standards, 49CFR 177.848(g), instructions for using the compatibility table, refers to explosives carried on the same transport vehicle on three separate occasions. However, in 177.848(g)(3)(vi), when mentioning explosives in compatibility group G, the word vehicle is used by itself. Does the word vehicle refer to a transport vehicle as found elsewhere in the text of 177.848(g), or does it refer to a motor vehicle? Sincerely, ~p~ Steven P. Norbeck CDS Safety Manager Boyle Transportation 15 Riverhurst Road Billerica, MA 01821 978-670-3429 steven.norbeck@boyletransport.com Boyle Transportation 15 RiverhuTst Road, Billerica, Massachusetts 01821 Telephone 978.670.3400 Fax 978.671.0016 www.boyletransport.com#