{"operation":"document","citation":"12-0048","title":"Boyle Transportation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-06-21","effective_on":null,"summary":"12-0048 response to Boyle Transportation concerning 177.834.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0048.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0048.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0048","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120048.pdf","body":"<<>>\n\nU.S. Department\n0t Transportation\n?ipeline and Hazardous\n11aterials Safety\nAdministration\n' :r;o New ,Jersev Avenue. 3C:\n\"iShinqton. u C . . \"0500\nJ.UN. 2l201~\nMr. Enrique A. Araniz\nBoyle Transportation\n15 Riverhurst Road\nBillerica, MA 01821\nRef. No. 12-0048\nDear Mr. Araniz:\nThis responds to your February 2, 2012 letter requesting clarification of applicability of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In your letter, you\nindicate that it is your understanding that the temperature control units installed on your\ncompany's trailers are not cargo heaters. Specifically, you request clarification whether\nyour company's temperature control units are excepted from the requirements of\n~ 177.834(1 )( 1) when the trailers are used to transport Class 1 (explosive) material.\nThe answer is no. A motor vehicle equipped with a cargo heater of any type that is used for\nthe transportation of Class 1 (explosive) material is subject to the conditions of\n~ 177.834(1)( 1 ). The temperature control unit on the trailer must be rendered inoperable by:\nI) draining or removing the temperature control unit fuel tank; and 2) disconnecting the\n. ' .\numt s power source.\nThis interpretation is offered based on language from rulemakings under Docket No. HM-\nllO (copies enclosed). The rulemakings proposed that an explosive may not be loaded into\nthe truck body or a trailer equipped with operable automatic temperature control equipment\nand that all automatic heating and refrigeration machinery must be rendered inoperative by\ndisconnection of controls and power sources. This proposed language was subsequently\nrevised to the current tormat in the HMR (\"a cargo heater of any type\"). The purpose of the\nrevision was to clarify the requirements rather than to make a substantive change.\nTherefore, we conclude that a cargo heater as used in§ 177.834(1)(1) includes a temperature\ncontrol unit. We apologize for any confusion and note that Letter of Interpretation Ref. No.\n06-0265 will be retracted.\nl hope this information is helpful. If you have further questions, please contact this office.\nSincerely,\nRobert Benedict\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\n[14C~Part7:J.l\n(~Docket No..'13-=cE-10)\nTRANSmON AREA\n• ' Proposed Designation\n\"The Federal A-viation -Administration\n. .is consideling amending Part 71 of the\nFederalAviatlon J:egU]a.tions so as to des-\n, '!gnate a. transition area at Chlll1cothe,\nMissouri. .\nInterested persons may participate in\nthe proposed rule maldng by submitting\nsuch -written data. views, or arguments\nas they lll&Y. desire. Communications\nshould be submitted in triplicate to the\nDirector, Central Region, Attention:\nChief, Air 'l'raflic Divfsion, Federal Avia.-\ntion Admin1strat1on, Federal Bulldlng,\n601 East 12th Street, Rimsas City, Mo.\n64106. All communications received on\nor before September 28, 19'13\"'1'/ill be con-\nsidered before 11.et1on is taken on the pro-\nposed amendment. No public hesr!ng :is\ncontemplated at tbls tlme, but arrange-\nments for Informal conferenees With\nFederal Aviation Adulinfstratfon omcials\nlll&Y be made by contacting the Re-\ngional Air Trafllc Division Chlef.\n.Any -data. Y.fews, or arguments pre-\n-sented dUring such conferences must also\nbe submitted m \"1'/litlng m accordance\nwith this notice m , the follow:lng\ntransition area is added:\nCB:lLUCoT:B:I!:, M!ssoUlll\nThat a.uspace extencUDg upwards trom 700'\n~ the ~ 'Withm a 5-mUe i'adlua of\nthe ChUllcothti :Munlclpal .Mzport (latttude\n39\"46'45\" N., lODgl.tude 93\"30'00\" W.}: ancl\n'W1tbUI. 3 mUes either side-of the 33'l\" beRing\ntro:oa the :MEW !aclllty e:Rendlng tro:oa the\ns-mne radius to 8.5 mlles northwest. aDd\ntb&$. a.fmpace extencUDg upwanis trom 1.200\"\nabove the surface 5 mnes southwest; and. 9.5\nmUes northeast of the 33'l\" be&nng from tlle\nCh1Illcothe 1dllW faclllty extending trom 6.5\nmnessoutheast to 18.5 mUesnorthwest of the\nCh1llleothe :MRW faclllty, excludlngtlu!.t por-\ntton which overlies the Trenton, :MlsSo1u1.\ntransitiOD. -area.·\n(Sec.307(a} FederalAviatfon Act of 1958 (49\nu.s.a. 1348): sec. &(c). Deputme:nt of 'l'l'lms-\nportatton .Act (<19 u.s.a. 1655 (c)})\nPROPOSED RULES\n22901\nIssued In Ks.nsn.s city, 'Missouri, on\nAUBUSt; 10, 1973.\nd1schD.rgmg nta rate hish enough to acti-\nvate the excess flow valve. 'rhe fire was\nJoHN M. cnoc:s::r,\nDirector. Central Region.\n(;FR. Doo.'I'3-1802U'Uec18-24.-'13;8:4S 11m]\ndirected to nnother cargo tank that even-\ntunlb' exploded. As a result o! the fire\nand exp1031on, one person \"WaS k:Dled and\nover $200,000 In property damage oc-\ncurrecL There, Js little doubt that if an\nHazardous Materials RegulaUons Bollrd\nlntemnl valve, as specified in section\n1'18.337-ll(c) had been. installed on the\n[ 49 CFR Paris 173, 177]\ncargo tank, the :flow of propane could\n(Docket No. m.t-110: l:otlco llo. '1'3-6]\nhavo been shuto[[ by manual means. 1!\nHANDUNG OF HAZARDOUS MATERIALS\nnot automati~ by the melting o! the\nON MOTOR VEHICLES\nfusible element.\nIn order not to Jmpose an undue burden\nMrscelfaneous Amendments on t:mk o'I'1Ders, the Board fs proposing\nThe Hazardous ~lateriDls BesuJnt1ons that tbe emergenCJ\" disCharge controls ·\nBoard Js considering omendment of scv- :ma.y be installed when the cargo tanks\nera1 sections of the De}l3rtment's Hnz- nre scheduled for the 5-year retest\nardous Materlnls regulations. comment- required 1n § 1 '13.33.\nera need onl,y 1dentu,- the p:utfcuJnr In consideration of the foregoing, it\nproposal on which the,-'Wish to comment 1s proposed to amend 49 CPR Part 1'13\n-when respondlDg. The proposals covered n.s follows:\nin this document are: In §l'l3.33, p:u-ar:ra.Ph ID v:ould be\nA. Emergency d1sc:11nrt;e controls on added n.sfoUows:\nMC 330 cargo tanks. . § 173.33 Cargo tAnk use nuthoriutio!L\nB. cargo tank certlftcate retention. • •\nc. lbdrostntic and pneumatic testiog • · • •\n\"of cargo tanka. 0> MC 330 cargo taJlks used' for ilam-\nD. ca.rso heaters with explosives and mabie comJ;Jt1!SSecl gas or anbydro11S am-\n1lammable commodities. ' monla. must be equipped with an emer-\nE. Attendance of tnnk vehJcl1!3 during cency dlscb4rge control that conforms\n'loading and unloadlllg. to the reqtdrements of § 1 '18.33'7-11 (c) of\nP. Openinp on cnrgo tank to be closed tliJs subcllapter at each liquid or vapor\nduring transportation. dJsc1larse opening. The control must be\nG. RepaSrs and mnlntenance to vehl· !nstalled not later than the date the tests\ncles in closed saroBes. ~rescrlbed by paragraph o! this see-\nR; Wamlng devices on vehicles con- tlon lltBrequlred..\ntaiDJilg hazardous materJDJs. '\nPnOPOSA£ B\n' Pl!OPOSAL A\nCAilGO l\".UIE CDDFICAn: :u:mm:IOlf\nEIIIERGENCY DJSCJiABCE COmltOI.S Oll KC 330\nCARGO ~.u;xs\nThe Hazardous Mateials Regulations\nBoard fs consfderb:lg an amendment to\nThe :a:azardous MaterJals Regulations\ncJnr1lJ' the requirement for retention o!\n.Board 1s considering amendment o!\nthe manufacturer's c:ertf:flcate for specifi.-\n§ 1 '13.33 o! the Department's Bn:l.ardous\ncntton cargo tanks. ·\nMaterJals regulations to require that lll1\nThe Bo3rd has found that many motor\nSpecl.tlcatlon MC 330 cargo tmlks used\ncarr:lers are nat aware of a requirement\nfor the tmnsporta.tfon of f!amma})Je com-\nthat the manufacturer's certi1icate :for\npressed gases and anb1drous ammon!&\na speclflcatlon can;o tank must be re-\n.be equipped with emeiBency d1sc1mrge\ntnined by the motor carrier !or as long\ncontrols as 1s now %eQU1red on Speclilca-\nn.s the tank fs In service and for 1 :vear\ntlon MC 331 cargo tanks. At the t1me\nthereafter. The confusion :may be ca~\nSpecl.tlcation MC 331 cargo tank specl-\nby the fact that the cetWicate-retention\nficatton was adopted, the Interstate Com-\nrequirement.-; are presently contained in\nmerce CommJssion decided not to require\nthe cargo t:mk: speclfications in Part 1 '18.\nan updating of the standards for Speci-\nPd man:y of the speclflcatfons no longer\n1lcatlonMC 330 cargo tanks.\nappear in the publJ.shed codUicatlon of\nThe Board believes tluLt it Js now nee-.\nthe regulatfODS', although the tanks may\nessanr to require that these t:uJks con-\nbe continued 1n use. The Board believes\nform. to the same emezgency discharge\nthnt n general retention provision fs\ncontrol standards as are %eQU1red for Me\nneeded In Part 1 '17 to resolve thfs. prob-\n· 331 cargo tanks to assure the some degree\nlem. In addiUOD, the. Board. Js proposing\nof safety. A recent accldent involving an\nto require earners to retain all retest and\nMC 330 il8oTilO tank hils demoustrnted the\nfns]:Jeetfon reports m the same 1ile with\nneed to require that these tanks be retro-\nthe mnnufactmer's certfftcate.\nfitted with remote controlled internal\nIn cons:lderation of the foregoing-. it is\nshutoff valves. In this accldent, the pro-\nproposed to amend 49 CFR Part 177 a.o;\nfollows:\npane from an MC 330 ca.rgo tmlk pro-\nw In Part 1'1'1 Table o! contents.\nvided fuel to a 1ire wblch resulted from\n§ 1'1'1.814 would be added to read a.<~\nthe acc!dento.l rupture of B manUoldecl\nfollows:\nstorage tank intake line into whfch the\nSec.\ncargo tank was unlD:Id.lng. The escnplng\n1'17.814 Betcntfcm of ~a\npropane from the cargo tank wn.s not\nCl!rt111C3to\nfEDERAL REGISTER, VOL 38, NO. 165-MONDAY, AUGUST 27, 1973\nNo. 165-:Pt. I---4\n\n<<>>\n\n22902 PROPOSED ROLES\nCB> Section 177.814 would be added to\nIn consideration of the foregoing, it § 177.834 Ccncrnlrequlromcnl!lo\nread as follows:\nis proposed to amend 49 CFR. Part 1'l7 • • • • •\n• _ _, as follows:\n§ 177.814 Retention of mnnnfactur...-a In § 177_ 824. subparagraph (d) (l!) (1) Use of cargo heaters wltl& e%PlO•\ncertificate. would be revised to read as follows: sives and Jlammabl6 commodltles.-<1>\n
  • Each motor ca.rrl.er who uses a. Flammable lfrzufd:r and jlammablo\ncargo tank vehicle shall have in his :fileS § 177.824 Retesting and inspection ol gases.- Except as provided fn ~ph\na certificate signed by a. responsible of- eorr;o tanks. · (1) (2) of this section. a flrunm.:Bblo llquld\nficial of the manufacturer or fabricator • • • • • or a. flammable gus must not bo loaded\nof the cargo tank, or a competent testing • • • into a truck bods' or a tmUer contaln.lng\nagency, certifying that the cargo tank <2> For hydrostatic testing, the tank a combustion heater or equipped with\nhas been designed. constructed, and (Including its domes, if any) must be operable automatic temperature control\ntested In accordance with, and complles completely filled with water or a llquid equipment. For purposes of this seotton,\nwith, the requirements conta.lned·in the having a viscosity simlls.r to water and acatalytichea.terisacombustionheb.tor.\nspec11lcation for the tank set forth in this the pressure must be gaged at the top Fuel tanks for automa.tio temperature\nsubchapter. The certificate and any other of the tank. Pressure must be applled control equipment must be empty or ro·\ndata furnished as required by the specl- in accordance with the following chart moved from the vehicle, except thnb\nfication must be retained at the principal and increased for pneumatic testing by llquefled petroleum gas :t:uel tnnks ox•\nomce of the carrier during the time that a pressure equivalent to the static head. terlor to the vehicle bodY may have their\nthe catio tank is used by the ca.rrler and in the tank when fully loaded with the valves closed md dlsconneoted from tho\nfor 1 year thereafter. However, the motor heaviest lading authorized to be trans- :t:uel feed llnes instead of belnu emptied\ncarrier may himself perform the tests ported or water, whichever is heavlpr. or removed.\nand inspeotlons to determine whether the The tank must hold the prescribed (2) E:reepttcm /or certain autonr.atla\ntank meets the requirements of the pressure for at least 10 minutes. All tank · temperature control equlpment.-A\nspecification. U the motor carrier does valves, piping, and other accessories in flammable llquld or a flammable eas may\nso and determines that the tank con- communication with the lading must be be transported in a vehicle equipped with\nforms to the spec11lcation, he may use pressure tested and proved tight at the automatic temperature control equip•\nthe tank if he retains the test da.ta. in tank design pressure. During the pneu- ment, if (1) the lading space is equipped\nplace of a certificate in his files at his matte -test the entire surface of all joints with no electrical apparatus or eleotrlco.l\nprincipal ofllce for as long as he uses under pressure must be coated with a apparatus of the nonsparklng or oxplo·\nthe tank and 1 year thereafter. Each solution of soap and water, heav:y oU, slon-proof type, no combustion np•\nmotor carrier who uses a speclflcation or other materials suitable for the pur- paratus is in the lading spllCe; and (W)\ncargo tank whlch he does not own and . pose of foaming or bubbling to indicate there is no connection for return of air\nhas not tested or inspected shall obtain the presence of leaks. other methods from the lading space to any combustion\na copy of the cerWlcate and retain it equa.lly sensitive for detemUnJng leaks apparatus. The heating system must pro•\nIn his files at his prlncipal ofllce during ma.y be used. vent heating of any part of the lading to\nthe ttme he uses' the tank and for 1 year • • • • • a temperature of more than 13o•F. and\nthereafter. must conform to the requirem&nts of\n(b) Upon a written request to, and PROPOSAL D § 393.7'7, of this title.\nwith the approval of, the Director, Re- CARGO ~TEas WITH EXPLOSIVES AND (3) E:cplosfves.-An explosive must\ngional Motor Carrier Safety Office, for n..u.u.tABLE co:M:a.toDrm:s not be loaded into a truck body or tra.Uor\nthe region in which a motor carrier has which contains a combustion heater or\nhis principal place of business, a motor The Hazardous Materlals Regulations is equipped with operable automp.tlo tom•\ncarrier may retain the certiftcate and Board Is considering amendment of perature control equipment. For the pur·\nother data specltled in paragraph (a.) of § 177.834 of the Department's Hazard• llOSe5 of thls paragraph, catalytto heat-\nthis section a.t a. regional or terminal ous Materials regulations, to clarify the ers are combustion heaters. All ruel tanlrs\nomce. The address and jurisdictions of prohibition against the use of certain for a. heater or automatic tempera.turo\nthe Directors of Regional Motor Carrier. heaters in a transport; vehicle which is control equipment with which a truck\nSafety omces are shown in § 390.40 of · loaded with explosives or flammable body or trailer Js equipped musb bo\nChapter m of this title. commodities. drained. All automa.tto heating or\nCc> Withdrawal o/ certi/lcafion.-See · There has been much con:t:uslon con- refrigeration machinel'Y mus~ be rcn-\n§ 1'17.824(1>. cemlng the use of catalytic cargo heaters dered Inoperative by disconnection of tho\n(d) A copy of retest and inspection re- in vehicles transporting flammable automatic controls and sources of power\nports required by §§ 1'13.33 and 1'17.824 llqulds and flammable gases. The Fed· for its operation.\nand all records of repairs to each cargo. eral Highway Administration has taken\ntank must be retained in the same file the position that, for the purposes of In § 177.835, pamgraph (o) (1)\nwith the manufacturer's certificate for these regulations, a catalytic heater is would be deleted as follovm:\nthat tank as specified in paragraph (a) a combustion heater. This proposal would § 177.835 Explosives.\nof this section. speclficall:y state that catalytic heaters\nPROPOSAL C are considered as such, and not permit-\n• • • • •\nted in vehi,cles transporting flammable\n • • •\nHYDROSTAric AND PNEUMATIC n:srma oP materials. However, commenters are in·\nm [deleted].\ncARGO TANKS vited to submit test data and other evi-\n• • • • •\nThe Hazardous Ms.teriala Regulations dence in support; of the use of catalytic\nPROPOSAL E\nBoard is considering amendment of heaters as a safe means of heating the\n§ 1'17.824 of the Department's Hazard- cargo spaces of motor vehicles.\nATTENDANCE OF TANK liiOTOR VEJUOLEll\nous Materials Regulations to clarify the The Board also feels that the precau-\nDURING LOADING AND ll'NLOADINO OPCIIA•\nhYdrostatio and pneumatic testing pro- tions against the loading of explosives\n'liONS\ncedures for cargo tanks. into transport vehicles containing a\nThe Hazardous Materials Reeutatlons\nPresent requirements specify hydro- heater should be the same as that per·\nBoard is considering amendment of\nstatio or pneumatic testing of cargo talning to flammables, and that the spe-\n§ 177.834 to clo.rify the meaning of \"nt.\ntanks under certain conditions. But the clfic provision should be Included under\ntendance\" as it perl;a.lns to a tank motor\nprocedures for pneumatlo testing are not general requirements.\nvehicle being loaded or unloaded.\ncontained in the regulations. Thereto- In_consideration of the foregoing, it is\nThe Board has found that several dan-\n.... · proposed to amend. 49 CFR Part; 1'l7 as\nthe. Board is proposing that these pro- followsf .\ngerous incidents h:ave occurred during'\nthe loading or unloading of tank: motor\ncedures be incorporated into the . (A) In § 177.834, paragraph (1) would\nvehicles which could h&ve been o.voided,\nregulations. 1 be amended to read as follows:\nif there had been someone near tho cn.ruo\nFEDERAL REGISTER, VOL 38, NO. 165-MONDAY, AUGUST 27, 1973\n\n<<>>\n\nPROPOSED RULES\ntank to take corrective or preca.utionanr\n§ 177.839 Corrosh·c liquicJ.,.\naction. The Board feels that there ma.y\nbe some confusion as to the intent of\n• • • \" •\n(d) Cargo Tanks.-A person shllU not\nthe term \"attendance\" as it is used fn\ndrive a tank motor vehicle and u. motor\n§ 177.834CD.\ncarrier shnll not require or permit a\nIn coDSiden.tion of the foregoing, it is\nperson to drive a tank motor vehicle\nproposed to amend 49 CFR Part 177 as\n. follows: -\ncontai.Dlng a corrosive lJquid UDless-\nIn § 177.834, paragraph <1> would be\nCI> All mnnhole closures on the em-co\nrevised as follows:\ntank are closed and secured; Bnd\n<2> All VDlves nnd other closures on\n·§ 177.834 General~rentenl5:\nJlquid discharge openings nrc closed nnd\n• * • • •\nfree of leaks.\nCi> Tank motor vehicles must be at-\ncc> In § 177.841, pnrngrnph td) would\ntendeci during loading ana unloading.-\nbe added to rend as loUows:\nEach tank motor vehicle must be at-\ntended at all times by its driver or a\n-§ 1'17 .841 Pobons.\nq~ed representative of the motor car-\n• • • • •\nrier that opers.f;es it during the loading (d) p is i\nor unloading .of the tank motor vehicle. o ons n cargo tanks.-A per-\n- For the purposes of this subsection- . son sbnll not drive n. tank motor vchJcle\n<1> A tank motor vehicle Is attended and a motor carrier Ghnll not require or\nwhen the person in charge of the vehicle permit a person to drive n. tank motor\n1s awa.k~ and not in a sleeper berth, and vehicle contalnlng poisons unless-\nis within 25 feet of the tank motor <1> All mn.nhole closures on the cnrco\n- vehicle and has it within his unob- · tank are closed and secured; nnd\nstructed :field of view; C2) All vaives and other closures on\n. (2) A \"qualified representative\" of a Uquid discharge openings are closed and\nmotor carrier Is a person who has been \"free of leaks.\ndesignated by the carrier to attend the vehicle, is aware of the D.ature of the\nhazardolis m~terial contained in the tank\nmotor vehicle he attends, has been in-\nstructed on the procedures he must fol-\nlow in emergencies, is authorized to move\nthe vehicle, and has the means to do\nso· and\n(3> The delivery hose, when attached\nto the tank motor·vehlcle, is a part of the\nvehicle. -\n.• - • , ..\n·-\nPROPOSAL F\n. OPENINGS ON CARGO TANXS TO BE CLOSED\nDUIUNG \"rRANSPOB'rAnON\nThe Hazardous Materials Regulations\n- - Board is considering amendment of\n§ 177.839 by· adding a requirement that\ninternal valves and manholes be in a\nclosed and secured position during trans-\nportation. A similar provision was added\nduring recent rule making pertaining to\nthe traDsportation of compressed gases,\nand the Board now proposes tO add\n_ similar requirements for the transporta-\ntion of 11amms.ble Jlquids, poisons and\ncorrosive materials in cargo tanks. In\nconsideration of the foregoing, it is pro-\nposed to amend 49 CFR. Part 1 '17 as\nfollows:\nCA> In§ 17'1.837, p;u-agraph (e) would\n.. be added to read as follows:\n§ 17~.837 FlammaLie liquids.\n• • • • ..\n• (e) Manhole3 and valves . closetl.-A\nperson shall notrdrive a tank motor vehi-\ncle and a-motor carrier shall not require\nor permit a person to drive a tank motor\nvehicle containing a. :flammable Jlquid\nunless-\n. All valves and other closures on\nllquid discharge openingS are closed and\nfree of\" leaks.\n(B) In § 1~7.839, paragraph (d)\n, would be added to read as follows:\nPnoPOSAL G\nI!EPADIS AND :I.IAJN'rE!l.v:cE ':tO uo:ron\nVEBICLES CONTAINING HAZARDOUS UATERIALS\nThe Hnznrdous MD.terJnls ReguJntions\nBoard Is considering amendment of\n§ 1'17.854 of the Department's Hnznrdous\nl\\fa.terJals Rei!'Ulatlons to u.uthorfze re-\npairs to a motor vehicle containing hn.z-\nardous materinls in n. clo!ed cnrace.\nTllis proposal Is based, in part, on n.\npetition from Consolldnted Frefghtways\nCorp. of Delaware. Petitioner states that\n\"• • • minor repairs ns o.djustment of\nbrakes, changing of tires, replncJ.ng\n·burned out lamps, etc., would necessarilY\nhave to be IDilde fn the open or under\na shed-type building • • • this rule\ncauses undue ho.rdshfp on our, or ll1U'\nmotor carrier's operu.tlon, especlnlly dur-\ning the· hours of darkness and lllso In-\nclement weather.\nThe Board has concluded that the peti-\ntioner's x:equest may- have merit. A cm--\nrier faced with tho problblHon in\n§ 1'17.854Cg)\" might well choose to deia.y\nmaking necessary, though per hops minor,\nrepairs until llfter the \\\"ehlcle hns\nreached its destination nnd bllS been\nemptied. By doing so, a greater hazard\nmay exJst thnn the potenHnl hllznrd\nposed by the ll1llk1ng of repairs in a\ngarage, especlaUy since JD1lDY repairs do\nnot involve llll3' po.rt1c:ulnr risk of ex-\nPlosion or :fire.\nHowever, the Board bcUeves tho.t the\nprohibition should be removed only U\nadequate sllfecunrds ncuJnst CJ.'Ploslon\nare maintained. The Sllfegunrds proposed\ninclude protecting the vehicle from open\nflames or welding. devices in use, andre-\nquiring every vehicle to have a means of\nmotive power while it is fn the cnrnce.\nIn consideration of the foregoing, it\nIs proposed to amend 49 em· Part 17'1\nas follows: ·\nIn § 177.854, pnrncruph Cc> would bo\nrevised to read as follows:\n22003\n§ 177.8~ Dlsllhled vehicles and :broken\nor ll!llking pncbgcs; rep:Urs.\n• • • • •\n(g) ReJJalrs anll maf11tenance to ~ehlclea.- The vehicle must have an operable\nmC3DS or motive power or must be con-\nnected to nn operable truck or truck\ntro.ctor to fo.c1lltate its quick removal\nfrom the building.\n• • • • •\nPnOPOSM. H\nWMUI:U:a IJZVICES liOR 5r0Pl'ED VEHICLES\nThe Hazardous Mo.terials RegUiatfons\nBoard is considering editorial changes to\n§§ 177.854, 1'17.856, and 177.859 t~ re:flect\nrecent chnnges to the Motor Carrier\nSatety regulations C49 CF.R Parts 390-\n397) pertalning to warning devices for\nstopped vehicles.\nIn 1:onsfderu.tion of the foregoing, it is\nproposed to amend 49 CFR Part 177 as\nfollows:\nW In § 177.854. the .last sentence in\np.lragraph (a) and the entire subpara-\ngraph CD Cl> would be amended to read\nnsfoUows: ·\n§ 177.054- Dlsllhled ,-chicles and broken\nor Jenkin~: packuges; re~.\n(a) • • • Sections 392.22_ 392.24. and\n392.25 of this tiUe for signals required to\nbe displayed on the high~.\n• • • • •\n(!) •••\n(1) For motor vehicles other fh:JD\ncargo t:mk motor veblcles used for the\ntro.nsportatlon of :flnmmable Jlquids .or\n1lllmmable compressed gases and not\ntransporting e.\"q]Iosives. Class A. or\nClass B, :flare~ (pot torche:~), fusees. red\nelectric lnntems, red emergency re:flec- -\ntors, red emergency reflective triangles,.\nor red :flags must be set out in the man-\nner prescribed by §§ 392.22, 392.24. and\n392.25 of. this title.\n• • • • •\n(B) In§ 177.865, the second sentence\nin paragro.ph Cd> would be amended to\nrend as foUcms:\n§ 177.856 Accidents; fiDDUJJal!le liquids.\n• • • • •\n(d) • • • In such case~ red electric\nlllntems, red emergency reflectors, red\nemergency reflective triangles. or red\n:flacs must be set out in the manner\nprescribed by §§ 392.22, 392.24, and\n392.25 of this tiUe. • • •\n• • • • •\ncc> In § 177.859, the third sentence\nin paragraph Cb> would be amended to\nread as foUows:\nfEDERAL REGISTER, VOL 38, NO. 165-MONDAY, AUGUST 27, 1973\n\n<<>>\n\n22904\n§ 177.859 Accidents; compressed gn.see.\n• • • • •\n · • • • Red electric lanterns, red\nemergency reflectors, red emergency re-\nflective triangles, or red flags must be set\nout in the manner prescribed 1n § § 392.22,\n392.24, and 392.25 of Chapter m of this\ntitle. • • • ·\n• • • • •\nInterested persons are Invited to give\ntheir views on these proposals. Com-\nmunications should identify the docket\nnumber and be submitted in dupllcate to\nthe Secretary, Hazardous Materials Reg-\nulations Board, Department of Trans-\n'portation, Washington, D.C. 20590. Com-\nmunications received on or before Octo-\nber 30, 1973, will be considered before\nfinal action is taken on these proposals.\nAll comments received will .be available\nfor examination by interested persons\nat the omce of the Secretary,-Hazardous\nMaterials Regulations Board, Room 6215,\nBuzzards Point Building, Second and V\nStreets SW., Washington, D.C., both be-\nfore and after the closing date for com•\n· ments.\nThis proposal is made under the au•\nthorlty of sectioil.s 831-835 of title 18,\nUnited states Code, and section 9 of the\nDepartment of Transportation Act (49\nu.s.c. 1657).\nIssued in Washington, D.C., on August\nROBER% .A.KAYE,\nBoard Member tor the\nFederal Highway Administration.\n(FB Doc.73-18143 Flled 8-24.-73;8:46 am}\nPROPOSED RULES\nNational Highway Traffic· Safety\nAdministration\n[ 49 CFR Part 571 ] •\n(Docket No. 4.-2; Notlce 9]\nWARNING DEVICES\nOptional Labeling With Manufacturer or\nDistributor Name\nThis notice proposes to amend Stand-\nard 125, Warntng Devices, 49 CFR\n571.125, to permit the use of the manu-\nfacturer's or distributor's name on the\ndevice to satisfy ident!ficat!on require-\nments.\nThe standard to read: Monday through Friday :Name . of manufacturer or dis· days) , during the mentioned 30-day PO•\ntributor; riod and for 10 days thereafter. Any\nperson visiting Central omco for tho\nInterested persons are mvited to sub· purpose of inapecting any such comments\nmit ~omments on the proposal. Com· will be received by the Centrnl omce Vot-\nments should refer to the docket number st U'-'t in 13 s h\nand l:ie. submitted to: Docket Section, erans Ass! ance ... room 2. uo\nNational Highway Tra:fDc Safety Admin· visitors to any VA field station will bo ln•\nistration Room 5221, 400 Seventh street formed that the records are avnUablo for\n.., inspection onlY 1n Central omce and wUl\nSW., Washington, D.C. 20590. It 1s re- be furnished the address of the above\nquested but not required that 10 coples room number.\nbe submitted. ' tin to tnt t 1n\n·All comments received before the close The provisions rela g ermen\nthe former Vetemns Admlnfstrntton\nof business on the comment closing date cemeteries (now a part of the Natlonnl\nindicated below will be considered, and Cemetery System> will be etrective Juno\nwill be available for examination 1n the 18, 1973, Ellgibillt:v for interment-s 1n\ndocket at the above address both before those cemeteries of the Department of\nand after that date. To the extent possi- t\nble comments filed after the closing date the Army being transferred o tho Vet-\nwill also be considered by the Atlo:1in1s· erans Administration on September 1,\ntration. However the rulemakili.-action .. 1973, will be efiectlve on that da.to. Tho\nmay proceed at inY time after that date, etrective date of § 1.606 relating to mo·\nand comments received after the closing mortal services conducted 1n natlonnl\ndate and too late for consideration in cemeteries will be efiectivo June 18, 1973.\nregard to the action will be treated as 1. In 38 em Part 1, a center title and\nsuggestions for future rulemak1ng. The §§ 1.60~ and 1.606 are added to rend ns\nAdministration will continue to file rete- follows.\nvant material, as it becomes available NATIONAL CEUETERD:S ·\nin the docket after the -closing date, and § 1.600 Interment in nntionnl ccJnc-\nit Is recommended that intereSted per- lcric. Any person who served 1n the ac•\ntlve mUitary, naval, or air service who\nwas discharged or released therefrom un·\nder conditions other than. dlshonorablo.\n Any. member of the Armed Forces\nwho died 1n the active mUitary, naval, or\nair service.\n21,19~3.\nFEDERAL REGISTER, VOL 38, NO. 165-M9NDAY, AUGUST 27, 1973\n\n<<>>\n\nPROPOSED RULES\n21.4S5\n75-RM-6 c 40 F .R. 17248) , ·is further\namended to read as follows: •\nTha.t airsPace extendlnlt upward from\n700 feet above the surface within a 9-\nmlle radius of General Brees Field,\nLaramie, Wyoming : 'Within 5.5 mlles\nsouth anti 9.5 miles north of the Laramie,\nWyoming VORTAC 301• radial extend-\ning from the 9-mlle racllus area to 18.5\nmiles. northwest of the vpRTAC and\nwithili 5 miles each side of the Laramie\nVORTAC 126• radial extendiiig from the\n9-niile racllus area to 21 miles southeast\nof the VORTAC. _\n(Sec. 30'1(a) ot the ~rat Avtatlon\" Act ot\n1958, as ~~mended. (49 u.s.a. 1348(a)), BD4\not Sect1oU G(o) ot the :pepaztment o! 'l'riiDS-\nportatlon Act (49 U.S.0.1655(c)))\n. Issued Jn Aurora, ColC?rBdo, on May\n16,1975 •.\nM.M.MAJtmr.\nDirector, • .Roclcy Mountain Be~.\n[FaDoc.'l&-12870 Piled 5-15-75;8:43 am) [14CfRParts25and 121)\n[Docket No. 9Gll: Notlco No. 711-GAJ\n[14CFRPart7l:-] SMOKE EMISSION FROM COMPARTMENT\n• [· ... __ Doclli. et No. TI)....OZ-5} INTERIOR MATERIALS IN· TRANSPORT\n..... D.. CATEGORY AIRPLANES\nTRANSmON AREA Extension of Comment Period\n. Prop~ Designation The Federal AvJatlon AdmlnJstratlon\n'l'heFederalAvtationAdm1Dlstratlonis proposed In Notice 75-3, published In the\ncoiiSiderlng amending Part 71 of the Fed- • FEDEIIAL REaiSTEa on Febtulll'Y 12, 1975\nera1 Aviation Regulations-so as to desig- (40 m 6506), to amend Parts 25 and 121\nnate a transition area at Neodesha, of the Federal Avtntton Regulations to\nKansas. • • • establish standards for the mnoke emls-\nInterested pesrons may partfcJpate Jn slon charactenstfcs of compartment In•\nthe proposed rule making by submitting terJor mater.lals used Jn tmnsport cate-\nsuch written data. Views or arguments as coiY airplanes. It was incllca\"lcd Jn No-\nthey ma:v· desire. communications .shoUld tlce. 75--3 that conunents recolvcd on or\nbe submitted in tr1P11cate to the Director, before 1tlay 12, 1975, would be . con·\nCentral Region, Attention: Cble!, .Air sldered by the .Administrator before tak·\n. Tra11ic Division. Federal Aviation AdmJn-· 1ng action on the proposed rules.\nistratlon, Federal Bundlng. 601 East 12th By letter dllted Ms.? 5, 19'15, Peter M.\nstreet, .Kansas cut. Mo. 64106. All com- Nemkov, Esq., on behnlf of the'Soc!ety\nmunlcations received on or before June or the Plastics Indu.st17, Inc. CSPD, a.\n16 1975 will be considered before action trade association. requested a 30-da? ex-\nis iaken on the proposed amendment. No tension of ttme provided In Notice 75-3\npublic heartng is contemplated at thfs for the submission of comments In order\ntime. but arrangements for Jnfonnal con- that the SPI position, with respect to c:er-\nferences with Federal AVIation Admin- ta1n areas of the proposed rules, could\nistratlon ofllclals tna7 be made by con- be fullT coordinated with lt.s- member-\ntactlng the Reg:tonal A1r Tra1llc Division ship. In VIew or the teclmlcal experience\nCh.le!. Any data. views or arguments of the SPI members. some or which are\npresented during such conferences must aircraft compartment mo,ter1Dl manu-\nalso be submitted In .writing In accord- facturers, the FAA believes that the re-\n. aru:e with thls notice~ order to become quested extension of -time shoUld be\npart of the record for-consideration. The granted.\nproposal contained ln tb1s notice ma? be I find that the petitioner has shown\nchanged· In the light of comments a. substnntfve interest In the proposed\nreceived. rules. that good causa eldsts for the ex-\n- A public docket will· be available !or tension. -and that the extension 1s con-\nexamination by Interested persons ln the slstent with the pubUc lntere$.\nOflice. of the Reg:lonal Counsel. Federal Therefore, puxsunnt to the authorit¥\nAviation Admlnlstra.tfon, Fed~ Bulld· delegated to me by the Admlntstrntor,\ning, 601 East 12th Street. Kansas Cit¥, (14 em 1L45>, tho \"time within which\n_M~ !!!,o~ublic-use instrument approach comments on Notice 75-3 will be re-\nprocedure has been ·established for the celvedis extended to.Tunel1,19'15 •.\nNeodesha MuniciPal· Airport, Neodesha. Issued in Washlngton. D.C. on MD.1' 9,\n1tansaS. Conseciuently, it 1s necessa.tl' to 1975.\nprovide controlled airspace pro~tion\n. for aircraft executing this new approach\nprocedure by designating a 700-!oot\ntransition !lre&. at Neodesha, Kansas.\nRICIWID P. Smmr.i,\nDirector.\nJnfght St4rulard8 Sen1fee.\n(:FBDbo.76-1286'1 P11ed 6-16-7S;8:45o.m)\nIn conslderntlon of the foregoln!f, tho\nHazardous Uaterfafs Regulations Board\nFederal AVIation AdmlnJstrntlon pro-\n[ 49 CFR Part 177)\nposes-to amend Part 71 of the Federal\nAviation RegUla.tlons us hereinafter set\n[Docl:ot No. m.t-110: Notice No. '1&-S)\nforth:\nUSE OF CATALYTIC HEATERS IN cetrAJN\nIn§ 71.181 C40 m 441>, the foUowlna\nMOTOR VEHICLES. AND REPAIRS TO\ntransition area is added: •\nVEHICLES IN CLOSED BUILDINGS\nNI:ODEBBAt B:4MWJ\nProposed Rule Making -\n'l'llAt nll'SpBCG oxtcn:ulln; upwnrd tzom 700 0 A_.. .. lS74 th \"\"\"---d\nteet nbove tho surtnco w1UWI. a G% milo n Dec.......,er \"• • e ~ ous\nradlus ot tho Neodesbllo, ~ MUD.Iclpnl Materiala Regulations Board (The\nAirport, oseludlllg thnt portion wblcll co- Bo:lrd) publ!shed Amendments Nos.173-\nSnc:ldes wtth the Pnr&oas, l.tl1ll.c3ll i:mllllltloll 87 nnd177-31 under Docket BM-110 (39\nl1l'8l1o FR. 41741>. One portion o! the amend-\ntseo.. 30T(n) ot tho Fedon.t Avto.tlon Act ot ment pertnmecl to the use of catab\"tf~\n1958 (49U.S.0.1348), o.nd or section G(c) ot heaters in the cargo compartment of a\nthe Depnrtment of 'l'rllJI.spO:rta.tlon Act (43 motor vehicle transportfDg _:flammable\nu.s.a. 1655(c))) Uqulds or flammable compressed gases.\nTho revfsfon authorfzes use o! catab'tfc\n!ssued in Kansas Clt¥, :Mlssourl, on heaters in these motor vehicles f! guards\nAp:ril18, 1975. are installed to keep the cargo at least\nC. R. ll.fl:r.vom, Jr., • one toot away from the heater. The\nDirector, CentralBegfan. llDlendDlent was to become eff'ective Aprn\n(F.RDoc.75-12871 Plleclli-15-7G;B:411o.m) 1,1975, but those sections covered by thfs\nnotice were pOStponed until October l,\n1975 C40FR12269). ,\nAfter the revlsfon was 1ssued. a peti-\ntion !or reconsideration was received\nfrom C","truncated":true,"body_characters":63065}