New Century Transportation, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue SE Washmgton. DC 20590 AUG 0 6 2012 Ms. Donna Horn EHS & Hazmat Manager New Century Transportation, Inc. 45 E Park Drive Westampton, NJ 08060 Ref. No.: 12-0131 Dear Ms. Horn: This responds to your June 1, 2012 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the requirements for self-accelerated decomposition temperature (SADT) materials. Your questions are paraphrased and answered as follows: Ql. Would a single driver be able to transport a temperature control material as listed in 49 CFR § 173.225 if the transportation is longer than the permissible Hours-of- Service for the driver to drive, i.e. TX to NY? A 1. The HMR does not specify Hours-of-Service requirements. Hours-of-Service regulations are under the jurisdiction of the Federal Motor Carrier Safety Administration (e.g., the Federal Motor Carrier Safety Regulations (FMCSR; 49 CFR Parts 350-399)). Under the HMR, we have no provisions regarding single v. multiple drivers or Hours-of-Service requirements for SADT materials. However, as required by§ 173.21(f)(3)(i)(A), a material meeting the criteria of§ 173.21(±) may be transported only in a transport vehicle, freight container, or motor vehicle equipped with a mechanical refrigeration unit, or loaded with a consumable refrigerant, capable of maintaining the inside temperature of the hazardous material at or below the control temperature required for the material during transportation. Q2. Would the control temperature log have to be done ifthere is a visible warning device on the refrigerated unit? Further, would a single driver be able to transport if longer than the permissible Hours of Service for the driver to drive? (Driver would not be able to see or hear alarm if in sleeper's berth.) A2. As required by§ 173.21(f)(3)(i)(C), the vehicle operator shall monitor the inside temperature of the transport vehicle, freight container, or motor vehicle and enter that temperature on a written record at the time the package is loaded and thereafter at intervals not exceeding two hours. Alternatively, a transport vehicle, freight#

Page 2container, or motor vehicle may be equipped with a visible or audible warning device that activates when the inside temperature of the transport vehicle, freight container, or motor vehicle exceeds the control temperature required for the material. The warning device must be readily visible or audible, as appropriate, from the vehicle operator's seat in the vehicle. In order to be in compliance, either a written record is required to be completed or, as an alternative, a visible or audible warning device. Finally, please see Al regarding Hours-of-Service or single v. multiple drivers issues. I hope this satisfies your inquiry. Please contact us ifwe can be of further assistance. Sincerely, c---7~4~ T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 3NEWCENTURY TRANSPORTATION, INC.® June 1, 2012 U.S. DOT PHMSA Office of Hazardous Materials Standards Attn: PHH 10 East Building 1200 New Jersey Avenue, SE. Washington, DC 20590 Re: Interpretation- 49CFR 173.21(f)(i)(C) To Whom It May Concern: To clarify the subject regulation, can you provide PHMSA's interpretation for the following: 1. Would a single driver be able to transport a temperature control material as listed in 49CFR173.225 if the transportation is longer than the permissible Hours of Service for the driver to drive. i.e. TX to NY. 2. Would the control temperature log have to be done if there is a visible warning device on the refrigerated unit. Further, would a single driver be able to transport if longer than the permissible Hours of Service for the driver to drive. Driver would not be able to see or hear alarm if in sleeper's berth. My contact information is: Donna Horn, EHS&Hazmat Manager, New Century Transportation, Inc. 45 E Park Drive, Westampton, NJ 08060, 609-265-1110 x6679, fax number 609-265-1746. Thank you for your attention in this matter. Very truly yours, If~·~ Donna CHorn · ·' -, •· •' ,. ,-,. ' '~ ~~ - 45 EAST PARK DRIVE • WESTAMPTON, NJ 08060 609·265-1110 • FAX 609-265·2231 • TOLL FREE 877-870-4031#