{"operation":"document","citation":"12-0131","title":"New Century Transportation, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-08-31","effective_on":null,"summary":"12-0131 response to New Century Transportation, Inc. concerning 173.21.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0131.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0131.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0131","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120131.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue SE\nWashmgton. DC 20590\nAUG 0 6 2012\nMs. Donna Horn\nEHS & Hazmat Manager\nNew Century Transportation, Inc.\n45 E Park Drive\nWestampton, NJ 08060\nRef. No.: 12-0131\nDear Ms. Horn:\nThis responds to your June 1, 2012 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the requirements for\nself-accelerated decomposition temperature (SADT) materials. Your questions are\nparaphrased and answered as follows:\nQl. Would a single driver be able to transport a temperature control material as listed in\n49 CFR § 173.225 if the transportation is longer than the permissible Hours-of-\nService for the driver to drive, i.e. TX to NY?\nA 1. The HMR does not specify Hours-of-Service requirements. Hours-of-Service\nregulations are under the jurisdiction of the Federal Motor Carrier Safety\nAdministration (e.g., the Federal Motor Carrier Safety Regulations (FMCSR; 49\nCFR Parts 350-399)). Under the HMR, we have no provisions regarding single v.\nmultiple drivers or Hours-of-Service requirements for SADT materials. However,\nas required by§ 173.21(f)(3)(i)(A), a material meeting the criteria of§ 173.21(±)\nmay be transported only in a transport vehicle, freight container, or motor vehicle\nequipped with a mechanical refrigeration unit, or loaded with a consumable\nrefrigerant, capable of maintaining the inside temperature of the hazardous material\nat or below the control temperature required for the material during transportation.\nQ2. Would the control temperature log have to be done ifthere is a visible warning\ndevice on the refrigerated unit? Further, would a single driver be able to transport\nif longer than the permissible Hours of Service for the driver to drive? (Driver\nwould not be able to see or hear alarm if in sleeper's berth.)\nA2. As required by§ 173.21(f)(3)(i)(C), the vehicle operator shall monitor the inside\ntemperature of the transport vehicle, freight container, or motor vehicle and enter\nthat temperature on a written record at the time the package is loaded and thereafter\nat intervals not exceeding two hours. Alternatively, a transport vehicle, freight\n\n<<<PAGE 2>>>\n\ncontainer, or motor vehicle may be equipped with a visible or audible warning\ndevice that activates when the inside temperature of the transport vehicle, freight\ncontainer, or motor vehicle exceeds the control temperature required for the\nmaterial. The warning device must be readily visible or audible, as appropriate,\nfrom the vehicle operator's seat in the vehicle. In order to be in compliance, either\na written record is required to be completed or, as an alternative, a visible or\naudible warning device. Finally, please see Al regarding Hours-of-Service or\nsingle v. multiple drivers issues.\nI hope this satisfies your inquiry. Please contact us ifwe can be of further assistance.\nSincerely,\nc---7~4~\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nNEWCENTURY\nTRANSPORTATION, INC.®\nJune 1, 2012\nU.S. DOT\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH 10\nEast Building\n1200 New Jersey Avenue, SE.\nWashington, DC 20590\nRe: Interpretation- 49CFR 173.21(f)(i)(C)\nTo Whom It May Concern:\nTo clarify the subject regulation, can you provide PHMSA's interpretation for the\nfollowing:\n1. Would a single driver be able to transport a temperature control material as listed in\n49CFR173.225 if the transportation is longer than the permissible Hours of Service for\nthe driver to drive. i.e. TX to NY.\n2. Would the control temperature log have to be done if there is a visible warning device\non the refrigerated unit. Further, would a single driver be able to transport if longer than\nthe permissible Hours of Service for the driver to drive. Driver would not be able to see\nor hear alarm if in sleeper's berth.\nMy contact information is: Donna Horn, EHS&Hazmat Manager, New Century\nTransportation, Inc. 45 E Park Drive, Westampton, NJ 08060, 609-265-1110 x6679, fax\nnumber 609-265-1746.\nThank you for your attention in this matter.\nVery truly yours,\nIf~·~\nDonna CHorn ·\n·'\n-, •· •'\n,. ,-,.\n' '~ ~~\n-\n45 EAST PARK DRIVE • WESTAMPTON, NJ 08060\n609·265-1110 • FAX 609-265·2231 • TOLL FREE 877-870-4031","truncated":false,"body_characters":4337}