{"operation":"document","citation":"14-0025","title":"Veolia ES Technical Solutions, L.L.C. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-04-01","effective_on":null,"summary":"14-0025 response to Veolia ES Technical Solutions, L.L.C. concerning 173.21, 177.804.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0025.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0025.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0025","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2014/140025.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nl!?~ 0 1 2014\nMs. Jennifer Eberle\nManager, Transportation Compliance\nVeolia ES Technical Solutions, L.L.C.\n1 Eden Lane\nFlanders, NJ 07836\nRef. No.: 14-0025\nDear Ms. Eberle:\nThis responds to your February 10,2014 email requesting clarification ofthe Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to the audible warning device requirements\nof§ 173.21 (f)(3 )(i)(C) when transporting self-reactive or organic peroxide materials requiring\ntemperature control. Your questions are paraphrased and answered as follows:\nQ 1. Would use of a vehicle operator's mobile device to receive SMS text messages (sent from\nthe mechanical refrigeration unit by means of an electronic temperature probe) set to a\nspecific sound tone used only for alerts related to the temperature of the refrigeration unit\nmeet the definition of an audible warning device as required in § 173.21 (f)(3)(i)(C)?\nAI. The answer is yes. Section 173.21(f)(3)(i)(C) states that the warning device must be readily\nvisible or audible, as appropriate, from the vehicle operator's seat in the vehicle. A specific\nsound tone audible on the operator's mobile device would satisfY this requirement.\nQ2. Would such use of the vehicle operator's mobile device set to receive audible warnings\nviolate the prohibitions in §177.804(b)(2) and (3) ifthe motor carrier does not allow or\nrequire the driver to provide a message in response to the alert until he or she has safely\nparked and is no longer driving the vehicle?\nA2. The answer is no. A specific sound tone that would not require the operator to view or\nhandle the mobile device while driving would not violate the prohibitions in § 177.804(b )(2)\nand (3).\nI hope this satisfies your inquiry. Please contact us ifwe can be of further assistance.\nSincerely,\nDuane A. Pfund v ..,- U \\-\n~~,1~\nInternational Standards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nFebruary 7, 2014\nStandards and Rulemaking Division\nPipeline and Hazardous Materials Safety Administration\nAttn: PHH-10\nU.S. Department of Transportation\nEast Building\n1200 New Jersey Avenue, SE\nWashington D.C. 20590-0001\nRE: Request for Interpretation Regarding Audible Warning Device\nDear Sir or Madam:\nPlease accept this letter as a request for a formal written letter of interpretation from your\noffice. Veolia wishes to receive clarification related to the requirements of\n§173.21(f)(3)(i)(C) as it applies to the definition of an acceptable audible warning device\nwhen transporting self-reactive or organic peroxide materials which require temperature\ncontrols.\n§173.21(f)(3)(i)(C) requires, \"The vehicle operator shall monitor the inside temperature of\nthe transport vehicle, freight container, or motor vehicle and enter that temperature on a\nwritten record at the time the package is loaded and thereafter at intervals not exceeding\ntwo hours. Alternatively, a transport vehicle, freight container, or motor vehicle\nmay be equipped with a visible or audible warning device that activates when the\ninside temperature of the transport vehicle, freight container, or motor vehicle\nexceeds the control temperature required for the material. The warning device\nmust be readily visible or audible, as appropriate, from the vehicle operator's seat\nin the vehicle. II\nModern technology has provided a means of transporting temperature controlled materials\nin a mechanical refrigeration unit equipped with an electronic probe which continuously\nmonitors the internal temperature of the unit. The probe is set with pre-defined\ntemperature ranges as appropriate for each shipment and has the ability to send automated\nalerts if there are any excursions outside of the set temperature range. Vehicle operators\nare notified of alarm conditions in the form of an SMS text message via mobile device.\nUpon receiving the audible alert, the driver would safely park the vehicle and take any\nnecessary emergency action.\n1. Would use of a vehicle operator's mobile device to receive SMS text\nmessages set to a specific sound tone used only for alerts related to the\ntemperature of the refrigeration unit meet the definition of an audible\nwarning device as required in §173.21(f)(3)(i)(C)?\n2. Would such use of the vehicle operator's mobile device set to receive\nemergency messages violate the prohibitions set in §177.804(b)(2) & (3) if\nthe motor carrier does not allow or require the driver to provide a message\nin response to the alert until he or she has safely parked and is no longer\ndriving the vehicle?\nVeolia ES Technical Solutions, L.L.C.\n1 Eden Lane\nFlanders, NJ 07836\njennifer.eberle@veolia.com\n(973) 691-7331\n\n<<<PAGE 3>>>\n\nYour written response to this question is greatly appreciated. If you require any further\ninformation regarding this letter please contact me at 973-691-7331 or\njennifer.eberle@veolia.com.\nThank you,\nJennifer Eberle\nManager, Transportation Compliance\nVeolia ES Technical Solutions, L.L.C.\n1 Eden Lane\nFlanders, NJ 07836\njennifer.eberle@veolia.com\n(973) 691-7331","truncated":false,"body_characters":5142}