{"operation":"document","citation":"16-0179","title":"Mr. Dustan Burkey — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-03-15","effective_on":null,"summary":"16-0179 concerning 177.816, 177.834, 177.840.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0179.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0179.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0179","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2017/160179.pdf","body":"<<<PAGE 1>>>\n\nP.O. Box 404\nCarrolltown, PA 15722\nReference No. 16-0179\nDear Mr. Burkey:\nThis letter is in response to your October 27, 2016, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to hazardous\nmaterials aboard passenger-carrying vehicles. Specifically, you ask whether it is permissible for\npassengers to carry 16-ounce cylinders of propane on a charter bus.\nThe answer is yes, provided that you have no other practicable means of transportation available.\nIf transported on a charter bus, the cylinders must be properly packaged and the hazards must be\ncommunicated in accordance with the HMR. The HMR apply to the transportation of hazardous\nmaterials in commerce, which includes materials carried by passengers and crew members on\nchartered vehicles. While hazardous materials—such as propane cylinders—are not prohibited\nfrom being carried on a charter bus, the HMR require that they have proper marking, labeling,\nand shipping paper documentation (which must be provided to the carrier). Further, only bus\ncompany employees who have been trained in accordance with Subpart H of Part 172 may\nperform functions that directly affect the safety of the hazardous materials in transportation.\nThese functions include handling the hazardous materials and driving the bus.\nAdditional requirements and restrictions pertaining to the transportation of hazardous materials\non a motor vehicle, such as driver training, loading and unloading requirements, and gross\nweight limitations, are addressed in Part 177 of the HMR. Section 177.816 provides additional\ntraining requirements; Sections 177.834 and 177.840 provide general and specific requirements\nfor the loading, unloading, and transportation of Class 2 materials (gases); and Section 177.870\nspecifically restricts the gross weight of any class of hazardous materials (e.g., Division 2.1 for\npropane) to 45 kg (99 pounds) or less, and the aggregate weight of all other dangerous articles to\n225 kg (496 pounds) or less.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nPlease submit this as a letter of interpretation. Mr. Burkey spoke with Jodi and Eamonn.\nPlease let me know if you have any questions.\nThanks,\nJordan\nFrom: dutburk@comcast.net [mailto:dutburk@comcast.net]\nSent: Thursday, October 27, 2016 1:49 PM\nTo: INFOCNTR (PHMSA)\nSubject: propane\nThis is the second formal request for law interpretation on the matter of transporting 16 ounce\npropane cylinders on a passenger bus. Could you please provide me with a defined definition on how\nmany ounces of propane or pounds of propane are able to be carried on a passenger bus via\ncommerce. Scenario: A passenger bus leaves Ebensbugh, PA and travels to Pittsburgh, PA for a\nSteeler game. At this game, there will be tailgating involving grills and 16 ounce propane cylinders\nthat will need to be transported on the passenger bus. I would like the law interpretation on whether\nthis is legal? If it is legal, please explain all the legalities. Any other questions, please contact me at\nthe below information. Thank you.\nDustan Burkey\nPO Box 404\nCarrolltown, PA 15722\n(814)-344-8073","truncated":false,"body_characters":3295}