{"operation":"document","citation":"16-0203","title":"AECOM — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-05-22","effective_on":null,"summary":"16-0203 response to AECOM concerning 177.834.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0203.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0203.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0203","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2017/160203.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nMaterials Safety\nPipeline and Hazardous\nWashington, DC 20590\nAdministration\nErin Jarman\nEnvironmental Scientist\nMAY 2 2 2017\nAECOM\n1600 Perimeter Drive, Suite 400\nMorrisville, NC 27560\nReference No. 16-0203\nDear Ms. Jarman:\nThis letter is in response to your December 22, 2016, letter requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the use of a cargo\nheater during the transportation of a Class 3 flammable liquid. You provide a scenario in which\nthere is a closed trailer that has a retractable top and sides, allowing it to become similar to a\nflatbed truck during loading and unloading but to remain closed in transportation.\nWe have paraphrased and answered your questions as follows:\nQ1. Noting that a closed trailer equipped with a cargo heater contains a Class 3 flammable\nliquid and does not meet the requirements of § 177.834(1)(2), you ask if the trailer may be\ntransported provided the cargo heater remains off during transportation.\nAl.\nThe answer is yes. The requirements of § 177.834(1)(2) only apply to a cargo heater that\nis turned on or in use while in transportation. This Office further recommends rendering\nthe heater inoperable to avoid opportunity for inadvertent activation.\nQ2.\nYou ask if the requirements of § 177.834(1)(2) apply provided the trailer described in the\nloading/unloading activities.\nscenario has its top and sides fully retracted to become similar to a flatbed trailer during\nA2.\nSee A1. If the cargo heater is not turned on (and inoperable) during loading/unloading\nand transportation, the requirements of § 177.834(l)(2) do not apply. However, if the\ncargo heater is turned on (and operable), the requirements of § 177.834(1)(2) apply. The\nvehicle equipped with an operable cargo heater.\nHMR does not distinguish between a closed and flatbed trailer in regards to a motor\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely.\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nLuccoro\n5177,834(1)\nAECOM\nGeneral\nAECOM\n16-0803\nRequiemen\nMorrisville, NC 27560\n1600 Perimeter Drive, Suite 400\n919 461 1100\n919 461 1415\nfax\nDecember 22, 2016\nwww.aecom.com\nMr. Charles Betts, Division Director\nStandards and Rulemaking (PHH-10)\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\nEast Building, 2nd Floor\n1200 New Jersey Ave., SE\nWashington, DC 20590\nDear Mr. Betts:\nI am writing to request a written Department of Transportation (DOT) interpretation concerning the use of\ncargo heaters in a motor vehicle with a closed trailer when transporting Class 3 flammable liquids. The\nparticular closed trailer in question has retractable top and sides, where it basically becomes a flatbed\ntruck during loading and unloading activities, but remains closed in transport.\nAs set out in 49 CFR 177.834(I), there is a requirement whereby a motor vehicle equipped with a\ncombustion cargo heater may be used to transport Class 3 (flammable liquid) materials only when certain\nconditions are met. The cargo heater meets all required criteria in 49 CFR 177.834(I).\nQuestion 1: If the above-described motor vehicle with a closed trailer does not meet all of the\nrequirements set out in 49 CFR 177.834(I), but the cargo heater is never turned on during\ntransportation, would the cargo heater be allowed to remain in the closed trailer during\ntransportation? [For example, electrical apparatus retrofitted into the trailer is not certified\nnon-sparking or explosion proof as required by 49 CFR 177.834(I)(2)(i)(A)(1), but the electrical\nequipment is never turned on in transportation.]\nQuestion 2: If the trailer with retractable top and sides is positioned such that the top and sides\nare fully retracted and the cargo heater is not turned on, and the trailer essentially becomes a\nflatbed truck during loading/unloading activities, would the requirements of 49 CFR 177.834(l)\napply, as trailer is fully open and not functioning as a closed trailer?\nI appreciate your assistance with these questions.\nSincerely,\nErin N. Jarmar\nErin N. Jarman\nEnvironmental Scientist\nAECOM","truncated":false,"body_characters":4260}