{"operation":"document","citation":"17-0047","title":"Rob Scott — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2018-05-01","effective_on":null,"summary":"17-0047 concerning 171.8, 172.102, 173.403, 177.834.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0047.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0047.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0047","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/58531/170047.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nMAY 0 1 2018\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMr. Rob Scott\nP.O. Box 144\nKingsburg, CA 93631\nReference No. 17-0047\nDear Mr. Scott:\nThis letter is in response to your April 27, 2017, e-mail requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Part 171-180) applicable to the adoption of Department of\nTransportation Special Permit (DOT-SP) 13544 into § 172.102(c)(5) Special Provision N95 in\nthe final rule issued under Docket No. PHMSA-2013-0042 [HM-233F; 81 FR 3635].\nSpecifically, you state the new special provision adds the wording \"closed motor vehicle,\" which\nis not in DOT-SP 13544. You note that the HMR defines \"closed transport vehicle\" for\nradioactive materials in § 173.403. You ask for a definition of \"closed motor vehicle\" as used in\nSpecial Provision N95. We have paraphrased and answered your questions.\nA \"closed motor vehicle,\" as this wording is used in Special Provision N95, means a motor\nvehicle that has some method of closing. The HMR do not define \"closed\" or \"closed motor\nvehicle,\" but do define \"motor vehicle\" as: ...a vehicle, machine, tractor, trailer, or semitrailer,\nor any combination thereof, propelled or drawn by mechanical power and used upon the\nhighways in the transportation of passengers or property. It does not include a vehicle,\nlocomotive, or car operated exclusively on a rail or rails, or a trolley bus operated by electric\npower derived from a fixed overhead wire, furnishing local passenger transportation similar to\nstreet-railway service.\" (See § 171.8.) Generally, a flatbed trailer or flatbed truck is not a closed\nvehicle. However, it is the opinion of this Office that when equipped with removable solid sides\nand back and closed by covering with a tarpaulin or lid, a flatbed truck or trailer is a closed\nvehicle.\nYou enclosed one picture each of a curtain-trailer van, stake-bed truck, scrapped cars secured to\na flatbed trailer with netting and chains that you described as a tarped load, beverage trailer\ntruck, and cylinder-rack truck. You ask which of these vehicles is a \"closed motor vehicle\" as\nthis wording is used in Special Provision N95. You state that you want to use these trucks to\ntransport 20 pound cylinders of \"UN1978, Propane, 2.1 (flammable gas).\"\nPlease note, the HMR require that any package containing a hazardous material that is not\npermanently attached to a motor vehicle must be secured within the vehicle in a manner that\nprevents shifting, including relative motion between packages, under normal transportation\n\n<<<PAGE 2>>>\n\nconditions (see § 177.834(a)). Therefore, provided this condition is met, it is the opinion of this\nOffice that the following are closed motor vehicles based on the information you provided:\n• Closed curtain trailer van;\n• Stake bed truck when covered with a tarpaulin or lid;\n• Closed beverage trailer truck; and\n• Cylinder rack truck.\nIt is also the opinion of this Office that the flatbed trailer with the load of scrapped cars secured\nto it with netting and chains does not meet the requirement of a closed motor vehicle.\nYou further ask if the intent of requiring the vehicle to be closed in Special Provision N95 is to\nenclose the markings on the cylinders or to additionally secure, other than through the use of\nload locks and straps, the cylinders in the vehicle. The intent of Special Provision N95 is to\npermit DOT Specification 4BA240 cylinders containing liquefied petroleum gas (LPG) and\npropane, and/or residue of LPG or propane, to be transported without hazard warnings (i.e.,\nhazard communication) provided the materials are secured in a closed and placarded transport\nvehicle and meet certain conditions. The HM-233F final rule explains this as follows:\n\"...[DOT-SP 13544] supports the propane cylinder exchange programs that accept\nexpended cylinders in exchange for full cylinders. Cylinders collected during the course\nof these programs may not always bear the appropriate hazard markings and labels as\nrequired by the HMR. [DOT-JSP 13544 prescribes certain operational controls to ensure\nappropriate hazard communication, driver training, and appropriate securement of the\ncylinder on the transport vehicle. [M]In this final rule, PHMSA is adopting SP 13544 as\nproposed by adding new Special Provision, \"N95\" to § 172.102(c)(5) that excepts\ncylinders containing UN1075, Liquefied petroleum gas and UN1978, Propane from\nmarking the identification number and proper shipping name or bear hazard labels\nprovided certain conditions are met...\"\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nI Arn rost\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nEdmonson\n§172.1026)(5)\nsunder\nDodd, Alice (PHMSA)\n1=0047\nFrom:\nINFOCNTR (PHMSA)\nSent:\nFriday, April 28, 2017 2:16 PM\nTo:\nHazmat Interps\nSubject:\nFW: interpretation Closed Motor Vehicle\nFollow Up Flag:\nFollow up\nFlag Status:\nFlagged\nHi Shante/Alice,\nPlease submit this as a letter of interpretation. Mir. Scott spoke with Breanna.\nPlease let me know if you have any questions.\nThanks,\nJordan\nFrom: Rob Scott [mailto:lpghazmat@yahoo.com]\nSent: Thursday, April 27, 2017 11:23 AM\nTo: INFOCNTR (PHMSA) < INFOCNTR.INFOCNTR@dot.gov>\nSubject: interpretation Closed Motor Vehicle\nRob Scott\nP.O. Box 144\nKingsburg, Ca 93631\nIpghazmat@yahoo.com\nIn January of 2016 under HM223F PHMSA adopting SP 13544 as proposed by adding new Special Provision, \"N95\" to\n§ 172.102(c)(5) that excepts cylinders containing UN1075, Liquefied petroleum gas and UN1978, Propane from marking\nthe identification number and proper shipping name or bear hazard labels provided certain conditions are met.\nN95 added the verbiage Closed Motor Vehicle which was not in the original special permit requirements.\nI'm in need of the definition of Closed Motor Vehicle, I want to use either a stake bed truck or a curtain trailer to\ntransport them to the facility and are unsure which if any would meet the requirement of N95.\nNeither in this rulemaking or in the existing regulations is the term \"Closed Motor Vehicle\" or \"closed vehicle\"\ndefined. In other letters of interpretation, Closed vehicles have been implied to be dry van, freight container, sift proof\ncontainer or similar vehicle/container. In 49 CFR 173.403 for radio active materials, Closed transport vehicle means a\ntransport vehicle or conveyance equipped with a securely attached exterior enclosure that during normal\n(radioactive) materials. The enclosure may be either temporary or permanent, and in the case of packaged\ntransportation restricts the access of unauthorized persons to the cargo space containing the Class 7\nmaterials may be of the \"see-through\" type, and must limit access from top, sides, and bottom.\n1\n\n<<<PAGE 4>>>\n\nThe following are photos of several of the transport vehicles commonly used to transport 20 Ib. BBQ cylinders\nand forklift cylinders. They include:\nSoft curtain vans,\nStake bed trucks,\n\"Beverage\" trucks/trailers\nCylinder rack trucks and trailer\nA tarped load, a load securement netting as used for scrapped cars\nWhich of these would meet the term \"Closed motor vehicle\" as used in Special Provision N95? Is the intent to\nenclose the marking on the cylinders or as an additional securement of the cylinder other than load locks and\nstraps?\ntock.camt • 608773793\n2\n\n<<<PAGE 5>>>\n\nRob Scott\n559-897-8812","truncated":false,"body_characters":7508}