§ 177.834 49 CFR Ch. I (10–1–06 Edition)

portion of the highway and every avail- liquid), Class 4 (flammable solid), Class able means employed for the safe dis- 5 (oxidizing), or Division 2.1 (flammable posal of the leaking material by pre- gas) materials is forbidden. venting, so far as practicable, its (d) Keep fire away, loading and unload- spread over a wide area, such as by ing. Extreme care shall be taken in the digging trenches to drain to a hole or loading or unloading of any Class 1 (ex- depression in the ground, diverting the plosive), Class 3 (flammable liquid), liquid away from streams or sewers if Class 4 (flammable solid), Class 5 (oxi- possible, or catching the liquid in con- dizing), or Division 2.1 (flammable gas) tainers if practicable. Smoking, and materials into or from any motor vehi- any other source of ignition, in the vi- cle to keep fire away and to prevent cinity of a leaking cargo tank is not persons in the vicinity from smoking, permitted. lighting matches, or carrying any (c) Movement of leaking cargo tanks. A flame or lighted cigar, pipe, or ciga- leaking cargo tank may be transported rette. only the minimum distance necessary (e) Handbrake set while loading and to reach a place where the contents of unloading. No hazardous material shall the tank or compartment may be dis- be loaded into or on, or unloaded from, posed of safely. Every available means any motor vehicle unless the hand- must be utilized to prevent the leakage brake be securely set and all other rea- or spillage of the liquid upon the high- sonable precautions be taken to pre- way. vent motion of the motor vehicle dur- [Amdt. 177–35, 41 FR 16130, Apr. 15, 1976, as ing such loading or unloading process. amended by Amdt. 177–67, 50 FR 41521, Oct. (f) Use of tools, loading and unloading. 11, 1985; Amdt. 177–86, 61 FR 18933, Apr. 29, No tools which are likely to damage 1996] the effectiveness of the closure of any package or other container, or likely Subpart B—Loading and adversely to affect such package or Unloading container, shall be used for the loading or unloading of any Class 1 (explosive) NOTE: For prohibited loading and storage material or other dangerous article. of hazardous materials, see § 177.848. (g) [Reserved] (h) Precautions concerning containers § 177.834 General requirements. in transit; fueling road units. Reasonable (a) Packages secured in a motor vehicle. care should be taken to prevent undue Any package containing any hazardous rise in temperature of containers and material, not permanently attached to their contents during transit. There a motor vehicle, must be secured must be no tampering with such con- against shifting, including relative mo- tainer or the contents thereof nor any tion between packages, within the ve- discharge of the contents of any con- hicle on which it is being transported, tainer between point of origin and under conditions normally incident to point of billed destination. Discharge transportation. Packages having valves of contents of any container, other or other fittings must be loaded in a than a cargo tank or IM portable tank, manner to minimize the likelihood of must not be made prior to removal damage during transportation. from the motor vehicle. Nothing con- (b) Each package containing a haz- tained in this paragraph shall be so ardous material bearing package ori- construed as to prohibit the fueling of entation markings prescribed in machinery or vehicles used in road con- § 172.312 of this subchapter must be struction or maintenance. loaded on a transport vehicle or within (i) Attendance requirements—(1) Load- a freight container in accordance with ing. A cargo tank must be attended by such markings and must remain in the a qualified person at all times when it correct position indicated by the mark- is being loaded. The person who is re- ings during transportation. sponsible for loading the cargo tank is (c) No smoking while loading or unload- also responsible for ensuring that it is ing. Smoking on or about any motor so attended. vehicle while loading or unloading any (2) Unloading. A motor carrier who Class 1 (explosive), Class 3 (flammable transports hazardous materials by a

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cargo tank must ensure that the cargo (2) When transporting certain flam- tank is attended by a qualified person mable material—(i) Use of combustion at all times during unloading. How- cargo heaters. A motor vehicle equipped ever, the carrier’s obligation to ensure with a combustion cargo heater may be attendance during unloading ceases used to transport Class 3 (flammable when: liquid) or Division 2.1 (flammable gas) (i) The carrier’s obligation for trans- materials only if each of the following porting the materials is fulfilled; requirements are met: (ii) The cargo tank has been placed (A) It is a catalytic heater. upon the consignee’s premises; and (B) The heater’s surface temperature (iii) The motive power has been re- cannot exceed 54 °C (130 °F)—either on moved from the cargo tank and re- a thermostatically controlled heater or moved from the premises. on a heater without thermostatic con- (3) Except for unloading operations trol when the outside or ambient tem- subject to §§ 177.837(d), 177.840(p), and perature is 16 °C (61 °F) or less. 177.840(q), a qualified person ‘‘attends’’ (C) The heater is not ignited in a the loading or unloading of a cargo loaded vehicle. tank if, throughout the process, he is (D) There is no flame, either on the alert and is within 7.62 m (25 feet) of catalyst or anywhere in the heater. the cargo tank. The qualified person (E) The manufacturer has certified attending the unloading of a cargo that the heater meets the requirements tank must have an unobstructed view under paragraph (l)(2)(i) of this section of the cargo tank and delivery hose to by permanently marking the heater the maximum extent practicable dur- ‘‘MEETS DOT REQUIREMENTS FOR ing the unloading operation. CATALYTIC HEATERS USED WITH (4) A person is ‘‘qualified’’ if he has FLAMMABLE LIQUID AND GAS.’’ been made aware of the nature of the (F) The heater is also marked ‘‘DO hazardous material which is to be load- NOT LOAD INTO OR USE IN CARGO ed or unloaded, he has been instructed on the procedures to be followed in COMPARTMENTS CONTAINING FLAM- emergencies, he is authorized to move MABLE LIQUID OR GAS IF FLAME IS the cargo tank, and he has the means VISIBLE ON CATALYST OR IN HEAT- to do so. ER.’’ (j) Except for a cargo tank con- (G) Heater requirements under forming to § 173.29(b)(2) of this sub- § 393.77 of this title are complied with. chapter, a person may not drive a (ii) Effective date for combustion heater cargo tank motor vehicle containing a requirements. The requirements under hazardous material regardless of quan- paragraph (l)(2)(i) of this section gov- tity unless: ern as follows: (1) All manhole closures are closed (A) Use of a heater manufactured and secured; and after November 14, 1975, is governed by (2) All valves and other closures in every requirement under (l)(2)(i) of this liquid discharge systems are closed and section; free of leaks. (B) Use of a heater manufactured be- (k) [Reserved] fore November 15, 1975, is governed (l) Use of cargo heaters when trans- only by the requirements under (l)(2)(i) porting certain hazardous material. (A), (C), (D), (F) and (G) of this section Transportation includes loading, car- until October 1, 1976; and rying, and unloading. (C) Use of any heater after September (1) When transporting Class 1 (explo- 30, 1976, is governed by every require- sive) materials. A motor vehicle ment under paragraph (l)(2)(i) of this equipped with a cargo heater of any section. type may transport Class 1 (explosive) (iii) Restrictions on automatic cargo- materials only if the cargo heater is space-heating temperature control devices. rendered inoperable by: (i) Draining or Restrictions on these devices have two removing the cargo heater fuel tank; dimensions: Restrictions upon use and and (ii) disconnecting the heater’s restrictions which apply when the de- power source. vice must not be used.

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(A) Use restrictions. An automatic and for trailer-on-flat-car service is re- cargo-space-heating temperature con- quired. trol device may be used when trans- (n) Specification 56, 57, IM 101, and porting Class 3 (flammable liquid) or IM 102 portable tanks, when loaded, Division 2.1 (flammable gas) materials may not be stacked on each other nor only if each of the following require- placed under other freight during ments is met: transportation by motor vehicle. (1) Electrical apparatus in the cargo (o) Unloading of IM and UN portable compartment is nonsparking or explo- tanks. No person may unload an IM or sion proof. UN portable tank while it remains on a (2) There is no combustion apparatus transport vehicle with the motive in the cargo compartment. power unit attached except under the (3) There is no connection for return following conditions: of air from the cargo compartment to (1) The unloading operation must be the combustion apparatus. attended by a qualified person in ac- (4) The heating system will not heat cordance with the requirements in any part of the cargo to more than 54 paragraph (i) of this section. The per- °C (129 °F). son performing unloading functions (5) Heater requirements under § 393.77 must be trained in handling emer- of this title are complied with. gencies that may occur during the un- loading operation. (B) Protection against use. Class 3 (2) Prior to unloading, the operator (flammable liquid) or Division 2.1 of the vehicle on which the portable (flammable gas) materials may be tank is transported must ascertain transported by a vehicle, which is that the conditions of this paragraph equipped with an automatic cargo- (o) are met. space-heating temperature control de- (3) An IM or UN portable tank vice that does not meet each require- equipped with a bottom outlet as au- ment of paragraph (l)(2)(iii)(A) of this thorized in Column (7) of the § 172.101 section, only if the device is first ren- Table of this subchapter by assignment dered inoperable, as follows: of a T Code in the appropriate proper (1) Each cargo heater fuel tank, if shipping name entry, and that contains other than LPG, must be emptied or a liquid hazardous material of Class 3, removed. PG I or II, or PG III with a flash point (2) Each LPG fuel tank for automatic of less than 100 °F (38 °C); Division 5.1, temperature control equipment must PG I or II; or Division 6.1, PG I or II, have its discharge valve closed and its must conform to the outlet require- fuel feed line disconnected. ments in § 178.275(d)(3) of this sub- (m) Tanks constructed and main- chapter; or, until October 1, 2004, be un- tained in compliance with Spec. 106A loaded only at a facility conforming to or 110A (§§ 179.300, 179.301 of this sub- the following— chapter) that are authorized for the (i) The applicable fire suppression re- shipment of hazardous materials by quirements in 29 CFR 1910.106(e), (f), highway in part 173 of this subchapter (g), (h), and (i); must be carried in accordance with the (ii) The emergency shutdown require- following requirements: ments in 29 CFR 1910.119(f), 1910.120(q) (1) Tanks must be securely chocked and 1910.38(a); or clamped on vehicles to prevent any (iii) The emergency response plan- shifting. ning requirements in 29 CFR part 1910 (2) Equipment suitable for handling a and 40 CFR part 68; tank must be provided at any point (iv) An emergency discharge control where a tank is to be loaded upon or re- procedure applicable to unloading oper- moved from a vehicle. ations, including instructions on han- (3) No more than two cargo carrying dling emergencies that may occur dur- vehicles may be in the same combina- ing the unloading operation; and tion of vehicles. (v) Public access to the unloading (4) Compliance with §§ 174.200 and area must be controlled in a manner 174.204 of this subchapter for combina- ensuring no public access during un- tion rail freight, highway shipments loading.

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(4) Alternatively, conformance to (2) Any full trailer in the combina- equivalent or more stringent non-fed- tion has a wheel base of less than 184 eral requirements is authorized in inches; place of paragraphs (o)(3)(i) through (3) Any vehicle in the combination is (o)(3)(iv) of this section. a cargo tank which is required to be marked or placarded under § 177.823; or [29 FR 18795, Dec. 29, 1964. Redesignated at 32 (4) The other vehicle in the combina- FR 5606, Apr. 5, 1967] tion contains any: EDITORIAL NOTE: For FEDERAL REGISTER ci- (i) Substances, explosive, n.o.s., Divi- tations affecting § 177.834, see the List of CFR sion 1.1A (explosive) material (Initi- Sections Affected which appears in the Find- ating explosive), ing Aids section of the printed volume and (ii) Packages of Class 7 (radioactive) on GPO Access. materials bearing ‘‘Yellow III’’ labels, (iii) Division 2.3, Hazard Zone A or § 177.835 Class 1 materials. Hazard Zone B materials or Division (See also § 177.834 (a) to (j).) 6.1, PG I, Hazard Zone A materials, or (a) Engine stopped. No Class 1 (explo- (iv) Hazardous materials in a port- sive) materials shall be loaded into or able tank or a DOT specification 106A on or be unloaded from any motor vehi- or 110A tank. cle with the engine running. (d) [Reserved] (b) Care in loading, unloading, or other (e) No sharp projections inside body of handling of Class 1 (explosive) materials. vehicles. No motor vehicle transporting No bale hooks or other metal tools any kind of Class 1 (explosive) material shall be used for the loading, unload- shall have on the interior of the body ing, or other handling of Class 1 (explo- in which the Class 1 (explosive) mate- sive) materials, nor shall any package rials are contained, any inwardly pro- or other container of Class 1 (explosive) jecting bolts, screws, nails, or other in- materials, except barrels or kegs, be wardly projecting parts likely to rolled. No packages of Class 1 (explo- produce damage to any package or con- sive) materials shall be thrown or tainer of Class 1 (explosive) materials dropped during process of loading or during the loading or unloading process unloading or handling of Class 1 (explo- or in transit. sive) materials. Special care shall be (f) Class 1 (explosive) materials vehicles, exercised to the end that packages or floors tight and lined. Motor vehicles other containers containing Class 1 (ex- transporting Division 1.1, 1.2, or 1.3 (ex- plosive) materials shall not catch fire plosive) materials shall have tight floors; shall have that portion of the from sparks or hot gases from the ex- interior in contact with the load lined haust tailpipe. with either non-metallic material or (1) Whenever tarpaulins are used for non-ferrous metals, except that the lin- covering Class 1 (explosive) materials, ing is not required for truck load ship- they shall be secured by means of rope, ments loaded by the Departments of wire, or other equally efficient tie the Army, Navy or Air Force of the downs. Class 1 (explosive) materials United States Government provided placards or markings required by the Class 1 (explosive) materials are of § 177.823 shall be secured, in the appro- such nature that they are not liable to priate locations, directly to the equip- leakage of dust, powder, or vapor which ment transporting the Class 1 (explo- might become the cause of an explo- sive) materials. If the vehicle is pro- sion. The interior of the cargo space vided with placard boards, the placards must be in good condition so that there must be applied to these boards. will not be any likelihood of containers (2) [Reserved] being damaged by exposed bolts, nuts, (c) Class 1 (explosive) materials on vehi- broken side panels or floor boards, or cles in combination. Division 1.1 or 1.2 any similar projections. (explosive) materials may not be load- (g) No detonator assembly or booster ed into or carried on any vehicle or a with detonator may be transported on combination of vehicles if: the same motor vehicle with any Divi- (1) More than two cargo carrying ve- sion 1.1, 1.2 or 1.3 material (except hicles are in the combination; other detonator assemblies, boosters

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with detonators or detonators), deto- in either event care must be taken to nating cord Division 1.4 material or Di- protect the load from moisture and vision 1.5 material. No detonator may sparks, except that subject to other be transported on the same motor vehi- provisions of these regulations, Class 1 cle with any Division 1.1, 1.2 or 1.3 ma- (explosive) materials other than black terial (except other detonators, deto- powder may be transported on flat-bed nator assemblies or boosters with deto- vehicles if the explosive portion of the nators), detonating cord Division 1.4 load on each vehicle is packed in fire material or Division 1.5 material un- and water resistant containers or cov- less— ered with a fire and water resistant (1) It is packed in a specification MC tarpaulin. 201 (§ 178.318 of this subchapter) con- (i) Class 1 (explosive) materials to be tainer; or protected against damage by other lading. (2) The package conforms with re- No motor vehicle transporting any quirements prescribed in § 173.62 of this Class 1 (explosive) material may trans- subchapter, and its use is restricted to port as a part of its load any metal or instances when— other articles or materials likely to (i) There is no Division 1.1, 1.2, 1.3 or damage such Class 1 (explosive) mate- 1.5 material loaded on the motor vehi- rial or any package in which it is con- cle; and tained, unless the different parts of (ii) A separation of 61 cm (24 inches) such load be so segregated or secured is maintained between each package of in place in or on the motor vehicle and detonators and each package of deto- separated by bulkheads or other suit- nating cord; or able means as to prevent such damage. (3) It is packed and loaded in accord- (j) Transfer of Class 1 (explosive) mate- ance with a method approved by the rials en route. No Division 1.1, 1.2, or 1.3 Department. One method approved by (explosive) material shall be trans- the Department requires that— ferred from one container to another, (i) The detonators are in packagings or from one motor vehicle to another as prescribed in § 173.63 of this sub- vehicle, or from another vehicle to a chapter which in turn are loaded into motor vehicle, on any public highway, suitable containers or separate com- street, or road, except in case of emer- partments; and gency. In such cases red electric lan- (ii) That both the detonators and the terns, red emergency reflectors or red container or compartment meet the re- flags shall be set out in the manner quirements of the Institute of Makers prescribed for disabled or stopped of Explosives’ Safety Library Publica- motor vehicles. (See Motor Carrier tion No. 22 (IBR, see § 171.7 of this sub- Safety Regulations, part 392 of this chapter). title.) In any event, all practicable (h) Lading within body or covered tail- means, in addition to these herein- gate closed. Except as provided in para- before prescribed, shall be taken to graph (g) of this section, dealing with protect and warn other users of the the transportation of liquid nitroglyc- highway against the hazard involved in erin, desensitized liquid nitroglycerin any such transfer or against the hazard or diethylene glycol dinitrate, all of occasioned by the emergency making that portion of the lading of any motor such transfer necessary. vehicle which consists of Class 1 (explo- [29 FR 18795, Dec. 29, 1964. Redesignated at 32 sive) materials shall be contained en- FR 5606, Apr. 5, 1967] tirely within the body of the motor ve- EDITORIAL NOTE: For FEDERAL REGISTER ci- hicle or within the horizontal outline tations affecting § 177.835, see the List of CFR thereof, without overhang or projec- Sections Affected which appears in the Find- tion of any part of the load and if such ing Aids section of the printed volume and motor vehicle has a tailboard or tail- on GPO Access. gate, it shall be closed and secured in place during such transportation. § 177.837 Class 3 materials. Every motor vehicle transporting Class (See also § 177.834 (a) to (j).) 1 (explosive) materials must either (a) Engine stopped. Unless the engine have a closed body or have the body of a cargo tank motor vehicle is to be thereof covered with a tarpaulin, and used for the operation of a pump, Class

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3 material may not be loaded into, or so that there is no release of vapor at on, or unloaded from any cargo tank a point where a spark could occur, motor vehicle while the engine is run- bonding or grounding is not required. ning. The diesel engine of a cargo tank Contact of the closed connection must motor vehicle may be left running dur- be made before flow starts and must ing the loading and unloading of a not be broken until after the flow is Class 3 material if the ambient atmos- completed. pheric temperature is at or below ¥12 (3) Bonding or grounding is not re- °C (10 °F). quired when a cargo tank is unloaded (b) Bonding and grounding containers through a nonvapor-tight connection other than cargo tanks prior to and dur- into a stationary tank provided the ing transfer of lading. For containers metallic filling connection is main- which are not in metallic contact with tained in contact with the filling hole. each other, either metallic bonds or (d) Unloading combustible liquids. For ground conductors shall be provided for a cargo tank unloading a material the neutralization of possible static meeting the definition for combustible charges prior to and during transfers of liquid in § 173.150(f) of this subchapter, Class 3 (flammable liquid) materials the qualified person attending the un- between such containers. Such bonding loading operation must remain within shall be made by first connecting an 45.72 meters (150 feet) of the cargo tank electric conductor to the container to and 7.62 meters (25 feet) of the delivery be filled and subsequently connecting hose and must observe both the cargo the conductor to the container from tank and the receiving container at which the liquid is to come, and not in least once every five minutes during any other order. To provide against ig- unloading operations that take more nition of vapors by discharge of static than five minutes to complete. electricity, the latter connection shall [29 FR 18795, Dec. 29, 1964] be made at a point well removed from the opening from which the Class 3 EDITORIAL NOTE: For FEDERAL REGISTER ci- (flammable liquid) material is to be tations affecting § 177.837, see the List of CFR Sections Affected which appears in the Find- discharged. ing Aids section of the printed volume and (c) Bonding and grounding cargo tanks on GPO Access. before and during transfer of lading. (1) When a cargo tank is loaded through § 177.838 Class 4 (flammable solid) ma- an open filling hole, one end of a bond terials, Class 5 (oxidizing) mate- wire shall be connected to the sta- rials, and Division 4.2 (pyroforic liq- tionary system piping or integrally uid) materials. connected steel framing, and the other (See also § 177.834 (a) to (j).) end to the shell of the cargo tank to (a) Lading within body or covered; tail- provide a continuous electrical connec- gate closed; pick-up and delivery. All of tion. (If bonding is to the framing, it is that portion of the lading of any motor essential that piping and framing be vehicle transporting Class 4 (flam- electrically interconnected.) This con- mable solid) or Class 5 (oxidizing) ma- nection must be made before any fill- terials shall be contained entirely ing hole is opened, and must remain in within the body of the motor vehicle place until after the last filling hole and shall be covered by such body, by has been closed. Additional bond wires tarpaulins, or other suitable means, are not needed around All-Metal flexi- and if such motor vehicle has a tail- ble or swivel joints, but are required board or tailgate, it shall be closed and for nonmetallic flexible connections in secured in place during such transpor- the stationary system piping. When a tation: Provided, however, That the pro- cargo tank is unloaded by a suction- visions of this paragraph need not piping system through an open filling apply to ‘‘pick-up and delivery’’ motor hole of the cargo tank, electrical con- vehicles when such motor vehicles are tinuity shall be maintained from cargo used in no other transportation than in tank to receiving tank. and about cities, towns, or villages. (2) When a cargo tank is loaded or Shipment in water-tight bulk con- unloaded through a vapor-tight (not tainers need not be covered by a tar- open hole) top or bottom connection, paulin or other means.

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(b) Articles to be kept dry. Special care (g) A motor vehicle may only contain shall be taken in the loading of any 45.4 kg (100 pounds) or less net mass of motor vehicle with Class 4 (flammable material described as ‘‘Smokeless pow- solid) or Class 5 (oxidizing) materials der for small arms, Division 4.1’’. which are likely to become hazardous (h) Division 4.2 (pyrophoric liquid) ma- to transport when wet, to keep them terials in cylinders. Cylinders containing from being wetted during the loading Division 4.2 (pyrophoric liquid) mate- process and to keep them dry during rials, unless packed in a strong box or transit. Special care shall also be case and secured therein to protect taken in the loading of any motor vehi- valves, must be loaded with all valves cle with Class 4 (flammable solid) or and safety relief devices in the vapor Class 5 (oxidizing) materials, which are space. All cylinders must be secured so likely to become more hazardous to that no shifting occurs in transit. transport by wetting, to keep them [29 FR 18795, Dec. 29, 1964. Redesignated at 32 from being wetted during the loading FR 5606, Apr. 5, 1967] process and to keep them dry during transit. Examples of such dangerous EDITORIAL NOTE: For FEDERAL REGISTER ci- materials are charcoal screenings, tations affecting § 177.838, see the List of CFR Sections Affected which appears in the Find- ground, crushed, or pulverized char- ing Aids section of the printed volume and coal, and lump charcoal. on GPO Access. (c) Lading ventilation, precautions against spontaneous combustion. When- § 177.839 Class 8 (corrosive) materials. ever a motor carrier has knowledge (See also § 177.834(a) through (j).) concerning the hazards of spontaneous (a) Nitric acid. No packaging of nitric combustion or heating of any article to acid of 50 percent or greater concentra- be loaded on a motor vehicle, such arti- tion may be loaded above any pack- cle shall be so loaded as to afford suffi- aging containing any other kind of ma- cient ventilation of the load to provide terial. reasonable assurance against fire from (b) Storage batteries. All storage bat- this cause; and in such a case the teries containing any electrolyte must motor vehicle shall be unloaded as soon be so loaded, if loaded with other lad- as practicable after reaching its des- ing, that all such batteries will be pro- tination. Charcoal screenings, or tected against other lading falling onto ground, crushed, granulated, or pulver- or against them, and adequate means ized charcoal, in bags, shall be so load- must be provided in all cases for the ed that the bags are laid horizontally protection and insulation of battery in the motor vehicle, and so piled that terminals against short circuits. there will be spaces for effective air circulation, which spaces shall not be [Amdt. 177–87, 61 FR 27175, May 30, 1996] less than 10 cm (3.9 inches) wide; and air spaces shall be maintained between § 177.840 Class 2 (gases) materials. rows of bags. Bags shall not be piled (See also § 177.834 (a) to (j).) closer than 15 cm (5.9 inches) from the (a) Floors or platforms essentially flat. top of any motor vehicle with a closed Cylinders containing Class 2 (gases) body. materials shall not be loaded onto any (d)–(e) [Reserved] part of the floor or platform of any (f) Nitrates, except ammonium ni- motor vehicle which is not essentially trate having organic coating, must be flat; cylinders containing Class 2 loaded in closed or open type motor ve- (gases) materials may be loaded onto hicles, which must be swept clean and any motor vehicle not having a floor or be free of any projections capable of in- platform only if such motor vehicle be juring bags when so packaged. When equipped with suitable racks having shipped in open type motor vehicles, adequate means for securing such cyl- the lading must be suitably covered. inders in place therein. Nothing con- Ammonium nitrate having organic tained in this section shall be so con- coating must not be loaded in all-metal strued as to prohibit the loading of vehicles, other than those made of alu- such cylinders on any motor vehicle minum or aluminum alloys of the having a floor or platform and racks as closed type. hereinbefore described.

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(1) Cylinders. Cylinders containing No Division 2.1 (flammable gas) mate- Class 2 gases must be securely re- rial shall be loaded into or on or un- strained in an upright or horizontal po- loaded from any cargo tank motor ve- sition, loaded in racks, or packed in hicles with the engine running unless boxes or crates to prevent the cylinders the engine is used for the operation of from being shifted, overturned or eject- the transfer pump of the vehicle. Un- ed from the motor vehicle under nor- less the delivery hose is equipped with mal transportation conditions. How- a shut-off valve at its discharge end, ever, after December 31, 2003, a pres- the engine of the motor vehicle shall sure relief device, when installed, must be stopped at the finish of such loading be in communication with the vapor or unloading operation while the filling space of a cylinder containing a Divi- or discharge connections are discon- sion 2.1 (flammable gas) material. nected. (2) Cylinders for hydrogen, cryogenic (e) Chlorine cargo tank motor vehi- liquid. A Specification DOT-4L cylinder cles shall be shipped only when containing hydrogen, cryogenic liquid equipped: may only be transported on a motor (1) With a gas mask of a type ap- vehicle as follows: proved by the National Institute of Oc- (i) The vehicle must have an open cupational Safety and Health (NIOSH) body equipped with a suitable rack or Pittsburgh Research Center, U.S. De- support having a means to hold the partment of Health and Human Serv- cylinder upright when subjected to an ices for chlorine service; and acceleration of 2 ‘‘g’’ in any horizontal (2) With an emergency kit for con- direction; trolling leaks in fittings on the dome (ii) The combined total of the hydro- cover plate. gen venting rates, as marked, on the (f) A cargo tank motor vehicle used cylinders transported on one motor ve- for transportation of chlorine may not hicle may not exceed 60 SCF per hour; be moved, coupled or uncoupled, when (iii) The vehicle may not enter a tun- any loading or unloading connections nel; and are attached to the vehicle, nor may it (iv) Highway transportation is lim- be left without the power unit attached ited to private and contract carriage unless the vehicle is chocked or equiva- and to direct movement from point of lent means are provided to prevent mo- origin to destination. tion. For additional requirements, see (b) Portable tank containers con- § 173.315(o) of this subchapter. taining Class 2 (gases) materials shall be loaded on motor vehicles only as fol- (g) Each liquid discharge valve on a lows: cargo tank motor vehicle, other than (1) Onto a flat floor or platform of a an engine fuel line valve, must be motor vehicle. closed during transportation except (2) Onto a suitable frame of a motor during loading and unloading. vehicle. (h) The driver of a motor vehicle (3) In either such case, such con- transporting a Division 2.1 (flammable tainers shall be safely and securely gas) material that is a cryogenic liquid blocked or held down to prevent shift- in a package exceeding 450 L (119 gal- ing relative to each other or to the sup- lons) of water capacity shall avoid un- porting structure when in transit, par- necessary delays during transpor- ticularly during sudden starts and tation. If unforeseen conditions cause stops and changes of direction of the an excessive pressure rise, the driver vehicle. shall manually vent the tank at a re- (4) Requirements of paragraphs (1) mote and safe location. For each ship- and (2) of this paragraph (b) shall not ment, the driver shall make a written be construed as prohibiting stacking of record of the cargo tank pressure and containers provided the provisions of ambient (outside) temperature: paragraph (3) of this paragraph (b) are (1) At the start of each trip, fully complied with. (2) Immediately before and after any (c) [Reserved] manual venting, (d) Engine to be stopped in cargo tank (3) At least once every five hours, and motor vehicles, except for transfer pump. (4) At the destination point.

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(i) No person may transport a Divi- (m) Cargo tank motor vehicle safety sion 2.1 (flammable gas) material that check. Before unloading from a cargo is a cryogenic liquid in a cargo tank tank motor vehicle containing a lique- motor vehicle unless the pressure of fied compressed gas, the qualified per- the lading is equal to or less than that son performing the function must used to determine the marked rated check those components of the dis- holding time (MRHT) and the one-way charge system, including delivery hose travel time (OWTT), marked on the assemblies and piping, that are readily cargo tank in conformance with observed during the normal course of § 173.318(g) of this subchapter, is equal unloading to assure that they are of to or greater than the elapsed time be- sound quality, without obvious defects tween the start and termination of detectable through visual observation travel. This prohibition does not apply and audio awareness, and that connec- if, prior to expiration of the OWTT, the tions are secure. This check must be cargo tank is brought to full equilibra- made after the pressure in the dis- tion as specified in paragraph (j) of this charge system has reached at least section. equilibrium with the pressure in the (j) Full equilibration of a cargo tank cargo tank. Operators need not use in- transporting a Division 2.1 (flammable struments or take extraordinary ac- gas) material that is a cryogenic liquid tions to check components not readily may only be done at a facility that visible. No operator may unload lique- loads or unloads a Division 2.1 (flam- fied compressed gases from a cargo mable gas) material that is a cryogenic tank motor vehicle with a delivery liquid and must be performed and hose assembly found to have any condi- verified as follows: tion identified in § 180.416(g)(1) of this (1) The temperature and pressure of subchapter or with piping systems the liquid must be reduced by a manu- found to have any condition identified ally controlled release of vapor; and in § 180.416(g)(2) of this subchapter. (2) The pressure in the cargo tank (n) Emergency shut down. If there is must be measured at least ten minutes an unintentional release of product to after the manual release is terminated. the environment during unloading of a (k) A carrier of carbon monoxide, cryogenic liquid must provide each liquefied compressed gas, the qualified driver with a self-contained air breath- person unloading the cargo tank motor ing apparatus that is approved by the vehicle must promptly shut the inter- National Institute of Occupational nal self-closing stop valve or other pri- Safety and Health; for example, Mine mary means of closure and shut down Safety Appliance Co., Model 401, cata- all motive and auxiliary power equip- log number 461704. ment. (l) Operating procedure. Each operator (o) Daily test of off-truck remote shut- of a cargo tank motor vehicle that is off activation device. For a cargo tank subject to the emergency discharge motor vehicle equipped with an off- control requirements in § 173.315(n) of truck remote means to close the inter- this subchapter must carry on or with- nal self-closing stop valve and shut off in the cargo tank motor vehicle writ- all motive and auxiliary power equip- ten emergency discharge control proce- ment, an operator must successfully dures for all delivery operations. The test the activation device within 18 procedures must describe the cargo hours prior to the first delivery of each tank motor vehicle’s emergency dis- day. For a wireless transmitter/re- charge control features and, for a pas- ceiver, the person conducting the test sive shut-down capability, the param- must be at least 45.72 m (150 feet) from eters within which they are designed to the cargo tank and may have the cargo function. The procedures must describe tank in his line of sight. the process to be followed if a facility- (p) Unloading procedures for liquefied provided hose is used for unloading petroleum gas and anhydrous ammonia in when the cargo tank motor vehicle has metered delivery service. An operator a specially equipped delivery hose as- must use the following procedures for sembly to meet the requirements of unloading liquefied petroleum gas or § 173.315(n)(2) of this subchapter. anhydrous ammonia from a cargo tank

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motor vehicle in metered delivery serv- (1) The qualified person attending the ice: unloading operation must remain with- (1) For a cargo tank with a capacity in 7.62 m (25 feet) of the cargo tank of 13,247.5 L (3,500 water gallons) or when the internal self-closing stop less, excluding delivery hose and pip- valve is open. ing, the qualified person attending the (2) The qualified person attending the unloading operation must remain with- unloading operation must have an un- in 45.72 meters (150 feet) of the cargo obstructed view of the cargo tank and tank and 7.62 meters (25 feet) of the de- delivery hose to the maximum extent livery hose and must observe both the practicable, except during short peri- cargo tank and the receiving container ods when it is necessary to activate at least once every five minutes when controls or monitor the receiving con- the internal self-closing stop valve is tainer. open during unloading operations that (r) Unloading using facility-provided take more than five minutes to com- hoses. A cargo tank motor vehicle plete. equipped with a specially designed de- (2) For a cargo tank with a capacity livery hose assembly to meet the re- greater than 13,247.5 L (3,500 water gal- quirements of § 173.315(n)(2) of this sub- lons), excluding delivery hose and pip- chapter may be unloaded using a deliv- ing, the qualified person attending the ery hose assembly provided by the re- unloading operation must remain with- ceiving facility under the following in 45.72 m (150 feet) of the cargo tank conditions: and 7.62 m (25 feet) of the delivery hose (1) The qualified person monitoring when the internal self-closing stop unloading must visually examine the valve is open. facility hose assembly for obvious de- (i) Except as provided in paragraph fects prior to its use in the unloading (p)(2)(ii) of this section, the qualified operation. person attending the unloading oper- (2) The qualified person monitoring ation must have an unobstructed view unloading must remain within arm’s of the cargo tank and delivery hose to reach of the mechanical means of clo- the maximum extent practicable, ex- sure for the internal self-closing stop cept during short periods when it is valve when the internal self-closing necessary to activate controls or mon- stop valve is open except for short peri- itor the receiving container. ods when it is necessary to activate (ii) For deliveries where the qualified controls or monitor the receiving con- person attending the unloading oper- tainer. For chlorine cargo tank motor ation cannot maintain an unobstructed vehicles, the qualified person must re- view of the cargo tank, when the inter- main within arm’s reach of a means to nal self-closing stop valve is open, the stop the flow of product except for qualified person must observe both the short periods when it is necessary to cargo tank and the receiving container activate controls or monitor the re- at least once every five minutes during ceiving container. unloading operations that take more (3) If the facility hose is equipped than five minutes to complete. In addi- with a passive means to shut off the tion, by the compliance dates specified flow of product that conforms to and is in §§ 173.315(n)(5) and 180.405(m)(3) of maintained to the performance stand- this subchapter, the cargo tank motor ard in § 173.315(n)(2) of this subchapter, vehicle must have an emergency dis- the qualified person may attend the charge control capability that meets unloading operation in accordance with the requirements of § 173.315(n)(2) or the attendance requirements pre- § 173.315(n)(4) of this subchapter. scribed for the material being unloaded (q) Unloading procedures for liquefied in § 177.834 of this section. petroleum gas and anhydrous ammonia in (s) Off-truck remote shut-off activation other than metered delivery service. An device. For a cargo tank motor vehicle operator must use the following proce- with an off-truck remote control shut- dures for unloading liquefied petroleum off capability as required by gas or anhydrous ammonia from a §§ 173.315(n)(3) or (n)(4) of this sub- cargo tank motor vehicle in other than chapter, the qualified person attending metered delivery service: the unloading operation must be in

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possession of the activation device at proof, dust-proof covers well secured in all times during the unloading process. place on all openings, to accomplish This requirement does not apply if the such loading with the minimum spread activation device is part of a system of such compounds into the atmosphere that will shut off the unloading oper- by all means that are practicable; and ation without human intervention in no such loading or unloading shall be the event of a leak or separation in the done near or adjacent to any place hose. where there are or are likely to be, dur- (t) Unloading without appropriate ing the loading or unloading process emergency discharge control equipment. assemblages of persons other than Until a cargo tank motor vehicle is those engaged in the loading or unload- equipped with emergency discharge ing process, or upon any public high- control equipment in conformance with way or in any public place. Before any §§ 173.315(n)(2) and 180.405(m)(1) of this motor vehicle may be used for trans- subchapter, the qualified person at- porting any other articles, all detect- tending the unloading operation must able traces of arsenical materials must remain within arm’s reach of a means be removed therefrom by flushing with to close the internal self-closing stop water, or by other appropriate method, valve when the internal self-closing and the marking removed. stop valve is open except during short (b) [Reserved] periods when the qualified person must (c) Division 2.3 (poisonous gas) or Divi- activate controls or monitor the re- sion 6.1 (poisonous) materials. The trans- ceiving container. For chlorine cargo portation of a Division 2.3 (poisonous tank motor vehicles unloaded after De- gas) or Division 6.1 (poisonous) mate- cember 31, 1999, the qualified person rial is not permitted if there is any must remain within arm’s reach of a interconnection between packagings. means to stop the flow of product ex- (d) [Reserved] cept for short periods when it is nec- (e) A motor carrier may not trans- essary to activate controls or monitor port a package: the receiving container. (1) Except as provided in paragraph (u) Unloading of chlorine cargo tank (e)(3) of this section, bearing or re- motor vehicles. After July 1, 2001, un- quired to bear a POISON or POISON loading of chlorine from a cargo tank INHALATION HAZARD label or motor vehicle must be performed in placard in the same motor vehicle with compliance with Section 3 of the Chlo- material that is marked as or known to rine Institute Pamphlet 57, ‘‘Emer- be foodstuffs, feed or edible material gency Shut-off Systems for Bulk intended for consumption by humans Transfer of Chlorine’’ (IBR, see § 171.7 or animals unless the poisonous mate- of this subchapter). rial is packaged in accordance with (Approved by the Office of Management and this subchapter and is: Budget under control number 2137–0542) (i) Overpacked in a metal drum as [29 FR 18795, Dec. 29, 1964. Redesignated at 32 specified in § 173.25(c) of this sub- FR 5606, Apr. 5, 1967] chapter; or (ii) Loaded into a closed unit load de- EDITORIAL NOTE: For FEDERAL REGISTER ci- tations affecting § 177.840, see the List of CFR vice and the foodstuffs, feed, or other Sections Affected which appears in the Find- edible material are loaded into another ing Aids section of the printed volume and closed unit load device; on GPO Access. (2) Bearing or required to bear a POI- SON, POISON GAS or POISON INHA- § 177.841 Division 6.1 and Division 2.3 LATION HAZARD label in the driver’s materials. compartment (including a sleeper (See also § 177.834 (a) to (j).) berth) of a motor vehicle; or (a) Arsenical compounds in bulk. Care (3) Bearing a POISON label dis- shall be exercised in the loading and playing the text ‘‘PG III,’’ or bearing a unloading of ‘‘arsenical dust’’, ‘‘arsenic ‘‘PG III’’ mark adjacent to the POISON trioxide’’, and ‘‘sodium arsenate’’, al- label, with materials marked as, or lowable to be loaded into sift-proof, known to be, foodstuffs, feed or any steel hopper-type or dump-type motor- other edible material intended for con- vehicle bodies equipped with water- sumption by humans or animals, unless

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the package containing the Division (b) Packages of Class 7 (radioactive) 6.1, Packing Group III material is sepa- material bearing ‘‘RADIOACTIVE rated in a manner that, in the event of YELLOW-II’’ or ‘‘RADIOACTIVE YEL- leakage from packages under condi- LOW-III’’ labels may not be placed in a tions normally incident to transpor- transport vehicle, storage location or tation, commingling of hazardous ma- in any other place closer than the dis- terials with foodstuffs, feed or any tances shown in the following table to other edible material would not occur. any area which may be continuously occupied by any passenger, employee, [29 FR 18795, Dec. 29, 1964] or animal, nor closer than the dis- EDITORIAL NOTE: For FEDERAL REGISTER ci- tances shown in the table to any pack- tations affecting § 177.841, see the List of CFR age containing undeveloped film (if so Sections Affected which appears in the Find- marked), and must conform to the fol- ing Aids section of the printed volume and lowing conditions: on GPO Access. (1) If more than one of these pack- ages is present, the distance must be § 177.842 Class 7 (radioactive) mate- computed from the following table on rial. the basis of the total transport index (a) The number of packages of Class 7 number determined by adding together (radioactive) materials in any trans- the transport index number on the la- port vehicle or in any single group in bels on the individual packages and any storage location must be limited overpacks in the vehicle or storeroom. so that the total transport index num- (2) Where more than one group of ber does not exceed 50. The total trans- packages is present in any single stor- port index of a group of packages and age location, a single group may not overpacks is determined by adding to- have a total transport index greater gether the transport index number on than 50. Each group of packages must the labels on the individual packages be handled and stowed not closer than and overpacks in the group. This provi- 6 m (20 feet) (measured edge to edge) to sion does not apply to exclusive use any other group. The following table is shipments described in §§ 173.441(b), to be used in accordance with the pro- 173.457, and 173.427 of this subchapter. visions of paragraph (b) of this section:

Minimum separation distance in meters (feet) to nearest undeveloped film Minimum dis- in various times of transit tance in meters (feet) to area of persons, or min- Total transport index imum distance Up to 2 Over 12 in meters (feet) hours 2–4 hours 4–8 hours 8–12 hours hours from dividing partition of cargo compartments

None ...... 0.0 (0) 0.0 (0) 0.0 (0) 0.0 (0) 0.0 (0) 0.0 (0) 0.1 to 1.0 ...... 0.3 (1) 0.6 (2) 0.9 (3) 1.2 (4) 1.5 (5) 0.3 (1) 1.1 to 5.0 ...... 0.9 (3) 1.2 (4) 1.8 (6) 2.4 (8) 3.4 (11) 0.6 (2) 5.1 to 10.0 ...... 1.2 (4) 1.8 (6) 2.7 (9) 3.4 (11) 4.6 (15) 0.9 (3) 10.1 to 20.0 ...... 1.5 (5) 2.4 (8) 3.7 (12) 4.9 (16) 6.7 (22) 1.2 (4) 20.1 to 30.0 ...... 2.1 (7) 3.0 (10) 4.6 (15) 6.1 (20) 8.8 (29) 1.5 (5) 30.1 to 40.0 ...... 2.4 (8) 3.4 (11) 5.2 (17) 6.7 (22) 10.1 (33) 1.8 (6) 40.1 to 50.0 ...... 2.7 (9) 3.7 (12) 5.8 (19) 7.3 (24) 11.0 (36) 2.1 (7)

NOTE: The distance in this table must be measured from the nearest point on the nearest packages of Class 7 (radioactive) material.

(c) Shipments of low specific activity tion during conditions normally inci- materials and surface contaminated dent to transportation. objects, as defined in § 173.403 of this (e) Persons should not remain unnec- subchapter, must be loaded so as to essarily in a vehicle containing Class 7 avoid spillage and scattering of loose (radioactive) materials. materials. Loading restrictions are set (f) The number of packages of fissile forth in § 173.427 of this subchapter. Class 7 (radioactive) material in any (d) Packages must be so blocked and non-exclusive use transport vehicle braced that they cannot change posi- must be limited so that the sum of the

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criticality safety indices (CSIs) does words ‘‘For Radioactive Materials Use not exceed 50. In loading and storage Only’’ in lettering at least 7.6 cm (3 areas, fissile material packages must inches) high in a conspicuous place, on be grouped so that the sum of CSIs in both sides of the exterior of the vehi- any one group is not greater than 50; cle. These vehicles must be kept closed there may be more than one group of at all times other than loading and un- fissile material packages in a loading loading. or storage area, so long as each group (c) In case of fire, accident, breakage, is at least 6 m (20 feet) away from all or unusual delay involving shipments other such groups. All pertinent re- of Class 7 (radioactive) material, see quirements of §§ 173.457 and 173.459 §§ 171.15, 171.16 and 177.854 of this sub- apply. chapter. (g) For shipments transported under (d) Each transport vehicle used to exclusive use conditions the radiation transport Division 6.2 materials must dose rate may not exceed 0.02 mSv per be disinfected prior to reuse if a Divi- hour (2 mrem per hour) in any position sion 6.2 material is released from its normally occupied in the motor vehi- packaging during transportation. Dis- cle. For shipments transported as ex- infection may be by any means effec- clusive use under the provisions of tive for neutralizing the material re- § 173.441(b) of this subchapter for pack- leased. ages with external radiation levels in excess of 2 mSv (200 mrem per hour) at [Amdt. 177–3, 33 FR 14933, Oct. 4, 1968, as amended by Amdt. 177–35, 41 FR 16131, Apr. the package surface, the motor vehicle 15, 1976; Amdt. 177–57, 48 FR 10247, Mar. 10, must meet the requirements of a closed 1983; Amdt. 177–78, 55 FR 52712, Dec. 21, 1990; transport vehicle (see § 173.403 of this Amdt. 177–85, 60 FR 50335, Sept. 28, 1995; 63 subchapter). The sum of criticality FR 52850, Oct. 1, 1998; 65 FR 58631, Sept. 29, safety indices (CSIs) for packages con- 2000; 67 FR 53142, Aug. 14, 2002] taining fissile material may not exceed 100 in an exclusive use vehicle. Subpart C—Segregation and Sep- [Amdt. 177–85, 60 FR 50334, Sept. 28, 1995, as aration Chart of Hazardous amended at 63 FR 52850, Oct. 1, 1998; 66 FR Materials 45385, Aug. 28, 2001; 69 FR 3696, Jan. 26, 2004] § 177.848 Segregation of hazardous ma- § 177.843 Contamination of vehicles. terials. (a) Each motor vehicle used for (a) This section applies to materials transporting Class 7 (radioactive) ma- which meet one or more of the hazard terials under exclusive use conditions classes defined in this subchapter and in accordance with § 173.427(b)(3) or (c) are: or § 173.443(c) of this subchapter must (1) In packages which require labels be surveyed with radiation detection in accordance with part 172 of this sub- instruments after each use. A vehicle chapter; may not be returned to service until (2) In a compartment within a multi- the radiation dose rate at every acces- compartmented cargo tank subject to sible surface is 0.005 mSv per hour (0.5 the restrictions in § 173.33 of this sub- mrem per hour) or less and the remov- chapter; or able (non-fixed) radioactive surface (3) In a portable tank loaded in a contamination is not greater than the transport vehicle or freight container. level prescribed in § 173.443(a) of this (b) When a transport vehicle is to be subchapter. transported by vessel, other than a (b) This section does not apply to any ferry vessel, hazardous materials on or vehicle used solely for transporting within that vehicle must be stowed and Class 7 (radioactive) material if a sur- segregated in accordance with vey of the interior surface shows that § 176.83(b) of this subchapter. the radiation dose rate does not exceed (c) In addition to the provisions of 0.1 mSv per hour (10 mrem per hour) at paragraph (d) of this section and except the interior surface or 0.02 mSv per as provided in § 173.12(e) of this sub- hour (2 mrem per hour) at 1 meter (3.3 chapter, cyanides, cyanide mixtures or feet) from any interior surface. These solutions may not be stored, loaded vehicles must be stenciled with the and transported with acids if a mixture

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