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806 Subpart B—Loading and Unloading

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806 Subpart B—Loading and Unloading § 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 806 VerDate Aug<31>2005 03:08 Dec 05, 2006 Jkt 208209 PO 00000 Frm 00816 Fmt 8010 Sfmt 8010 Y:\SGML\208209.XXX 208209 jcorcoran on PRODPC62 with CFR Pipeline and Hazardous Materials Safety Admin., DOT § 177.834 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. 807 VerDate Aug<31>2005 03:08 Dec 05, 2006 Jkt 208209 PO 00000 Frm 00817 Fmt 8010 Sfmt 8010 Y:\SGML\208209.XXX 208209 jcorcoran on PRODPC62 with CFR § 177.834 49 CFR Ch. I (10–1–06 Edition) (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.
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