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Interpretation Response #10-0208

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 12-21-2010
Company Name: Boyle Transportation    Individual Name: Mr. Steven P. Norbeck, CDS
Location state: MA    Country: US

View the Interpretation Document

Response text:

December 21, 2010



Mr. Steven P. Norbeck, CDS
Safety Manager
Boyle Transportation
15 Riverhurst Road
Billerica, MA 01821

Ref. No.: 10-0208

Dear Mr. Norbeck:

This responds to your September 21, 2010 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically you ask if § 177.848(g)(3)(vi) refers to a transport vehicle or a motor vehicle.

Section 177.848(g)(3)(vi) was added in a final rule [64 FR 10742; Docket HM-215C] on March 5, 1999 entitled "Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization"s Technical Instructions." While no explanation is provided in the final rule as to the intent of the term vehicle, the United Nations Recommendations on the Transport of Dangerous Goods (Sixteenth revised edition) Section 1.2.1 states that vehicle means "a road vehicle (including an articulated vehicle, i.e., a tractor and semi-trailer combination), railroad car or railway wagon. Each trailer shall be considered as a separate vehicle." The definition of transport vehicle in § 171.8 includes the clarifying phrase ""each cargo-carrying body (trailer, rail car, etc.) is a separate transport vehicle." Further, as you indicate in your letter, the term transport vehicle is used on three separate occasions in § 177.848(g) to distinguish the type of vehicle in which explosives must be segregated or must not be coloaded. For these reasons, we are of the opinion that the term vehicle, as used in § 177.848(g)(3)(vi), means transport vehicle. We intend to clarify this distinction in a future rulemaking.

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.


Ben Supko
Acting Chief, Standards Development Branch
Standards and Rulemaking Division

177.848(g), 171.8

Regulation Sections

Section Subject
§ 177.848 Segregation of hazardous materials