Interpretation Response #17-0089
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Wisconsin State Patrol SE Region
Individual Name: Mark Butler
Location State: WI Country: US
View the Interpretation Document
Response text:
February 12, 2018
Mark Barlar
Wisconsin State Patrol SE Region
21115 East Moreland Boulevard
Waukesha, WI 53186
Reference No. 17-0089
Dear Mr. Barlar:
This letter is in response to your August 15, 2017, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to Special Provision 165. You describe a scenario in which 32 pails of "UN2880, Calcium hypochlorite, hydrated mixtures" are shrink-wrapped to two pallets and transported in a 53‑ft semi-trailer with no ventilation system. You ask whether the above scenario would be considered "adequately ventilated" in accordance with Special Provision 165.
Published December 20, 2004, the HM-215G final rule (69 FR 76043) added Special Provision 165 to harmonize with the United Nations Recommendations on the Transport of Dangerous Goods. The preamble of the rule states:
Special Provision 165 provides latitude for compliance with the ventilation and ambient heat requirements. Proper ventilation and protection from ambient heat can be achieved during the loading process of the cargo transport units and throughout the transportation cycle by allowing adequate space for air movement around the calcium hypochlorite packages.
The HMR do not necessarily require a ventilation system for a semi-trailer transporting hazardous materials. However, the scenario you describe does not provide enough information to determine whether the trailer is adequately ventilated. Additional factors—to include outside temperature, transportation distance, and space within the trailer—can affect the temperature and ventilation within a trailer. Shippers and carriers should use discretion in complying with this requirement.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division