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InstituteInterpretations SpotlightSmoking - HazmatHazmat SafetyHazmat: HighwayHazmat EdgeFocus AreaEnglishAnalysisTransportationUSA

Electronic cigarettes near hazardous materials

Regulation

177.834(c)

Regulation summary

Section 177.834(c) establishes the general restrictions for smoking within 25 feet of certain hazardous materials.

Question/Dilemma

In this scenario, a shipper requests clarification on the use of electronic cigarettes. The carrier asks if e-cigarettes fall into the same category as lit cigarettes.

In this interpretation, PHMSA addresses the applicability of rules for e-cigarettes

Interpretation summary

In interpretation Ref. No. 13-0079, PHMSA advises that the requirement prohibiting smoking during loading and unloading of the types of materials listed in 177.834(c) is intended to address lit tobacco products.

177.834(c) prohibits smoking within 25 feet of any:

  • Class 1 (explosive),
  • Class 3 (flammable liquid),
  • Class 4 (flammable solid),
  • Class 5 (oxidizer), or
  • Division 2.1 (flammable gas).

E-cigarettes operate on a battery power, and without the application of an open flame, the use of these products does not fall under the scope of prohibited activities under 177.834(c).

hazmat-highway
Hazmat: Highway
HAZMAT EDGE

Regulation

177.834(c)

Regulation summary

Section 177.834(c) establishes the general restrictions for smoking within 25 feet of certain hazardous materials.

Question/Dilemma

In this scenario, a shipper requests clarification on the use of electronic cigarettes. The carrier asks if e-cigarettes fall into the same category as lit cigarettes.

In this interpretation, PHMSA addresses the applicability of rules for e-cigarettes

Interpretation summary

In interpretation Ref. No. 13-0079, PHMSA advises that the requirement prohibiting smoking during loading and unloading of the types of materials listed in 177.834(c) is intended to address lit tobacco products.

177.834(c) prohibits smoking within 25 feet of any:

  • Class 1 (explosive),
  • Class 3 (flammable liquid),
  • Class 4 (flammable solid),
  • Class 5 (oxidizer), or
  • Division 2.1 (flammable gas).

E-cigarettes operate on a battery power, and without the application of an open flame, the use of these products does not fall under the scope of prohibited activities under 177.834(c).

Answer