ISK Magnetics, Inc. — Hazardous Materials Safety Interpretation

Page 1400 Seventh St., S.W. Washington, D.C. 20590 Research and Special Programs Administration MAY 2 1 2002 Ms. Mana House Ref. No. 02-0113 Customer Service Manager ISK Magnetics, Inc. 600 Montgomery Street, 38'h Floor San Francisco, CA 94111 Dear Ms. House: This responds to your April 5, 2002 letter requesting clarification on § 177.838(a) of the Hazardous Materials Regulations (HMR; 49 CFR Parts. 171-180). Specifically, you ask if § 177.838(a) authorizes you to ship your Division 4.2 material on a flat-bed truck or on a soft-side trailer, and how to load the material onto these types of vehicles. Your understanding of §177.838(a) is correct. All of the hazardous material must be contained entirely within the body of the motor vehicle and be covered by a tarpaulin or other suitable means, and, if the motor vehicle has a tailboard or tailgate, it must be closed and secured in place during transportation. In addition, shipment in water-tight bulk containers need not be covered by a tarpaulin or other means. The use of a flat-bed truck or soft-sided trailer is authorized provided the hazardous material is completely contained within the body of the motor vehicle, e.g., the material does not extend beyond the vertical planes projected from the outer edges of the transport vehicle, and, is completely covered by a tarpaulin if using a flat-bed truck. In addition to loading guidance provided in § 177.838 of the HMR, procedures for blocking and bracing the material on the truck is covered in more detail under the Federal Motor Carrier Safety Regulations contained in 49 CFR Parts 390-397. T hope this answers your inquiry. Sincerely, Den HaSills Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards 177.838 HINANIN 020113#

Page 2ISK MAGNETICS, INC. San Francisco, California 600 Monrgomery Street, 38th Floor Boothe S.A. 9411 $177.838 lephone 415.249.47 Highway ISKMAGNETICS April 5, 2002 Mr. Edward Mazzullo Director, Office of Hazardous Materials Standards USDOT / RSPA (DHM-10) 400 7* Street SW Washington, D.C. 20590 - 0001 Dear Mr. Mazzulio: Can you piease provide us with a written interpretation of Section 177.838 in the 49CFR: (a) Lading within body...?: Does this mean that as long as the material is not coming off the edge of the truck, the transportation method is acceptable to the DOT?. *:J9 ;00M2G ISK ships Magnetic Iron Oxide in 1H2 drums [Self-heating solid, inorganic n.o.s., (ferroso ferric oxide), 4.2 UN3190]. This material has always been shipped in a van-type trailer. According to sectior: 177.838, it seems this material can be shipped on, for there a rule on how the material should be secured to the flat-bed? example, a flat-bed truck as long as the drums are covered by a tarp? If ok, is Also, can this material be shipped in a "soft-side" trailer? Is there also a rule on how to secure the material on this type of trailer? Thank you for your assistance. Best regards, Ms. Mana House Customer Service Manager Co: Cameron - Hazardous Materials Information Center (202) 366-3012#