{"operation":"document","citation":"02-0142","title":"White House Sales — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2002-08-06","effective_on":null,"summary":"02-0142 response to White House Sales concerning 177.848.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0142.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0142.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0142","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020142.pdf","body":"<<<PAGE 1>>>\n\n....\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nResearch and\nAUG 6 2002\nWashington, D.C. 20590\nSpecial Programs\nAdministratior\nMr. Mark Frese..:\nReference No.: 02-0142\nAssistant Manager\nWhite House Sales\n....\n6959 Eastside Road\nRedding, CA 96001\nDear Mr. Frese:\nThis is in response to your letter requesting clarification on proper segregation and separation of\ncertain products under the Hazardous Materials Regulations (HMR, 49 CFR Parts 171-180).\n15 pounds of Bromine tablets (a Division 5.1 oxidizer) from öre or more 52-gallon drums\nYou state that your company was recently cited for failing to properly segregate a pail containing\ncontaining a 12.5% Sodium hypochlorite solution (a Class 8 corrosive liquid).\nmagistrate that conducts a hearing on the citation your company received, and any opinion we\nWe hope you understand that RSPA cannot substitute our judgment for that of a judge or\nprovide is based solely on the information provided by you without an opportunity for the\nauthority issuing the citation to present its views and any additional information.\nBased on your letter and the enclosed pictures, we understand that the pail containing Bromine\ntablets was secured to the side gate of your truck with a bungee cord; behind the pail was a\ncardboard box; and behind the box (in the back corner of the truck bed) was one drum of Sodium\nhypochlorite solution, also secured to the side gate of the truck with rope. The pictures also seem\nto indicate that a second drum containing a corrosive material was also located in the opposite\nrear corner of the truck bed. You asked whether this arrangement meets the requirements of 49\nCFR § 177.848(e)(3), which provides that a Class 8 corrosive liquid and a Division 5.1 oxidizer\nmay not be loaded, transported, or stored together in the same transport\nrehicle or stored together during the course of transportation unles;\neparated in a manner that, in the event of leakage from packages unde\nconditions normally incident to transportation, commingling of hazardous\nmaterials would not occur.\nIn the situation you present, it does not appear that the location of these packages on your truck,\nincluding the cardboard box in between the pail and one of the drums, would be sufficient to\nprevent the commingling of the two hazardoús materials in the event of a failure of the primary\ncontainers of both of them (i.e., Bromine tablets were released from the pail and Sodium\nhypochlorite solution leaked from the drums)). In the event of leakage from the pail and a\ndrum, the cardboard box (even if secured to prevent its movement) does not appear to provide a\n177.848 (e) (3)\n020142\n\n<<<PAGE 2>>>\n\nbarrier that would prevent the Sodium hypochlorite solution from mixing with the Bromine\ntablets. On the other hand, if one or more pails of Bromine tablets were placed in a secondary\ncontainer (such as the tote bins shown in the pictures), and located away from drums containing a\ncorrosive liquid, that arrangement would appear to prevent Sodium hypochlorite solution that\nleaked from a drum from mixing with Bromine tables that were released from the pail.\nI hope you find this information helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\nEdult Mozale\n: 71\nEdward 17 Mazzulic\nDirector, Office of Hazardous\nMaterials Standards\nAR 1:\n\n<<<PAGE 3>>>\n\nWHITE HOUSE SALES\n6959 Eastside Road\nOfficial Interpretation Request\nPhone (530) 241-2087\nRedding, CA 96001\nTo: U.S. D.O.T. Research and Special Programs Administration (RSPA)\nFax 1530) 241-6743\nRe: Official interpretation request for Part 177.848 (e)(3) of the CFR 49,\n$177.848 (la\nSegregation of Hazardous Materials.\nSegregation\n0z-\n0122\nThe hazardous materials in question in this particular case are:\nOxidizers 5.1 and Corrosives 8\nhazardous materials (by highway) on a daily basis on single-axle, stake bed trucks with gross vehicle weights of\nWhite House Sales (WHS) is a wholesale distributor of pool and spa chemicals and equipment. We transport\nless than 26,000 Ibs. Our terminal inspections, transportation records, and hazardous material driver training\nprograms are exemplary.\nRecently WHS received a citation for having impropersegregation between the above-mentioned hazardous\ncontained in a D.O.T. approved plastic pail, secured with a rubber bungee cord to the side gate of our trück.\nmaterials. The Oxidizer was (1) 15 lb. container of Bromine tablets (Bromo-Chloro-Dimetaylhydantoin),\nfilled with miscellaneous pool parts. There was no other, freight in front of, or adjacent to, this 5.1 Oxidizer pail.\nDirectly adjacent to the 5.1 Oxidizer pail (on one side) was a non-hazardous, non-chemical, cardboard box\n12.5% (Sodium Hypochlorite Solution), which is a Corrosive. This too was properly secured to the side gates of\nDirectly adjacent to the non-hazardous, non-chemical box of parts was (1) 52 gal. drum of Liquid Chlorine\nthe truck with rope.\nBoth hazardous containers were properly secured against, movement as well as marked and labeled for\nhighway transportation according to the CFR 49 codebook.;\nI am aware of the wording of part 177.848 and the hazardous material segregation chart and realize that it is\nprimarily left to the interpretation of the involved law enforcement personnel. However, the wording is fairly\nvague and does not state any actual \"distances\" that must be maintained between these materials. I believe that\nreactive, non-combustible box of freight, and in the event of leakage from packages under conditions normally\nWHS did maintain proper physical segregation between these two materials by separating them with the non-\nincident to transportation, commingling of said hazardous materials would not have occurred.\nI am sending copies of the photographs taken at the scene and would truly appreciate your official\ninterpretation of this matter.\nSincerely,\nMark Frese\nAsst. Manager\nmfrese@chemquip.com\nWholesale Distributors of Chemicals & Equipment for Swimming Pools, Spas & Associated Industries","truncated":false,"body_characters":6027}