{"operation":"document","citation":"04-0117","title":"Fomo Products Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-09-07","effective_on":null,"summary":"04-0117 response to Fomo Products Inc. concerning 177.840.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0117.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0117.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0117","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040117.pdf","body":"<<<PAGE 1>>>\n\n400 Seventh St., S.W.\nWashington, D.C. 20590\nSpecial Programs\nResearch and\nSEP\nAdministration\n/ 2004\nMr. Timothy J. Eberling\nSafety and Regulatory Manager\nReference No.: 04-0117\nFomo Products Inc\n2775 Barber Road\nNorton, Ohio 44203\nDear Mr. Eberling:\nThis is in response to your letter dated May 4, 2004 regarding the loading requirements\nfor Class 2 (gases) under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-\n180). Specifically, you ask whether the requirements in § 177.840(a) prohibit DOT 39\nspecification cylinders that are packaged in 4G packaging and palletized from being\ndoubled stacked.\nmaterials may be stacked or \"double stacked\" in a transport vehicle provided, as stated in\nThe answer is no. Non-bulk packagings including cylinders containing hazardous\n§ 177.840(a) the floor or platform is essentially flat. Although, the HMR do not prohibit\nstacking, a person loading hazardous materials in non-bulk packagings (e.g., 4G boxes)\ninto a transport vehicle must determine whether stacking could reduce the integrity of the\npackages.\nI trust this satisfies your request.\nSincerely,\nHattie L- Mitchel\n+ (Office of Hazardous Materials Standards\nW' Chief, Regulatory Review and Reinvention\n040117\n\n<<<PAGE 2>>>\n\nMay 4 2004\n9:24\nP.01\nFomo Products, Inc.\nA Member of the FLM Group of Companies\nMay 4, 2004\nBetts\n2004\nResearch and Special Programs Administration\nU.S. Department of Transportation\nWebb\nOffice of Hazardous Materials Standards\n400 Seventh Street S.W.\nAttention: Mr. Ed Mazzullo\n$177.840\nWashington D.C. 20590\nCylinders\nDear Mr. Mazzullo:\n04-0117\npart basically states that \"Cylinders containing Class 2 (gases) materials shall not be loaded onto any part of the floor or\nThis letter is to provide an official request for written interpretation of a part of the 49 CFR. Part 177.840 to be specific. This\nplatform of any motor vehicle which is essentially not flat;....\" This in turn is being interpreted as that we cannot double stack\npoly-urethane insulating sealant foam that is dispensed out of DOT 39 specification cylinders that are individually or doubly\neven the carrier protects/prevents against movement by securing his lading which they have to do anyway. Our product is a\neach layer, 2 layers to each pallet. The top of the pallet is as flat as the floor of the transportation unit and creates the same area\npacked into UN tested and approved 4G corrugated packaging with a 44 ECT test rating and then stacked onto pallets, 13 to\non the top of the loaded pallet as the pallet area itself 48 inches by 48 inches. These 4G's are stack tested to 270 pounds each.\nThese products are shipped as Compressed Gases n.o.s. (fluorocarbon) UN1956 2.2. The 2.2 gas is not the only material in the\ncarriers refuse to double stack this product because of their interpretation of this part of the regulations since we do ship Class 2\ncontainer as a matter of fact the gas makes up only about 20% of the filled material in each container. We have had some\nI have solicited and received a verbal interpretation from the DOT hazardous materials hot line that basically had agreed with\nshrink wrapped to form a solid base with which to stack safely upon. Furthermore they stated that the requirements of 177.834\nmy interpretation that 177.840 does not apply to our Class 2 product since the cylinders are packaged in 4G's and they are\nspecifically paragraphs (a) and (b) are more applicable to our product then the 177.840. I even asked the gentleman assisting\nthis section and they both agreed as I have stated here.\nme to double check with another person in the department to make sure what they interpreted was their true understanding of\nproduct as described because it is currently causing a financial hardship for our company. I am also forwarding a copy of this\nCan you please request that you expedite your reply as to the intent of the 177:840 and whether or not it is applicable to our\nrequest by fax to help speed the reply if possible. We appreciate your quick response and thank you for your involvement in\nthis our first ever request for written interpretation.\nRegards,\nhistle helis\nTantand eeritory Manager\nFomo Products Inc.\n2775 Barber Road\n(330) 753-4585 ext. 192\nNorton, Ohio 44203\nFax (330) 753-5199\nE-mail\nteberling@fomo.com\nCc. T. Fishback\nP. Hurray\nM. Karr\n2775 Barber Road • P.O. Box 1078 • Norton, Ohio 44203 USA\nE-mail: info@fomo.com • Web: www.fomo.com\nTel: 330-753-4585 • Fax 330-753-5199","truncated":false,"body_characters":4456}