Owner-Operator Independent Drivers Association, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department ashington. DC 205 00 New Jersey Ave.. S Pipeline and Hazardous Administration Materials Safety SEP 1 9 2007 Mr. Kip Hough Owner-Operator Independent Drivers Association, Inc. Reference No. 07-0150 1 NW OÓIDA Drive P.O. Box 1000 Grain Valley, MO 64029 Dear Mr. Hough, This is in response to your recent letter to the Federal Motor Carrier Safety Administration asking if any Federal regulations apply to loading and unloading Division 1.1 to 1.6 (explosive) materials in a refrigerated motor vehicle with a wooden floor. Your letter was forwarded to the Office of Hazardous Materials Standards, Pipeline and Hazardous Materials Safety Administration, for reply. This agency is responsible for promulgating the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180), which regulate the commercial transportation of hazardous materials in the United States. The loading and unloading requirements for explosives in a motor vehicle are prescribed in §§ 177.834 and 177.835 of the HMR. They require extreme care to be taken in loading, unloading, securing, and handling packages containing explosives so they are not exposed to any impact, projection, source of ignition, or damage that could cause these materials to react. Section § 177.835(f) also requires motor vehicles transporting a Division 1.1, 1.2, or 1.3 material to have floors that are tight (e.g., constructed closely so there are few or no intervening spaces). This section also requires the vehicle's interior cargo space be in good condition so there will be no likelihood the packages will be damaged by exposed bolts, is in contact with the load must be lined with either non-metallic material or non-ferrous nuts, broken side panels, floor boards or similar projections. Any portion of the interior that metals. Exceptions from lining the interior are provided for truck load shipments loaded by the U.S. Department's of the Army, Navy, or Air Force provided the Class 1 (explosive) materials are not likely to leak dust, powder, or vapor that may cause an explosion. Also, by Fail or es mus comply with si by am orih rel inmen i preded fed in ansporation 174.104(b)(6), (b)(7), and (b)(8), and 176.170(c), respectively. 177.834010 070150 177.835#

Page 2specific range the temperature of certain explosives from manufacture to delivery. If a motor vehicle's temperature control equipment includes a heater, please note that it must be rendered inoperable in accordance with § 177.834(I)(1). I hope this satisfies your request. Sincerely Hittis Hattie L. Mitchell, Chief Office of Hazardous Materials Standards Regulatory Review and Reinvention#

Page 3Edmonson 8117:834 Owner-Operator Independent Drivers Association Inc. Loading Unloading 07-0150 National Headquarters: OOIDA Building • I-70 at Grain Valley Exit 1 NW OOIDA Drive • P O Box 1000 • Grain Valley, Missouri 64029 e-mail: ooida@ooida.com • web site: www.ooida.com Tel: 816) 229-5791- Fax: (816) 229-0518 June 5, 2007 Federal Motor Carrier Safety Administration 1220 New Jersey Avenue SE Hazardous Materials Specialist Washington DC 20590 hazardous material. The shipper informed him that Class 1.1 through 1.6 couldn't be We have a member of our association that has been has been refused a load of Class 1, loaded on a refrigerated unit with a wooden floor. Are there any regulations regarding the loading and unloading of Class 1 material on a refrigerated unit with a wooden floor? Please forward your response to address on letterhead. Thank you for your assistance, Kip Hough#