WAL-MART — Hazardous Materials Safety Interpretation

Page 1U.S. Department o f Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave., SE Washington, DC 20590 Mr. Mickey R. Dragash WAL-MART Legal Department Logistics Division 601 North Walton Blvd, MS L20 Bentonville, Arkansas 727 16-07 10 Ref. No.: 08-0133 Dear Mr. Dragash: This responds to your letter dated April 30,2008, regarding requirements under the Hazardous Materials Regulations (HMR; 49 CFR, Parts 171-1 80) that apply to loading hazardous materials on the rear of a trailer for purposes of inspection. You provided the following scenario: Wal-Mart regularly transports hazardous material commodities by its private fleet. Frequently, local law enforcement will stop Wal-Mart vehicles and request that the drivers make hazardous material shipments available for inspection. Many times Wal- Mart is unable to comply because the hazardous material shipment may be loaded anywhere throughout the trailer with multiple general merchandise shipments loaded behind it. Local law enforcement takes the position that the hazardous material shipment should be loaded on the rear of the trailer. Since the shipment is not on the rear, the Officer will direct the Wal-Mart driver to the nearest rest stop location, citing 49 CFR 177.802, and order that the trailer be unloaded so that the Officer can view the shipment. This causes Wal-Mart considerable hardship from both an economic and productivity standpoint. It is your understanding that 49 CFR 177.802 does not require loading of hazardous materials shipments on the rear of a trailer for inspection. Your understanding is correct. Nothing in the HMR specifies that hazardous materials shipments must be loaded on the rear of a transport vehicle. In accordance with 49 CFR 177.802, records, equipment, packagings and containers under the control of a motor carrier, insofar as they affect safety in'transportation of hazardous materials by motor vehicle, must be made available for examination and inspection by a duly authorized#

Page 2representative of the Department. I hope this satisfies your inquiry. If we can be of further assistance, please contact us. Sincerely, $LdfT 9~tj@/L Edward T. Mazzullo Director Office of Hazardous Materials Standards#

Page 3LEGAL DEPARTMENT LOGISTICS DIVISION - ~ ~ s ~ e c - t c o r ? 08-0 133 CORPORATE OFFICES 601 North Walton Blvd., MS L20 Bentonville, Arkansas 72716-0710 (479) 277-0995 MickDragash@walmartlegal.com Mick R. Dragash Assistant General Counsel April 30,2008 VIA REGULAR U.S. MAIL Office of Hazardous Materials Standards Pipeline & Hazardous Materials Safety Administration Attn: PHH-10 U. S. Department of Transportation, East Building 1200 New Jersey Avenue, S.E. . Washington, DC 20590-0001 We: HMR: 49 CFR 6 177.802 (Inspection) To Whom It May Concern: I am requesting formal guidance a d clarification regarding the regulation referenced above. In Wal-Mart's experience, local law enforcement officials tend to be conbsed with the p&pose of this regulation. An interpretation from the Pipeline and ~azardous Materials Safety Administration ("PHMSA') would clarify this regulation's application to the special circumstances encountered by Wal-Mart. As a iiational' retailer, Wal-Mart regularly transports hazardous material commodities by its private fleet. Frequently, local law enforcement will stop Wal-Mart vehicles and request that the drivers make hazardous material shipments. available for inspection. Many times, Wal-Mart is unable to comply with the demand because the hazardous material shipment may be loaded anywhere throughout the trailer with multiple general m&li&dise shipments loaded behind it. Local law enforcement takes the position that the hazardous material shipment should be loaded on the rear of the trailer. Since the shifiheni is not on the rear. .the officer will direct the Wal-Mart driver to the nearest rest stop location, citing 49 CFR j 177.802, and order that the trailer be L , I \ ' 1 - ' . CORPORATE EMPLOYMENT INTERNATIONAL LITIGATION LOGISTICS REAL , . ESTATE SAM'S CLUB WALMART STORES#

Page 4unloaded so that the officer can view the shipment. Obviously, this causes Wal-Mart considerable hardship fiom both an economic and productivity standpoint. It is Wal-Mart's contention that the regulation does not require it to load hazardous material shipments on the rear of a trailer for inspection. Therefore, since the PHMSA has not previously provided any review or analysis of this regulation, Wal-Mart respectfblly requests an interpretation specifically addressing this fact pattern. Sincerely, CORPORATE 0 EMPLOYMENT INTERNATIONAL LITIGATION LOGISTICS REAL ESTATE SAM'S CLUB WAL-MART STORES#