{"operation":"document","citation":"08-0133","title":"WAL-MART — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-10-17","effective_on":null,"summary":"08-0133 response to WAL-MART concerning 177.802.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0133.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0133.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0133","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080133.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\no f Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave., SE\nWashington, DC 20590\nMr. Mickey R. Dragash\nWAL-MART\nLegal Department\nLogistics Division\n601 North Walton Blvd, MS L20\nBentonville, Arkansas 727 16-07 10\nRef. No.: 08-0133\nDear Mr. Dragash:\nThis responds to your letter dated April 30,2008, regarding requirements under the\nHazardous Materials Regulations (HMR; 49 CFR, Parts 171-1 80) that apply to loading\nhazardous materials on the rear of a trailer for purposes of inspection.\nYou provided the following scenario:\nWal-Mart regularly transports hazardous material commodities by its private fleet.\nFrequently, local law enforcement will stop Wal-Mart vehicles and request that the\ndrivers make hazardous material shipments available for inspection. Many times Wal-\nMart is unable to comply because the hazardous material shipment may be loaded\nanywhere throughout the trailer with multiple general merchandise shipments loaded\nbehind it. Local law enforcement takes the position that the hazardous material shipment\nshould be loaded on the rear of the trailer. Since the shipment is not on the rear, the\nOfficer will direct the Wal-Mart driver to the nearest rest stop location, citing 49 CFR\n177.802, and order that the trailer be unloaded so that the Officer can view the shipment.\nThis causes Wal-Mart considerable hardship from both an economic and productivity\nstandpoint. It is your understanding that 49 CFR 177.802 does not require loading of\nhazardous materials shipments on the rear of a trailer for inspection.\nYour understanding is correct. Nothing in the HMR specifies that hazardous materials\nshipments must be loaded on the rear of a transport vehicle. In accordance with 49 CFR\n177.802, records, equipment, packagings and containers under the control of a motor\ncarrier, insofar as they affect safety in'transportation of hazardous materials by motor\nvehicle, must be made available for examination and inspection by a duly authorized\n\n<<<PAGE 2>>>\n\nrepresentative of the Department.\nI hope this satisfies your inquiry. If we can be of further assistance, please contact us.\nSincerely,\n$LdfT 9~tj@/L\nEdward T. Mazzullo\nDirector\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nLEGAL DEPARTMENT\nLOGISTICS DIVISION\n- ~ ~ s ~ e c - t c o r ?\n08-0 133 CORPORATE OFFICES\n601 North Walton Blvd., MS L20\nBentonville, Arkansas 72716-0710\n(479) 277-0995\nMickDragash@walmartlegal.com\nMick R. Dragash\nAssistant General Counsel\nApril 30,2008\nVIA REGULAR U.S. MAIL\nOffice of Hazardous Materials Standards\nPipeline & Hazardous Materials Safety Administration\nAttn: PHH-10\nU. S. Department of Transportation, East Building\n1200 New Jersey Avenue, S.E. .\nWashington, DC 20590-0001\nWe: HMR: 49 CFR 6 177.802 (Inspection)\nTo Whom It May Concern:\nI am requesting formal guidance a d clarification regarding the regulation\nreferenced above. In Wal-Mart's experience, local law enforcement officials tend to be\nconbsed with the p&pose of this regulation. An interpretation from the Pipeline and\n~azardous Materials Safety Administration (\"PHMSA') would clarify this regulation's\napplication to the special circumstances encountered by Wal-Mart.\nAs a iiational' retailer, Wal-Mart regularly transports hazardous material\ncommodities by its private fleet. Frequently, local law enforcement will stop Wal-Mart\nvehicles and request that the drivers make hazardous material shipments. available for\ninspection. Many times, Wal-Mart is unable to comply with the demand because the\nhazardous material shipment may be loaded anywhere throughout the trailer with\nmultiple general m&li&dise shipments loaded behind it. Local law enforcement takes\nthe position that the hazardous material shipment should be loaded on the rear of the\ntrailer. Since the shifiheni is not on the rear. .the officer will direct the Wal-Mart driver\nto the nearest rest stop location, citing 49 CFR j 177.802, and order that the trailer be\nL , I \\ '\n1 -\n' . CORPORATE EMPLOYMENT INTERNATIONAL LITIGATION\nLOGISTICS REAL , . ESTATE SAM'S CLUB WALMART STORES\n\n<<<PAGE 4>>>\n\nunloaded so that the officer can view the shipment. Obviously, this causes Wal-Mart\nconsiderable hardship fiom both an economic and productivity standpoint.\nIt is Wal-Mart's contention that the regulation does not require it to load\nhazardous material shipments on the rear of a trailer for inspection. Therefore, since the\nPHMSA has not previously provided any review or analysis of this regulation, Wal-Mart\nrespectfblly requests an interpretation specifically addressing this fact pattern.\nSincerely,\nCORPORATE 0 EMPLOYMENT INTERNATIONAL LITIGATION\nLOGISTICS REAL ESTATE SAM'S CLUB WAL-MART STORES","truncated":false,"body_characters":4719}