{"operation":"document","citation":"13-0044","title":"N & M Transfer Co., Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-05-03","effective_on":null,"summary":"13-0044 response to N & M Transfer Co., Inc. concerning 177.834.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0044.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0044.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0044","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130044.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave, S.E.\nWashington, D.C. 20590\nMAY 032013\nMr. Cary Krickeberg\nSafety Manager\nN & M Transfer Co., Inc.\n630 Muttart Rd.\nNeenah, WI 54956\nRef. No. 13-0044\nDear Mr. Krickeberg:\nThis responds to your February 8, 2013 e-mail to the Hazardous Material Information Center\n(HMIC) requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts\n171-180) applicable to the proper securement of Department of Transportation (DOT)\nSpecification 1 06A500 multi-unit tank car tanks in closed van-type trailers. You present a\nscenario where the tanks are partially secured within a skidded frame that appears to provide\nforward, aft, and lateral restraint. In addition, you provide a supporting photograph showing\nvertical restraint being provided by the use of tiedown straps. You ask for the meaning of the\nundefined terms \"chocked\" and \"clamped\" as they are used in§ 177.834(m)(l) and whether\nthe tanks depicted in your photograph are in compliance with the securement requirements\nprescribed in the HMR.\nThe terms \"chocked\" and \"clamped\" were codified in the HMR in 1970 (HM-14; 35 FR 1109)\nand remain undefined. However, any method utilized to prevent the skidded tanks from\nshifting in transportation is acceptable. For your information, the general requirements\naddressing protection of shifting cargo are found in the Federal Motor Carrier Safety\nAdministration Regulations ( 49 CFR Parts 300-399), specifically under§§ 393.100 to 393.106.\nThese requirements allow varied methods of securement, such as blocking with other freight,\nbanding, or use of tie-downs or load-locks.\nAs depicted, the tanks appear adequately secured to the skid. Further, § 177.834( a) of the\nHMR provides that any package containing any hazardous material, not permanently attached\nto a motor vehicle, must be secured against shifting, including relative motion between\npackages, within the vehicle on which it is being transported, under conditions normally\nincident to transportation. Specific methods for securing packages in a motor vehicle are not\nprovided in the HMR. However, varied methods, including the method you describe, along\nwith tiedowns, using dunnage or other cargo, shoring bars, jack bars, or toe-boards would be\nacceptable to secure the skidded tanks from movement within the trailer.\n\n<<<PAGE 2>>>\n\nI trust this information is helpful. Please contact us if we can be of further assistance.\n01' '\nr'\\ T. Glenn it§}-+ •\nD\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent:\nTo:\nSubject: Monday, February 11, 2013 9:12AM\nDrakeford, Carolyn (PHMSA)\nFW: SEEKING FORMAL LETTER OF INTERPRETATION I GUIDANCE ON 177.834(m)(1)\nFROM: NM TRANSFER CO, INC., NEENAH, WI\nAttachments: IMG_2922.jpg\nHi Carolyn,\nWe received the following request for a formal letter of interpretation.\nThanks,\nVictoria\nFrom: CARY S KRICKEBERG (mailto:CKRICKEBERG@nmtransfer.com]\nSent: Friday, February 08, 2013 4:56 PM\nTo: INFOCNTR (PHMSA)\nSubject: RE: SEEKING FORMAL LETTER OF INTERPRETATION/ GUIDANCE ON 177.834(m)(l) FROM: NM TRANSFER CO,\nINC., NEENAH, WI\nAttn: Hazmat info Center:\nPlease provide a formal letter of interpretation. My company is currently hauling hazardous materials in DOT\n1 06A500 multi-unit tank car tanks in closed van trailers. At the present time we are strapping them to the inside\nwalls of our trailers. We believe that this prevents the shifting and relative motion concern indicated in\n177.834(a). However, does paragraph (m)(l) listed below limit these tanks to be specifically \"chocked or\nclamped within the inside of the van? Can you also define chocking and clamping? I have attached a\nphoto of this kind of tank.\n§177.834 General requirements. (m) Tanks constructed and maintained in compliance\nwith Spec. 106A or 110A (§§179.300, 179.301 of this subchapter) that are authorized for the\nshipment of hazardous materials by highway in part 173 of this subchapter must be carried in\naccordance with the following requirements:\n(m)(l) Tanks must be securely chocked or clamped on vehicles to prevent any shifting.\n«IMG_2922.jpg»\nCary 'l(ric~6erg \"C.K.\"\nSafety Manager\nN&M Transfer Co., Inc.\n630 Muttart Rd.\nNeenah, WI 54956\nOffice phone: 920-521-1 020\nCell phone: 920-428-4814\nemail: ckrickeberg@nmtransfer.com\nEvolution: ''True Science Fiction\" .....\n1\n\n<<<PAGE 4>>>\n\nALEXANDER CHEMICAL COR.\nKINGSBURY. INDIANA\nSULFUR DIOXIE LIQUI\nINHALATION HAZARD\n+ UN 1079 *","truncated":false,"body_characters":4588}