{"operation":"document","citation":"20-0091","title":"Van Diest Supply Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2021-01-11","effective_on":null,"summary":"20-0091 response to Van Diest Supply Company concerning 177.834.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0091.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0091.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0091","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/74656/200091.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nJanuary 11, 2021\nBret Hilpipre\nVan Diest Supply Company\n1434 220th St\nWebster City, IA 50595\nReference No. 20-0091\nDear Mr. Hilpipre:\nThis letter is in response to your November 24, 2020, letter requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to highway\ntransportation load securement requirements. In your letter, you describe a scenario and provide\nphotographs illustrating the method of securement of your intermediate bulk containers (IBCs)\nwithin a trailer. Furthermore, you state that you believe the forward pressure of the IBCs on\neach IBC in front of it—created by strapping the IBCs at the rear of the trailer—keeps all the\nIBCs from shifting side to side. Specifically, you request confirmation that this manner of load\nsecurement meets the performance standard of § 177.834(a) of the HMR.\nBased on the photographs and information provided in your letter, we cannot definitively\ndetermine whether the load is secured against shifting. Section 177.834(a) states that “any\npackage containing any hazardous material, not permanently attached to a motor vehicle, must\nbe secured against shifting, including relative motion between packages, within the vehicle on\nwhich it is being transported, under conditions normally incident to transportation.” As\nillustrated by the photographs, there appear to be voids between the IBCs, and between the IBCs\nand the sides of the trailer, which could allow the IBCs to shift in the absence of a method of\nsecurement. The longitudinal securement of the load by strapping the IBCs at the rear of the\ntrailer may be appropriate if it achieves the performance standard of “securing against shifting”\nunder normal transportation conditions.\n\n<<<PAGE 2>>>\n\nNote that specific methods for securing packages in a motor vehicle are not provided in the HMR.\nHowever, varied methods, such as tiedowns, using dunnage or other cargo, shoring bars, jack\nbars, or toe-boards could be acceptable to secure the IBCs from shifting within the trailer.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nCardez\n20-0091\nFrom: INFOCNTR (PHMSA)\nTo: Hazmat Interps\nSubject: FW: Clarification\nDate: Wednesday, November 25, 2020 11:21:44 AM\nHello Alice,\nBelow and attached pictures are a request for official letter of interpretation.\nThanks,\nJonathon, HMIC\nFrom: Bret Hilpipre [mailto:bret.hilpipre@vdsc.com]\nSent: Tuesday, November 24, 2020 12:39 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Clarification\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or\nopen attachments unless you recognize the sender and know the content is safe.\nTo Whom it may concern;\nOn 10/20/2020, we received an “out-of-service” under the violation 177.834A. The officer\ndescription is that our IBC’s weren’t secured from left/right movement in the trailer. However, the\nforward pressure from the IBC’s behind the single tanks and every IBC behind the next keeps the\nsingle IBC’s from shifting side to side and they are strapped in the back from creating separations. I\nwould agree with him if there was space/separation in front or behind the IBC’s and no forward\npressure on the IBC behind it. However in this example I believe the forward pressure allows for safe\ntransportation and prevents side to side movement. We transport 1000’s of these loads a year and I\nwould like your interpretation to know if we need to change how we are hauling these loads in the\nfuture.\nBret Hilpipre l Director of Transportation\n1434 220th St., Webster City, IA 50595\nP: 515-832-8654 l F: 515-832-2955\nbret.hilpipre@vdsc.com\nwww.vdsc.com","truncated":false,"body_characters":3959}