{"operation":"document","citation":"98-0318","title":"Rudolf Express — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1998-11-18","effective_on":null,"summary":"98-0318 response to Rudolf Express concerning 177.834.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0318.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0318.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0318","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980318.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, DC.\n400 Seventh Street, S.W.\n20590\nResearch and\nSpecial Programs\nAdministration\nNOV 18 12-\nMr. Dennis Urbaniak\nSafety Director\nRei. No:\n98-0318\nRudolf Express\n1650 Armour Road\nBourbonnais, Illinois 60914\nDear Mr. Urbaniak:\nThis responds to your letter of October 21, 1998, requesting\nclarification on the requirements for securing packages under\nthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-\n180).\nYou describe a\nsituation in which hazardous materials\nclassed as Division 4.1, flammable solids, are packaged in 127\nsteel drums. In order to get the entire\nshipment on one\ntrailer, the drums were double-decked, with 37 drums standing\nupright on cardboard on top of the first layer of drums.\nfirst layer was on the floor; the drums in the second layer\nThe\nwere banded together and placed wall-to-wall in the middle of\nthe trailer, with room in the front and back. You note that\nyou did not believe that the drums were loaded correctly and\nask if the cargo was\nproperly secured.\nYour understanding is correct.\nmotor carrier to ensure that packages are secured against\nSection 177.834 (g) requires a\nmovement within a vehicle to prevent shifting or falling under\nconditions normally incident to transportation. These\nconditions most often include vehicle starting, stopping,\ncornering, accident avoidance, and varied road conditions.\nThe scenario you provide does\n177.834 (g). We note that the space at the front and the back\nnot meet the requirements of §\nof the top layer of drums in the configuration you describe\npresents the possibility of movement. Any movement of\npackages relative to the transport vehicle is a violation of\nthe HMR.\nThe requirements in § 177.834 (g)\nhazardous materials are secured in a manner that precludes\nare met when packages of\nmovement within the transport vehicle, e.g., blocking with\nother freight or the use of tie-downs or toe-boards.\nGeneral\nrequirements that address protection against shifting or\nfalling cargo are found in the Federal Motor Carrier Safety\n177.834\n\n<<<PAGE 2>>>\n\nRegulations (EMCSR; 49 CFR Parts 383-399), specifically under\n$$ 393.100 to 393.106.\nThese requirements\nallow varied\nmethods of securement, such as blocking with other freight or\nuse of tie-downs or load-locks.\nI hope this information is helpful. If you have further\nquestions,\nplease do not hesitate\nto contact this office.\nSincerely,\nTomAllan\nThomas G. Allan\nSenior Transportation Regulations Specialist\nOffice\nHazardous Materials Standards\n\n<<<PAGE 3>>>\n\nGorsky\nRudolf\n$177.834\nPHONE: 815-933-4466\nexpress\n-\n1650 ARMOUR ROAD, BOURBONNAIS, IL 60914\nOctober 21, 1998\nCERTIFIED MAIL\nP 289 574 855\nMr. Edward T. Mazzullo\nDirector of Hazardous Material Standards\nU.S. D.O.T./RSPA\nDHM-10\n. 400 7th Street SW\nWashington, DC 20590-0001\nDear Mr. Mazzullo:\nThe purpose of this letter is to request your interpretation of CFR 177.834(a) and (g) as it\npertains to the following situation:\nA shipper loaded 127 steel drums weighing 41,880 Ibs. of flammable solids, organic, N.O.S.\n(contains nickel catalysts), 4, UN1325, PCIlI, on one trailer. In order to get the entire\nshipment on one trailer, the drums had to be double decked. Thirty-seven (37) drums were\ndouble decked, standing upright on cardboard, on top of the first layer of drums, which were\non the floor not on skids. The drums on top were in the middle of the trailer, wall to wall,\nwith room in front and in back of the drums, and banded together. No other method of\nsecurement of the top layer of drums was utilized.\nMy question to you is this: \"Was the hazardous material in this trailer properly secured?\" If\nnot, please advise what further could be done to make this load compliant with regulations.\nAs a further note, please be advised that we did not feel that this was proper loading, and\nremoved the double decked drums and put them on another trailer before the load left our\nterminal.\nYour assistance with this matter is greatly appreciated.\nYours truly,\nRUDOLF EXPRESS COMPANY\nDonna debased\nDennis Urbaniak\nSafety Director\nDLU:pr","truncated":false,"body_characters":4083}