Rudolf Express — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, DC. 400 Seventh Street, S.W. 20590 Research and Special Programs Administration NOV 18 12- Mr. Dennis Urbaniak Safety Director Rei. No: 98-0318 Rudolf Express 1650 Armour Road Bourbonnais, Illinois 60914 Dear Mr. Urbaniak: This responds to your letter of October 21, 1998, requesting clarification on the requirements for securing packages under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- 180). You describe a situation in which hazardous materials classed as Division 4.1, flammable solids, are packaged in 127 steel drums. In order to get the entire shipment on one trailer, the drums were double-decked, with 37 drums standing upright on cardboard on top of the first layer of drums. first layer was on the floor; the drums in the second layer The were banded together and placed wall-to-wall in the middle of the trailer, with room in the front and back. You note that you did not believe that the drums were loaded correctly and ask if the cargo was properly secured. Your understanding is correct. motor carrier to ensure that packages are secured against Section 177.834 (g) requires a movement within a vehicle to prevent shifting or falling under conditions normally incident to transportation. These conditions most often include vehicle starting, stopping, cornering, accident avoidance, and varied road conditions. The scenario you provide does 177.834 (g). We note that the space at the front and the back not meet the requirements of § of the top layer of drums in the configuration you describe presents the possibility of movement. Any movement of packages relative to the transport vehicle is a violation of the HMR. The requirements in § 177.834 (g) hazardous materials are secured in a manner that precludes are met when packages of movement within the transport vehicle, e.g., blocking with other freight or the use of tie-downs or toe-boards. General requirements that address protection against shifting or falling cargo are found in the Federal Motor Carrier Safety 177.834#

Page 2Regulations (EMCSR; 49 CFR Parts 383-399), specifically under $$ 393.100 to 393.106. These requirements allow varied methods of securement, such as blocking with other freight or use of tie-downs or load-locks. I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, TomAllan Thomas G. Allan Senior Transportation Regulations Specialist Office Hazardous Materials Standards#

Page 3Gorsky Rudolf $177.834 PHONE: 815-933-4466 express - 1650 ARMOUR ROAD, BOURBONNAIS, IL 60914 October 21, 1998 CERTIFIED MAIL P 289 574 855 Mr. Edward T. Mazzullo Director of Hazardous Material Standards U.S. D.O.T./RSPA DHM-10 . 400 7th Street SW Washington, DC 20590-0001 Dear Mr. Mazzullo: The purpose of this letter is to request your interpretation of CFR 177.834(a) and (g) as it pertains to the following situation: A shipper loaded 127 steel drums weighing 41,880 Ibs. of flammable solids, organic, N.O.S. (contains nickel catalysts), 4, UN1325, PCIlI, on one trailer. In order to get the entire shipment on one trailer, the drums had to be double decked. Thirty-seven (37) drums were double decked, standing upright on cardboard, on top of the first layer of drums, which were on the floor not on skids. The drums on top were in the middle of the trailer, wall to wall, with room in front and in back of the drums, and banded together. No other method of securement of the top layer of drums was utilized. My question to you is this: "Was the hazardous material in this trailer properly secured?" If not, please advise what further could be done to make this load compliant with regulations. As a further note, please be advised that we did not feel that this was proper loading, and removed the double decked drums and put them on another trailer before the load left our terminal. Your assistance with this matter is greatly appreciated. Yours truly, RUDOLF EXPRESS COMPANY Donna debased Dennis Urbaniak Safety Director DLU:pr#