Interpretation Response #02-0113
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
May 21, 2002
Ms. Mana House Reference No. 02-0113
Customer Service Manager
ISK Magnetics, Inc.
600 Montgomery Street, 38th Floor
San Francisco, CA 94111
Dear Ms. House:
This responds to your April 5, 2002 letter requesting clarification on § 177.838(a) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if § 177.838(a) authorizes you to ship your Division 4.2 material on a flat-bed truck or on a soft-side trailer, and how to load the material onto these types of vehicles.
Your understanding of § 177.838(a) is correct. All of the hazardous material must be contained entirely within the body of the motor vehicle and be covered by a tarpaulin or other suitable means, and, if the motor vehicle has a tailboard or tailgate, it must be closed and secured in place during transportation. In addition , shipment in water-tight bulk containers need not be covered by a tarpaulin or other means. The use of a flat-bed truck or soft-sided trailer is authorized provided the hazardous material is completely contained within the body of the motor vehicle, e.g., the material does not extend beyond the vertical planes projected from the outer edges of the transport vehicle, and, is completely covered by a tarpaulin if using a flat-bed truck. In addition to loading guidance provided in § 177.838 of the HMR, procedures for blocking and bracing the material on the truck is covered in more detail under the Federal Motor Carrier Safety Regulations contained in 49 CFR Parts 390-397.
I hope this answers your inquiry.
Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards
|§ 177.838||Class 4 (flammable solid) materials, Class 5 (oxidizing) materials, and Division 4.2 (self-heating and pyrophoric liquid) materials|