Interpretation Response #04-0082 ([URS Corporation] [Mr. Andrew N. Romach])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 11/16/2004

Company Name: URS Corporation

Individual Name: Mr. Andrew N. Romach

Location State: NC Country: US

View the Interpretation Document

Response text:

Nov 16, 2004

Mr. Andrew N. Romach                 Reference No. 04-0082
Corporate Regulatory Manager
URS Corporation
1600 Perimeter Park Drive
Morrisville, NC 27560-8421

Dear Mr. Romach:

This is in response to your March 29, 2004 letter requesting clarification of responsibility for loading and unloading packages under the Hazardous Materials Regulations (HMR; 49 CFR Parts l71-180). In your scenario the shipper physically transfers the drums containing hazardous materials onto a transport. vehicle and the carrier secures the drums against movement. Specifically, you ask whether the shipper or the carrier is in violation of the HMR if the drums are not adequately secured on the transport vehicle.

Depending on the actual functions performed, one or both parties may be held responsible for violations related to the carrier’s load securing devices or methods. A shipper or carrier who performs loading or unloading functions must perform those functions in accordance with applicable HMR requirements. Securing drums or other packages in a transport vehicle is a loading function subject to regulation under the HMR. In your scenario, the shipper’s personnel place the drums on the transport vehicle, but, by agreement with the carrier, responsibility for securing the load rests with the carrier’s personnel. Shipper personnel verify that the load is properly secured prior to the carrier’s departure from the facility. In accordance with § 173.30, because both the shipper and the carrier are involved in the loading operation, both are responsible for assuring compliance with applicable HMR requirements. In addition, in accordance with
§ 177.834(a), a carrier has a further responsibility to ensure that any package of hazardous materials not permanently attached to their motor vehicle is properly secured at all times while in transportation.

I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.

Sincerely,

Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards

177.834

Regulation Sections