Interpretation Response #08-0133 ([WAL-MART] [Mickey R. Dragash])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: WAL-MART
Individual Name: Mickey R. Dragash
Location State: AR Country: US
View the Interpretation Document
Response text:
October 17, 2008
Mr. Mickey R. Dragash
WAL-MART
Legal Department
Logistics Division
601 North Walton Blvd, MS L20
Bentonville, Arkansas 72716-0710
Ref. No.: 08-0133
Dear Mr. Dragash:
This responds to your letter dated April 30, 2008, regarding requirements under the Hazardous Materials Regulations (HMR; 49 CFR, Parts 171-180) that apply to loading hazardous materials on the rear of a trailer for purposes of inspection.
You provided the following scenario:
Wal-Mart regularly transports hazardous material commodities by its private fleet. Frequently, local law enforcement will stop Wal-Mart vehicles and request that the drivers make hazardous material shipments available for inspection. Many times Wal-Mart is unable to comply because the hazardous material shipment may be loaded anywhere throughout the trailer with multiple general merchandise shipments loaded behind it. Local law enforcement takes the position that the hazardous material shipment should be loaded on the rear of the trailer. Since the shipment is not on the rear, the Officer will direct the Wal-Mart driver to the nearest rest stop location, citing 49 CFR 177.802, and order that the trailer be unloaded so that the Officer can view the shipment. This causes Wal-Mart considerable hardship from both an economic and productivity standpoint. It is your understanding that 49 CFR 177.802 does not require loading of hazardous materials shipments on the rear of a trailer for inspection.
Your understanding is correct. Nothing in the HMR specifies that hazardous materials shipments must be loaded on the rear of a transport vehicle. In accordance with 49 CFR 177.802, records, equipment, packagings and containers under the control of a motor carrier, insofar as they affect safety in transportation of hazardous materials by motor vehicle, must be made available for examination and inspection by a duly authorized
representative of the Department.
I hope this satisfies your inquiry. If we can be of further assistance, please contact us.
Sincerely,
Edward T. Mazzullo
Director
Office of Hazardous Materials Standards
177.802
Regulation Sections
| Section | Subject |
|---|---|
| 177.802 | Inspection |