[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR177.841]

[Page 777-778]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 177_CARRIAGE BY PUBLIC HIGHWAY--Table of Contents
 
                     Subpart B_Loading and Unloading
 
Sec. 177.841  Division 6.1 and Division 2.3 materials.

    (See also Sec. 177.834 (a) to (j).)
    (a) Arsenical compounds in bulk. Care shall be exercised in the 
loading and unloading of ``arsenical dust'', ``arsenic trioxide'', and 
``sodium arsenate'', allowable to be loaded into sift-proof, steel 
hopper-type or dump-type motor-vehicle bodies equipped with water-proof, 
dust-proof covers well secured in place on all openings, to accomplish 
such loading with the minimum spread of such compounds into the 
atmosphere by all means that are practicable; and no such loading or 
unloading shall be done near or adjacent to any place where there are or 
are likely to be, during the loading or unloading process assemblages of 
persons other than those engaged in the loading or unloading process, or 
upon any public highway or in any public place. Before any motor vehicle 
may be used for transporting any other articles, all detectable traces 
of arsenical materials must be removed therefrom by flushing with water, 
or by other appropriate method, and the marking removed.
    (b) [Reserved]
    (c) Division 2.3 (poisonous gas) or Division 6.1 (poisonous) 
materials. The transportation of a Division 2.3 (poisonous gas) or 
Division 6.1 (poisonous) material is not permitted if there is any 
interconnection between packagings.
    (d) [Reserved]
    (e) A motor carrier may not transport a package:
    (1) Except as provided in paragraph (e)(3) of this section, bearing 
or required to bear a POISON or POISON INHALATION HAZARD label or 
placard in the same motor vehicle with material that is marked as or 
known to be foodstuffs, feed or edible material intended for consumption 
by humans

[[Page 778]]

or animals unless the poisonous material is packaged in accordance with 
this subchapter and is:
    (i) Overpacked in a metal drum as specified in Sec. 173.25(c) of 
this subchapter; or
    (ii) Loaded into a closed unit load device and the foodstuffs, feed, 
or other edible material are loaded into another closed unit load 
device;
    (2) Bearing or required to bear a POISON, POISON GAS or POISON 
INHALATION HAZARD label in the driver's compartment (including a sleeper 
berth) of a motor vehicle; or
    (3) Bearing a POISON label displaying the text ``PG III,'' or 
bearing a ``PG III'' mark adjacent to the POISON label, with materials 
marked as, or known to be, foodstuffs, feed or any other edible material 
intended for consumption by humans or animals, unless the package 
containing the Division 6.1, Packing Group III material is separated in 
a manner that, in the event of leakage from packages under conditions 
normally incident to transportation, commingling of hazardous materials 
with foodstuffs, feed or any other edible material would not occur.

[29 FR 18795, Dec. 29, 1964]

    Editorial Note: For Federal Register citations affecting Sec. 
177.841, see the List of CFR Sections Affected which appears in the 
Finding Aids section of the printed volume and on GPO Access.