{"operation":"document","citation":"11-0198","title":"Landstar Transportation Logistics, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-03-22","effective_on":null,"summary":"11-0198 response to Landstar Transportation Logistics, Inc. concerning 177.834.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0198.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0198.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0198","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110198.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department 1200 New Jersey Avenue, SE\nof Transportation Washington. D.C. 20590\nPipeline and Hazardous\nMaterials Safety MAR 222m2\nAdministration\nMr. Wes Pace\nDirector, Hazardous Materials Compliance\nLandstar Transportation Logistics, Inc.\n13410 Sutton Park Drive, South\nJacksonville, FL 32224\nRef. No. 11-0198\nDear Mr. Pace:\nThis respondsto your August 17,2011 request for clarification of § 177.834(a) in the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180). You provide a photograph showing one\nrow of pallets loaded side-by-side with four drums per pallet leaving a void space between\npallets and a second row of pallets containing five gallon pails. The five gallon pails are shrink\nwrapped together and to the pallet. Two straps secure the load. You indicate that the HMR are\nsilent in regards to securement of a packaging to a motor vehicle. Based on the photograph\nprovided in your letter, you ask ifthis shipment would be in violation ofthe securement\nrequirements in § 177.834(a).\nYou are correct in your understanding that specific methods of securement are not provided in\n§ 177.834(a). Section 177.834(a) requires any hazardous material package that is not\npermanently attached to a motor vehicle to be secured against shifting, including relative motion\nbetween packages, within the vehicle on which it is being transported under conditions normally\nincident to transportation. Further, general requirements addressing protection of shifting cargo\nare found in the Federal Motor Carrier Safety Administration Regulations (49 CFR Parts 300399),\nspecifically under §§ 393.100 to 393.106. These requirements allow varied methods of\nsecurement, such as blocking with other freight, banding, or use of tie-downs or load-locks.\nBased on the photograph and information provided in your letter, we cannot definitively\ndetermine whether the load is secure. However, securing the load by shrink wrapping the\npackages to a pallet and straping the pallets in place is one method for securing the load in\naccordance with § 177.834(a).\nI hope this answers your inquiry. If you need additional assistance, please contact this office at\n202-366-8553.\nSi~\nBen Supko\nActing Chief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nLandstar Transportation logistics, Inc.\n13410 Sutton Park Drive, South Jacksonville, FL 32224\n904 3989400 UlNDSI'Jl!l '*\n13oo+he.-\n9. 111. 334 (ctJ .\nLQldIYlj ~ Uvdoad1 t1j\nIl-OIQB\nU.S. DOT August 17, 2011\nPHMSA Office of Hazardous Materials Standard\nAttn: Charles E. Betts\nEast Building\n1200 New Jersey Avenue, SE.\nWashington, DC 20590-001\nMr. Betts,\nPlease except this letter as my request for an interpretation specific to 177.834(a). I understand the regulations are\nsilent on what method of securement must be used, provided the requirements are met. I also understand various\nmethods of securement that would meet the requirement as defined in FMCSR parts 393.100 to 393.106 and\n177.834{a).\nA customer questions my understanding of securement as it relates to the securement of loose drums (55 gallon) on\npallets. The enclosed picture shows pallets are loaded side by side with 4 drums per pallet leaving a void space of 1+\nfeet between pallets and the last 2 side by side pallets contain 5 gallon pails which are shrink wrapped together and\nto the skid themselves and 2 straps on rear of load.\nMy understanding is that loose drums \"sitting on pallets with no means used to prevent shifting and/or falling would\nbe contrary to the intent of 177 .834(a). Based on the provided picture, would this shipment be in violation of not\nmeeting the securement requirements?\nYour assistance is greatly appreciated,\nWes Pace\nDirector, Hazardous Materials Compliance\nLandstar Transportation Logistics, Inc.\nProviding Supply Chain Solutions and Complete Global &Domestic Transportation Services\n\n<<<PAGE 3>>>","truncated":false,"body_characters":3884}