Landstar Transportation Logistics, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 1200 New Jersey Avenue, SE Washington, D.C. 20590 Pipeline and Hazardous Administration Materials Safety SEP 1 6 2016 Mr. Wes Pace Director, Hazardous Materials Compliance Landstar Transportation Logistics, Inc. 13410 Sutton Park Drive, South Jacksonville, FL 32224 Reference No. 16-0088 Dear Mr. Pace: This letter is in response to your May 11, 2016 email, letter, and two photographs requesting claritication of the Hazardous Materials Regulations (HMR; 49 CR Parts 171-180) applicable to loading and securing pallets of hazardous materials. Specifically, you ask if the loading and securement packing method you describe complies with the intent of § 177.834(a). You state your transportation scenario, as further demonstrated in the attached photographs, is as follows: • Four drums are loaded on one pallet, • Drums on the pallet are shrink-wrapped to the pallets, • Heavy cardboard is placed on top of each set of four drums banded to a pallet, • Pallets are loaded in the freight container with approximately 3-4 inches of void area An even number of these pallets are loaded side-by-side in a freight trailer, between them, • Pallets closest to the freight container door are secured with two straps, • This loading and securement method makes it difficult, if not impossible, to nail a 2 x 4 inch blocking to the freight container floor in the void area, and • This blocking method makes it highly unlikely for these drums to shift or fall to the extent that they become damaged. It is the opinion of this Office that the transportation scenario you provided does not comply with the intent of § 177.834(a). The three to four inches of space between pallets in the freight container loading and securement method. you describe provides a foot or more of space in which the end pallets can shift during transportation. Section 177.834(a) requires any hazardous material (hazmat) package that is not permanently attached to a motor vehicle to be secured against shifting, including relative motion between packages, within the vehicle on which it is being transported under conditions normally incident to transportation (e.g., vehicle starting, stopping, and cornering; accident avoidance; and varied road conditions).#

Page 2Thus, the securement of hazmat packages requires that such packages do not shift when experiencing these conditions. Part 393, Subpart I of the Federal Motor Carrier Safety Regulations (49 CFR Parts 300-399) contains general requirements that address protection against shifting and falling cargo. I hope this information is helpful. Please contact us if we be of further assistance. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division 2#

Page 3Edmonson $177.834(a) General Requirenet Dodd, Alice (PHMSA) 16-0088 From: Rivera, Jordan CTR (PHMSA) Sent: Wednesday, May 11, 2016 4:10 PM To: Hazmat Interps Subject: FW: Interpretation Request Attachments: Interpretation Request Securement.docx; Load securement Pictures.pdf Hi Shante/Alice, Please submit this for a letter of interpretation. Please let me know if you have any questions. Thanks, Jordan From: Pace, Wes [mailto:wpace@landstar.com] To: PHMSA HM InfoCenter Sent: Wednesday, May 11, 2016 9:44 AM Subject: Interpretation Request Please find attached an interpretation request. Thanks, Wes Pace Landstar Transportation Logistics, Inc. Director, Hazardous Materials Compliance Office- (904) 390-4815 Email- wpace@landstar.com Think twice before you press "print." Go Green! STATEMENT OF CONFIDENTIALITY: The information in this message is privileged and confidential and is intended only for the use of the individual distributing or copying the information contained in this message. If you have received this message in error, please notify the sender immediately and or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that you are prohibited from disseminating. destroy all copies of the original.#

Page 4LANDSTAR Landstar Transportation Logistics, Inc. 13410 Sutton Park Drive, South Jacksonville, FL 32224 904 398 9400 To: U.S. DOT PHMSA Office of Hazardous Materials Standards From: Wes Pace Director, Hazardous Materials Compliance Date: May 11, 2016 Subject: Interpretation Request Dear Sir: I'm requesting an interpretation and clear understanding of 177.834(a) and when the intent of the rule has been met with a specific loading method and the securement of pallets in my scenario. I understand regulation is silent on what method must be used and also that intent of securement is to prevent shifting, including relative motion between packages within the transport vehicle under conditions normally incident to transportation. My scenario, as shown in attached pictures is: • 4 drums loaded per pallet. Drums are shrink wrapped to the pallets and also have heavy cardboard placed on top of each set of 4 drums which is then banded to the pallets • An even number of pallets are then loaded side by side in the trailer. • Once pallets are loaded, there is roughly 3-4 inches of void area located in-between the • pallets • The pallets are then secured with 2 straps on the rear of the load Based on this loading and securement method, it's difficult and almost impossible to have 2X4 blocking nailed to the floor in the small void area. Under conditions normally incident to transportation (vehicle starting stopping, cornering, accident avoidance and varied road conditions) the possibility of these drums shifting or falling to the extent that the drums could be damaged are highly unlikely. One state interprets 177.834(a) as meaning any void are must be filled or pallets blocked to prevent shifting of any amount and that this referenced loading and securement method is in violation of the rule. Based on the scenario provided, would the true intent of 177.834(a) be met? Sincerely, Wes Pace Landstar Transportation Logistics, Inc. Director, Hazardous Materials Compliance Office- (904) 390-4815 Providing Supply Chain Solutions and Complete Global & Domestic Transportation Services#

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