{"operation":"document","citation":"16-0088","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":"2016-09-16","effective_on":null,"summary":"16-0088 response to Landstar Transportation Logistics, Inc. concerning 177.834.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0088.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0088.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0088","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/160088.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nPipeline and Hazardous\nAdministration\nMaterials Safety\nSEP 1 6 2016\nMr. Wes Pace\nDirector, Hazardous Materials Compliance\nLandstar Transportation Logistics, Inc.\n13410 Sutton Park Drive, South\nJacksonville, FL 32224\nReference No. 16-0088\nDear Mr. Pace:\nThis letter is in response to your May 11, 2016 email, letter, and two photographs requesting\nclaritication of the Hazardous Materials Regulations (HMR; 49 CR Parts 171-180)\napplicable to loading and securing pallets of hazardous materials. Specifically, you ask if the\nloading and securement packing method you describe complies with the intent of\n§ 177.834(a).\nYou state your transportation scenario, as further demonstrated in the attached photographs,\nis as follows:\n• Four drums are loaded on one pallet,\n•\nDrums on the pallet are shrink-wrapped to the pallets,\n•\nHeavy cardboard is placed on top of each set of four drums banded to a pallet,\n•\nPallets are loaded in the freight container with approximately 3-4 inches of void area\nAn even number of these pallets are loaded side-by-side in a freight trailer,\nbetween them,\n• Pallets closest to the freight container door are secured with two straps,\n• This loading and securement method makes it difficult, if not impossible, to nail a\n2 x 4 inch blocking to the freight container floor in the void area, and\n• This blocking method makes it highly unlikely for these drums to shift or fall to the\nextent that they become damaged.\nIt is the opinion of this Office that the transportation scenario you provided does not comply\nwith the intent of § 177.834(a). The three to four inches of space between pallets in the\nfreight container loading and securement method. you describe provides a foot or more of\nspace in which the end pallets can shift during transportation. Section 177.834(a) requires\nany hazardous material (hazmat) package that is not permanently attached to a motor vehicle\nto be secured against shifting, including relative motion between packages, within the vehicle\non which it is being transported under conditions normally incident to transportation (e.g.,\nvehicle starting, stopping, and cornering; accident avoidance; and varied road conditions).\n\n<<<PAGE 2>>>\n\nThus, the securement of hazmat packages requires that such packages do not shift when\nexperiencing these conditions. Part 393, Subpart I of the Federal Motor Carrier Safety\nRegulations (49 CFR Parts 300-399) contains general requirements that address protection\nagainst shifting and falling cargo.\nI hope this information is helpful. Please contact us if we be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n2\n\n<<<PAGE 3>>>\n\nEdmonson\n$177.834(a)\nGeneral Requirenet\nDodd, Alice (PHMSA)\n16-0088\nFrom:\nRivera, Jordan CTR (PHMSA)\nSent:\nWednesday, May 11, 2016 4:10 PM\nTo:\nHazmat Interps\nSubject:\nFW: Interpretation Request\nAttachments:\nInterpretation Request Securement.docx; Load securement Pictures.pdf\nHi Shante/Alice,\nPlease submit this for a letter of interpretation. Please let me know if you have any questions.\nThanks,\nJordan\nFrom: Pace, Wes [mailto:wpace@landstar.com]\nTo: PHMSA HM InfoCenter\nSent: Wednesday, May 11, 2016 9:44 AM\nSubject: Interpretation Request\nPlease find attached an interpretation request.\nThanks,\nWes Pace\nLandstar Transportation Logistics, Inc.\nDirector, Hazardous Materials Compliance\nOffice- (904) 390-4815\nEmail- wpace@landstar.com\nThink twice before you press \"print.\" Go Green!\nSTATEMENT OF CONFIDENTIALITY: The information in this message is privileged and confidential and is intended only for the use of the individual\ndistributing or copying the information contained in this message. If you have received this message in error, please notify the sender immediately and\nor entity named above. If the reader of this message is not the intended recipient, you are hereby notified that you are prohibited from disseminating.\ndestroy all copies of the original.\n\n<<<PAGE 4>>>\n\nLANDSTAR\nLandstar Transportation Logistics, Inc.\n13410 Sutton Park Drive, South\nJacksonville, FL 32224\n904 398 9400\nTo: U.S. DOT PHMSA Office of Hazardous Materials Standards\nFrom: Wes Pace\nDirector, Hazardous Materials Compliance\nDate: May 11, 2016\nSubject: Interpretation Request\nDear Sir:\nI'm requesting an interpretation and clear understanding of 177.834(a) and when the intent of\nthe rule has been met with a specific loading method and the securement of pallets in my\nscenario. I understand regulation is silent on what method must be used and also that intent of\nsecurement is to prevent shifting, including relative motion between packages within the\ntransport vehicle under conditions normally incident to transportation.\nMy scenario, as shown in attached pictures is:\n• 4 drums loaded per pallet. Drums are shrink wrapped to the pallets and also have heavy\ncardboard placed on top of each set of 4 drums which is then banded to the pallets\n• An even number of pallets are then loaded side by side in the trailer.\n• Once pallets are loaded, there is roughly 3-4 inches of void area located in-between the\n• pallets\n• The pallets are then secured with 2 straps on the rear of the load\nBased on this loading and securement method, it's difficult and almost impossible to have 2X4\nblocking nailed to the floor in the small void area. Under conditions normally incident to\ntransportation (vehicle starting stopping, cornering, accident avoidance and varied road\nconditions) the possibility of these drums shifting or falling to the extent that the drums could be\ndamaged are highly unlikely.\nOne state interprets 177.834(a) as meaning any void are must be filled or pallets blocked to\nprevent shifting of any amount and that this referenced loading and securement method is in\nviolation of the rule.\nBased on the scenario provided, would the true intent of 177.834(a) be met?\nSincerely,\nWes Pace\nLandstar Transportation Logistics, Inc.\nDirector, Hazardous Materials Compliance\nOffice- (904) 390-4815\nProviding Supply Chain Solutions and Complete Global & Domestic Transportation Services\n\n<<<PAGE 5>>>\n\n5620\n5020\n1665\n1649\n11\n3267P\n\n<<<PAGE 6>>>\n\n1645\n700\n3267B","truncated":false,"body_characters":6252}