Landstar Transportation Logistics, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 AUG O 6 2019 Wes Pace Director, Hazardous Materials Compliance Landstar Transportation Logistics, Inc. 13410 Sutton Park Drive South Jacksonville, FL 32224 Reference No. 19-0039 Dear Mr. Pace: This letter is in response to your March 26, 2019, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CPR Parts 171-180) applicable to the package securement requirements for highway transportation. Specifically, you include three photographs of packages containing hazardous material shrink-wrapped onto wooden pallets. The pallets are loaded side-by-side in a motor vehicle, with gaps of at least several inches between the pallets and between the pallets and the walls of the trailer. The pallets are not secured to the vehicle using straps, tie-down, load locks or other means, although you indicate that a means of securement will be used to prevent the pallets from shifting backwards toward the doors of the trailer. You ask whether the arrangement depicted in the photographs meets the requirements of § 177.834(a). Based on the photographs and information provided in your email, we cannot definitively determine whether the load is secure. Section 177.834(a) requires any hazardous material 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. Conditions normally incident to transportation include vehicle starting, stopping, cornering, accident avoidance, and varied road conditions. Thus, the securement of hazmat packages requires that such packages do not shift when experiencing these conditions. As shown in the photographs, the voids between the pallets and between the pallets and the sides of the trailer could allow the pallets to shift, and there is no securement mechanism in place to prevent the pallets from shifting in this way. Specific methods for securing packages in a motor#

Page 2vehicle are not provided in the HMR. However, various methods, such as tie-downs, using dunnage or other cargo, shoring bars, jack bars, or toe-boards would be acceptable to secure the pallets as long as they prevent shifting within the trailer. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, i ~ - - ,,,, ~:fa /~ -· i~rKj j {eren Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3Dodd, Alice (PHMSA) From: INFOCNTR (PHMSA) Sent: Friday, March 29, 2019 11:02 AM To: Hazmat Interps Subject: FW: Interpretation Request Attachments: Interp request 177.834(a).pdf; 110198.pdf; 160088.pdf Alice and lkeya, Attached is a request for letter of interpretation. Thanks, Jonathon, HMIC From: Pace, Wes [mailto:wpace@landstar.com] Sent: Thursday, March 28, 2019 1:57 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: RE : Interpretation Request Good afternoon. I received a call earlier from one of your staff (Brianna) in reference to the attached lnterp. request. Brianna directed me to an existing lnterp. letter 11-0198 (attached) as guidance to my request submitted yesterday, which I appreciate. The purpose of this request was to validate to a customer (shipper), using pies of their cargo loading method, that 177.834 (a) requires any hazmat packages not permanently attached to a motor vehicle be secured to prevent against shifting into void areas during transportation. I had previously addressed this with the customer and provided 3 separate interp. letters (including attached 16-0088). We as a carrier do not need the unnecessary DOT roadside securement violations and the 36 CSA points associated with hazmat securement violations nor do we wish to lose their business. We'd rather educate them on proper securement of their cargo to meet 177.834(a) . If it's possible, could I get a response to my request (using the customer's pictures), if it's your office's opinion that the pallets in provided pictures, do not meet the requirements in 177.834(a) as the pallets can clearly shift into void areas during transport. I thought a response using pies of their loading methods/cargo would be better suited to get the point across. Your help is greatly appreciated. If I'm asking too much of you, I do understand. Thanks, Wes Pace, CDS Landstar Transportation Logistics, Inc. Director, Hazardous Materials Compliance Office- (904) 390-4815 Cell- (904) 614-3870 Email- wpace@landstar.com Think twice before you press "print." Go Green! 1#

Page 4STATEMENT OF CONFIDENTIALITY: The information in this message is privileged and confidential and is intended only for the use of the individual 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, distributing or copying the information contained in this message. If you have received this message in error, please notify the sender immediately and destroy all copies of the original. From: Pace, Wes Sent: Tuesday, March 26, 2019 12:08 PM To: 'INFOCNTR (PHMSA)' <INFOCNTR.INFOCNTR@dot.gov> Subject: Interpretation Request Please accept the attached interpretation request for review and comment. Thanks, Wes Pace, CDS Landstar Transportation Logistics, Inc. Director, Hazardous Materials Compliance Office- (904) 390-4815 Cell- {904) 614-3870 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 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, distributing or copying the information contained in this message. If you have received this message in error, please notify the sender immediately and destroy all copies of the original. 2#

Page 50 U.S. Department of Transportation Plpellne and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 MAR 2 2 21J12 Mr. Wes Pace Director, Hazardous Materials Compliance Landstar Transportation Logistics, Inc. 13410 Sutton Park Drive, South Jacksonville, FL 32224 Ref. No. 11-0198 Dear Mr. Pace: This responds to your August 17, 2011 request for clarification of§ 177.834(a) in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You provide a photograph showing one row of pallets loaded side-by-side with four drums per pallet leaving a void space between pallets and a second row of pallets containing five gallon pails. The five gallon pails are shrink wrapped together and to the pallet. Two straps secure the load. You indicate that the HMR are silent in regards to securement of a packaging to a motor vehicle. Based on the photograph provided in your letter, you ask if this shipment would be in violation of the securement requirements in§ l 77.834(a). You are correct in your understanding that specific methods of securement are not provided in § l 77.834(a). Section 177.834(a) requires any hazardous material 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. Further, general requirements addressing protection of shifting cargo are found in the Federal Motor Carrier Safety Administration Regulations (49 CFR Parts 300- 399), specifically under § § 393 .100 to 393 .106. These requirements allow varied methods of securement, such as blocking with other freight, banding, or use of tie-downs or load-locks. Based on the photograph and information provided in your letter, we cannot definitively determine whether the load is secure. However, securing the load by shrink wrapping the packages to a pallet and straping the pallets in place is one method for securing the load in accordance with§ 177.834(a). I hope this answers your inquiry. If you need additional assistance, please contact this office at 202-366-8553. Si~ Ben Supko Acting Chief, Standards Development Branch Standards and Rulemaking Division#

Page 6Landstar Transporlafion /.oglstics, Inc. 13410 Sulton Parle Drive, South Jadcsonville, Fl. 32224 904 398 9400 UlNDSTAII ~ 13oo+he- ~ ,11. 334 (ctJ . Laid,r13 ~ Uv\Joad,flj II ·O 1q B August 17, 2011 U.S. DOT PHMSA Office of Hazardous Materials Standard Attn: Charles E. Betts East Building 1200 New Jersey Avenue, SE. Washington, DC 20590-001 Mr. Betts, Please except this letter as my request for an interpretation specific to 177.834(a). I understand the regulations are silent on what method of securement must be used, provided the requirements are met. I also understand various methods of securement that would meet the requirement as defined in FMCSR parts 393.100 to 393.106 and 177.834(a). A customer questions my understanding of securement as it relates to the securement of loose drums (55 gallon) on pallets. The enclosed picture shows pallets are loaded side by side with 4 drums per pallet leaving a void space of l+ feet between pallets and the last 2 side by side pallets contain 5 gallon pails which are shrink wrapped together and to the skid themselves and 2 straps on rear of load. My understanding is that loose drums "sitting on pallets with no means used to prevent shifting and/or falling would be contrary to the intent of 177 .834(a). Based on the provided picture, would this shipment be in violation of not meeting the securement requirements? Your assistance is greatly appreciated, Wes Pace Director, Hazardous Materials Compliance Landstar Transportation Logistics, Inc. Providing Supply Chain Solutions and Complete Global & Domestic Transportation Services#

Page 8&ANOSfAII 1( wndstor Transpollafioo logistks, Inc. 13410 Suffan Park Drive, South JackronviHe, Fl 32224 9043989400 March 26, 2019 Office of Hazardous Material Standards Pipeline & Hazardous Material Safety Adm in. PH-10 East Building 1200 Ney Jersey Avenue, SE Washington, DC 20590-001 Dear Sir, I'm seeking clarification if the cargo securement In attached pictures would be compliant with requirements in 177.834(a) as written. As shown in pictures, pallets of paints are shrink wrapped and loaded in a side by side configuration from front of trailer to the rear. As evident from pictures, there are sizable gaps/void areas between pallets with no means of securement to prevent the individual pallets from shifting, including relative motion between packages. It's the opinion of the shipper that these shipments only need securement on the rear of cargo to prevent It from shifting backwards towards the doors with no means of securement to prevent pallets from shifting Into void areas between pallets within the trailer. It's my belief that the unsecured pallets within the trailer could shift around during the course of transportation including starting, stopping, cornering, accident avoidance varied rough road conditions and could/would be potential securement violations at roadside inspections. Your assistance in providing clarification would be greatly appreciated. Thanks, Wes Pace, CDS Landstar Transportation Logistics, Inc. Director, Hazardous Materials Compliance 13410 Sutton Park Dr. South Jacksonville, FL 32224 Office- (904) 390-4815 Cell- (904) 614-3870 Email- wpace@Jandstar.com Providing Supply Chain Solutions and Complete Global & Domestic Transportation Services#

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Page 12U.S. Department of Transportatlon Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 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 clarification of the Hazardous Materials Regulations (HMR; 49 CFR 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 transpo11ation 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, • An even nmnber of these pallets arc loaded side-by-side in a freight trailer, • Pallets are loaded in the freight container with approximately 3--4 inches of void area 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 bl. ocking 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 13Thus, 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, r--74= ➔~ T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division 2#

Page 14£ clrn.an__-,~-~..-, ~ I 7 7. 6 ,3 Y (a _J . C>ervvt_cs fu~'UJI' :.u~ Jt-0088 Dodd, Alice (PHMSA) From: Sent: To: Subject: Attachments: Rivera, Jordan CTR (PHMSA) Wednesday, May 11, 2016 4:10 PM Hazmat Interps FW: Interpretation Request Interpretation Request Securement.docx; Load securement Pictures.pdf Hi Shante/Alice, Please submitthis for a letter of interpretation. Please let me know if you have any questions. Thanks, Jordan From: Pace, Wes [mailto:wgace(rulandstar.com] Sent: Wednesday, May 11, 2016 9:44 AM To: PHMSA HM InfoCenter 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 Thinl< twice b'efore y-ou pn,,ss "print'; Go Greenl STATEMENT OF CONFIDENTIALITY: The information in this message is privileged and confidential and is intended only for the use of the individual 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. distributing or copying the information contained in this message. If you have received this message in error, please notify the sender immediately and destroy all copies of the original.#

Page 15LANDSTAR.~ Lond,tur Tronsportolion logislics, Inc. 13410 Sutlon Pork Drive, Soulh Jocksonvil/e, fl 32224 904398 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 2 X 4 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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