{"operation":"document","citation":"19-0039","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":"2019-08-06","effective_on":null,"summary":"19-0039 response to Landstar Transportation Logistics, Inc. concerning 177.834.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0039.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0039.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0039","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/71996/190039.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nAUG O 6 2019\nWes Pace\nDirector, Hazardous Materials Compliance\nLandstar Transportation Logistics, Inc.\n13410 Sutton Park Drive South\nJacksonville, FL 32224\nReference No. 19-0039\nDear Mr. Pace:\nThis letter is in response to your March 26, 2019, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CPR Parts 171-180) applicable to the package securement\nrequirements for highway transportation. Specifically, you include three photographs of\npackages containing hazardous material shrink-wrapped onto wooden pallets. The pallets are\nloaded side-by-side in a motor vehicle, with gaps of at least several inches between the pallets\nand between the pallets and the walls of the trailer. The pallets are not secured to the vehicle\nusing straps, tie-down, load locks or other means, although you indicate that a means of\nsecurement will be used to prevent the pallets from shifting backwards toward the doors of the\ntrailer. You ask whether the arrangement depicted in the photographs meets the requirements of\n§ 177.834(a).\nBased on the photographs and information provided in your email, we cannot definitively\ndetermine whether the load is secure. Section 177.834(a) requires any hazardous material\npackage that is not permanently attached to a motor vehicle to be secured against shifting,\nincluding relative motion between packages, within the vehicle on which it is being transported\nunder conditions normally incident to transportation. Conditions normally incident to\ntransportation include vehicle starting, stopping, cornering, accident avoidance, and varied road\nconditions. Thus, the securement of hazmat packages requires that such packages do not shift\nwhen experiencing these conditions.\nAs shown in the photographs, the voids between the pallets and between the pallets and the sides\nof the trailer could allow the pallets to shift, and there is no securement mechanism in place to\nprevent the pallets from shifting in this way. Specific methods for securing packages in a motor\n\n<<>>\n\nvehicle are not provided in the HMR. However, various methods, such as tie-downs, using\ndunnage or other cargo, shoring bars, jack bars, or toe-boards would be acceptable to secure the\npallets as long as they prevent shifting within the trailer.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely, i ~ - -\n,,,,\n~:fa /~ -·\ni~rKj j {eren\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nDodd, Alice (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent:\nFriday, March 29, 2019 11:02 AM\nTo:\nHazmat Interps\nSubject: FW: Interpretation Request\nAttachments: Interp request 177.834(a).pdf; 110198.pdf; 160088.pdf\nAlice and lkeya,\nAttached is a request for letter of interpretation.\nThanks,\nJonathon, HMIC\nFrom: Pace, Wes [mailto:wpace@landstar.com]\nSent: Thursday, March 28, 2019 1:57 PM\nTo: INFOCNTR (PHMSA) \nSubject: RE : Interpretation Request\nGood afternoon.\nI received a call earlier from one of your staff (Brianna) in reference to the attached lnterp. request. Brianna directed me\nto an existing lnterp. letter 11-0198 (attached) as guidance to my request submitted yesterday, which I appreciate.\nThe purpose of this request was to validate to a customer (shipper), using pies of their cargo loading method, that\n177.834 (a) requires any hazmat packages not permanently attached to a motor vehicle be secured to prevent against\nshifting into void areas during transportation. I had previously addressed this with the customer and provided 3 separate\ninterp. letters (including attached 16-0088). We as a carrier do not need the unnecessary DOT roadside securement\nviolations and the 36 CSA points associated with hazmat securement violations nor do we wish to lose their business.\nWe'd rather educate them on proper securement of their cargo to meet 177.834(a) .\nIf 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\npallets in provided pictures, do not meet the requirements in 177.834(a) as the pallets can clearly shift into void areas\nduring transport. I thought a response using pies of their loading methods/cargo would be better suited to get the point\nacross.\nYour help is greatly appreciated. If I'm asking too much of you, I do understand.\nThanks,\nWes Pace, CDS\nLandstar Transportation Logistics, Inc.\nDirector, Hazardous Materials Compliance\nOffice- (904) 390-4815\nCell- (904) 614-3870\nEmail- wpace@landstar.com\nThink twice before you press \"print.\" Go Green!\n1\n\n<<>>\n\nSTATEMENT OF CONFIDENTIALITY: The information in this message is privileged and confidential and is intended only for the use of the individual\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,\ndistributing or copying the information contained in this message. If you have received this message in error, please notify the sender immediately and\ndestroy all copies of the original.\nFrom: Pace, Wes\nSent: Tuesday, March 26, 2019 12:08 PM\nTo: 'INFOCNTR (PHMSA)' \nSubject: Interpretation Request\nPlease accept the attached interpretation request for review and comment.\nThanks,\nWes Pace, CDS\nLandstar Transportation Logistics, Inc.\nDirector, Hazardous Materials Compliance\nOffice- (904) 390-4815\nCell- {904) 614-3870\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\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,\ndistributing or copying the information contained in this message. If you have received this message in error, please notify the sender immediately and\ndestroy all copies of the original.\n2\n\n<<>>\n\n0\nU.S. Department\nof Transportation\nPlpellne and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMAR 2 2 21J12\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 responds to 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 if this shipment would be in violation of the securement\nrequirements in§ l 77.834(a).\nYou are correct in your understanding that specific methods of securement are not provided in\n§ l 77.834(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 300-\n399), specifically 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<<>>\n\nLandstar Transporlafion /.oglstics, Inc.\n13410 Sulton Parle Drive, South\nJadcsonville, Fl. 32224\n904 398 9400\nUlNDSTAII ~\n13oo+he-\n~ ,11. 334 (ctJ .\nLaid,r13 ~ Uv\\Joad,flj\nII ·O 1q B\nAugust 17, 2011\nU.S. DOT\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 l+\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<<>>\n\n\n\n<<>>\n\n&ANOSfAII 1(\nwndstor Transpollafioo logistks, Inc.\n13410 Suffan Park Drive, South\nJackronviHe, Fl 32224\n9043989400\nMarch 26, 2019\nOffice of Hazardous Material Standards\nPipeline & Hazardous Material Safety Adm in.\nPH-10\nEast Building\n1200 Ney Jersey Avenue, SE\nWashington, DC 20590-001\nDear Sir,\nI'm seeking clarification if the cargo securement In attached pictures would be compliant with requirements\nin 177.834(a) as written.\nAs shown in pictures, pallets of paints are shrink wrapped and loaded in a side by side configuration from\nfront of trailer to the rear. As evident from pictures, there are sizable gaps/void areas between pallets with\nno means of securement to prevent the individual pallets from shifting, including relative motion between\npackages.\nIt's the opinion of the shipper that these shipments only need securement on the rear of cargo to prevent It\nfrom shifting backwards towards the doors with no means of securement to prevent pallets from shifting Into\nvoid areas between pallets within the trailer.\nIt's my belief that the unsecured pallets within the trailer could shift around during the course of\ntransportation including starting, stopping, cornering, accident avoidance varied rough road conditions and\ncould/would be potential securement violations at roadside inspections.\nYour assistance in providing clarification would be greatly appreciated.\nThanks,\nWes Pace, CDS\nLandstar Transportation Logistics, Inc.\nDirector, Hazardous Materials Compliance\n13410 Sutton Park Dr. South\nJacksonville, FL 32224\nOffice- (904) 390-4815\nCell- (904) 614-3870\nEmail- wpace@Jandstar.com\nProviding Supply Chain Solutions and Complete Global & Domestic Transportation Services\n\n<<>>\n\nUN 1263\nUN 1262\n\n<<>>\n\nUN 1263\n\n<<>>\n\nABLE LIQUID\nMADLE LIOLIO\n\n<<>>\n\nU.S. Department\nof Transportatlon\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\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\nclarification of the Hazardous Materials Regulations (HMR; 49 CFR 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 transpo11ation scenario, as further demonstrated in the attached photographs,\nis as follows:\n• Four drums are loaded on one pallet,\n• Drums on the pallet are shrink-wrapped to the pallets,\n• Heavy cardboard is placed on top of each set of four drums banded to a pallet,\n• An even nmnber of these pallets arc loaded side-by-side in a freight trailer,\n• Pallets are loaded in the freight container with approximately 3--4 inches of void area\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 bl. ocking 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<<>>\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,\nr--74= ➔~\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n2\n\n<<>>\n\n£ clrn.an__-,~-~..-,\n~ I 7 7. 6 ,3 Y (a _J .\nC>ervvt_cs fu~'UJI' :.u~\nJt-0088\nDodd, Alice (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nAttachments: Rivera, Jordan CTR (PHMSA)\nWednesday, May 11, 2016 4:10 PM\nHazmat Interps\nFW: Interpretation Request\nInterpretation Request Securement.docx; Load securement Pictures.pdf\nHi Shante/Alice,\nPlease submitthis for a letter of interpretation. Please let me know if you have any questions.\nThanks,\nJordan\nFrom: Pace, Wes [mailto:wgace(rulandstar.com]\nSent: Wednesday, May 11, 2016 9:44 AM\nTo: PHMSA HM InfoCenter\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\nThinl< twice b'efore y-ou pn,,ss \"print'; Go Greenl\nSTATEMENT OF CONFIDENTIALITY: The information in this message is privileged and confidential and is intended only for the use of the individual\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.\ndistributing or copying the information contained in this message. If you have received this message in error, please notify the sender immediately and\ndestroy all copies of the original.\n\n<<>>\n\nLANDSTAR.~\nLond,tur Tronsportolion logislics, Inc.\n13410 Sutlon Pork Drive, Soulh\nJocksonvil/e, fl 32224\n904398 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\npallets\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 2 X 4\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<<>>\n\n5620\n5620\n16652\n11\n1649\n·3267\n8\n\n<<>>\n\n--~-\n/,\nII\n,,\nI\nI -\nI\nI\nI\nI\nI ,\n·I\nI,\nJ.,\nI\nI ;\n;,","truncated":false,"body_characters":18199}