Interpretation Response #00-0321
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
November 21, 2000
Mr. Samuel S. Elkind Ref. No. 00-0321
Corporate Hazardous Materials Compliance Manager
United Parcel Service
8203 National Turnpike
Louisville, KY 40214
Dear Mr. Elkind:
This is in response to your letter of November 14, 2000 concerning use of packages of non-hazardous materials to secure packages of hazardous materials in a motor vehicle.
Within the Hazardous Materials Regulations (Title 49, Code of Federal Regulations, Parts 171-180), 49 CFR 177.834 (a) requires that packages of hazardous materials be secured against movement within a motor vehicle. This requirement is intended to prevent damage to packages due to shifting or failing under conditions normally incident to transportation.
You are correct in your understanding that other packages may be used to secure and brace packages of hazardous materials. Specific means for securement of packages are not specified in the regulations; any means of securement which ensures that the packages do not shift or fall, including the long-standing industry practice of securing packages with other packages, is acceptable for meeting this performance requirement. Based on the photographs which you submitted to us (copies enclosed), the packages of hazardous materials appear to be adequately secured against movement by other freight in conformance to the requirements of 49 CFR 177.834(a).
Use of other packages for securement has been addressed in a number of other letters from this office, one of which is enclosed. This and other letters of clarification are available through our website at
http://hazmat.dot.gov, or by writing to this office.
I trust this satisfies your inquiry. If we can be of further assistance, please contact us.
Edward T. Mazzullo
Director, Office of Hazardous Materials Standards