OOSC, Part III, Item 7. Loading and Securement, a. Blocking and Bracing

I am seeking clarification of the phrase "secured by applicable regulation" found in: Part III Out of Service Criteria: 7. Loading and Securement a. Blocking and Bracing: Transporting HM/DG not blocked, braced, or secured by applicable regulation. NOTE: Any shifting likely to adversely affect HM/DG package integrity, under conditions normally incident to transportation.

During a recent instructor recertification a question asking if a portable tank has cargo stacked on it was a violation or an out of service violation created discussion for both outcomes. The same discussion has occurred concerning combination packages with orientation arrows not properly oriented. § 177.834 General requirements. (a) Packages secured in a motor vehicle. Any package containing any hazardous material, not permanently attached to a motor vehicle, must be secured against shifting, including relative motion between packages, within the vehicle on which it is being transported, under conditions normally incident to transportation. Packages having valves or other fittings must be loaded in a manner to minimize the likelihood of damage during transportation. (b) Each package containing a hazardous material bearing package orientation markings prescribed in §172.312 of this subchapter must be loaded on a transport vehicle or within a freight container in accordance with such markings and must remain in the correct position indicated by the markings during transportation.

If the intention of Part III Out of Service Criteria, Item 7. Loading and Securement, a. Blocking and Bracing pertains only to package securement in relation to shifting then the phrase "or secured by applicable regulation" needs to be deleted and replaced with the phrase "secured against shifting, including relative motion between packages, within the vehicle on which it is being transported, under conditions normally incident to transportation". The note could then be deleted. However, if the phrase "secured by applicable regulation" is to remain then the association with "shifting" should not be associated with "secured by applicable regulation"