OOSC. Part II, Item 2, Cargo Securement, f. Front-End Structure Definition

Clarification of the definition of a front end structure requirements (49 CFR § 393.114) as it pertains to how much of the load must be in contact with the front end structure to get "credit" for being placed against the structure or substitute device. The regulation for the height of the front end structure reads in 393.114(b)(1): "The front end structure must extend either to a height of 4 feet above the floor of the vehicle or to a height at which it blocks forward movement of ANY item or article of cargo being carried on the vehicle, whichever is lower." In the attached photo of the black pipe secured with yellow and blue straps, the load is stacked six pipes high. Confusion is based on the word ANY in the above referenced regulation. Some argue the top four pipes do NOT get credit for being in contact with the front end structure, while others argue they do because of the wording that the front end structure blocks movement of "ANY" of the load (i.e., the two bottom levels of pipe). Does the word "ANY" refer to any pipe in a unitized bundle, or ANY pipe on the transport vehicle?

Uniformity among inspections for both enforcement and industry to ensure carriers are not receiving erroneous violations roadside, and to ensure carriers are using an adequate number of tiedowns to satisfy 393.110. Improperly enforcing this regulation could reduce safety by not requiring the additional strap for the first 10 feet of cargo length, or it could cause undue burdens on carriers if they are declared out of service for failing to meet the minimum securement requirements of 393.110 (e.g., fines & delays).

Consider the attached photos and how 393.110 would be enforced. It is recommended this request be submitted to the cargo securement harmonization forum for consideration.