Royalty Trucking, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Research and Washington, D.C. 20590 Special Programs Administration NOV - 8 2002 Mr. Larry Riestenberg Safety Director Ref No.: 02-0250 Royalty Trucking, Inc. 588 W. Seymour Ave. Cincinnati, Ohio 45216 Dear Mr. Riestenberg This is in response to your September 11, 2002, letter requesting clarification of the emergency response information requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically you ask whether the Emergency Response Guidebook (ERG) could be stored in a compartment behind the driver seat, within the driver's immediate reach while restrained by his seatbelt. Your answer is no. In accordance with § 172.602(c)(1), each carrier who transports a hazardous material shall maintain the iriformation specified in paragraph (a) of this section and § 172.606 of this part in the same manner as prescribed for shipping papers. Section 177.817 addresses shipping papers and emergency response information accessibility for highway shipments. In § 177.817(e) a driver of a motor vehicle containing hazardous material, and each carrier using such a vehicle, shall ensure that the shipping paper required by this section is readily available to, and recognizable by, authorities in the event of accident.or inspection. Specifically, the driver and the carrier shall: (1) Clearly distinguish the shipping paper, if it is carried with other shipping papers or other papers of any kind, by either distinctively tabbing it or by having it appear first; and (2) Store the shipping paper as follows: When the driver is at the vehicle's controls, the shipping paper shall be: (1) Within his immediate reach while he is restrained by the lap belt; and (2) Either readily visible to a person entering the driver's compartment or in a holder which is mounted to the inside of the door on the driver's side of the vehicle. 172.602(c)(1 020250#

Page 2When the driver is not at the vehicle's controls, the shipping paper shall be: (1) In a holder which is mounted to the inside of the door on the driver's side of the vehicle; or (2) On the driver's seat in the vehicle. Therefore, unless the ERG in the compartment behind the drivers seat is "readily visible" to a person entering the driver's compartment, the ERG would not be maintained as required in § 177.817(e)(2). I apologize for any inconvenience or confusion as a result of your contact with a Hazardous Material... Information Center Specialist. I hope this information is helpful. Please contact us if you require additional assistance: Sincerely, Nich Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards.#

Page 3Relerford $172.602(c)(1) ROYALTY Emergency Response Informat iN OHIO: (513) 821-9000 WATTS: (800) 543-7147 TRUCKING, INC ОНЮ WATTS: (800) 354-0434 02 - 0250 September 11,. 2001 Mr. Edward Mazzullo Office of Hazardous Materials Standards 400 U.S. Department of Transportation washington, D.C. 20590 7th St. s.E. Suite 8422 Dear Mr. Mazzullo, My name is Larry Riestenberg. I am the Safety Director and Hazmat instructor with our company, Royalty Trucking, Inc. inspection, On April 11, 2001 our truck was carrying Hazardous Materials. one of our trucks was stopped at a roadside the course of the for a violation of Section 172.602 of the Hazardous Materials the inspector cited our driver information in the proper place. He was carrying the latest code, stating that the driver did not have his Hazardous Response carried in a compartment behind the drivers seat and is edition of the Emergency Response Guidebook. This book was accessable to the driver when he is in the driver seat and secured by his seatbelt. The truck is a newer Peterbilt with and the sleeper area. no bulkhead between the driver compartment We received a notice of apparent violation and intent to assess a forfeiture of $382.50 for this apparent violation. forfeiture from the Public Utilities Commission of Ohio with assessment, requesting a conference by telephone. given a choice of paying the fine or if we disagreed with the at 3:00 P.M. My conference was with Alla Magaziner of the Civil I requested a conference and it took place on September 10, 2002 Forfeiture Division of P.U.C.O. Her interpretation of this to Emergency Personnel in case of an accident. I disagreed should be carried out in the open so that it would be accessable It clearly states that Emergency Response information should with her, telling her that in my interpretation of this section. 588 W. SEYMOUR AVE. • CINCINNATI, OHIO 45216#

Page 4(2) them accessable to the driver be treated the same as The Shipping Papers, which is to have His ERG and shipping papers were both accessable. when he is restrained by his seat said that she was right and I was wrong. The appeal is in the form of hearing before the Public So I requested an Utilities Commission. asked the representative for This morning I contacted the Hazardous Materials hotline and agreed completely with my interpretation of this section of an opinion on this matter. the code. that the agent for the P.U.C.O. was taking the meaning He said that we were totally in compliance with the interpretation in writing so that I could use it for my appeal. of this section out of context. I asked if I could get his He told me that I would have to request a written interpretation in the form of a written request to your office. from the conference. The appeal hearing could be scheduled any time after 30 days I would like to have this opinion in writing to use at this appeal hearing if possible. Thank You for Your Cooperation Sincerely, Tany eatentry, Safety Director Royalty Trucking, Inc. 588 W. SEYMOUR AVE. CINCINNATI, Ohio 45216#