{"operation":"document","citation":"05-0046","title":"Allied Universal Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-05-05","effective_on":null,"summary":"05-0046 response to Allied Universal Corporation concerning 172.602.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0046.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0046.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0046","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050046.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nPipeline and\nMAY\n5 2005\nAdministration\nHazardous Materials Safety\nMs. Robin J. Eddy Bolte\nReference No.: 05-0046\nSafety and Regulatory Affairs Manager\nAllied Universal Corporation\n3901 N. W. 115 Ave.\nMiami, FL 33178-1859\nDear Ms. Eddy Bolte:\nThis responds to your fax requesting clarification of the emergency response information\nrequirements under the Hazardous Material Regulations (HMR; 49 CFR parts 171-180).\nYour fax states that your company provides the emergency response information in material\nsafety data sheets (MSDSs), which are in a binder, along with the following documents:\na) Hazardous materials registration,\nb) List of company emergency contact phone numbers,\nc)\nInsurance and vehicle registration,\nd) Accident Kit, and\ne) Applicable DOT exemptions.\nIn response to a request by a member of my staff, you submitted a complete Emergency\nspine or cover to indicate the content of the binder. The above-listed docurents are in the\nInformation binder. The binder is a plain white three-ring binder without markings on the\nfront of the binder followed by fifteen MSDSs. The MSDSs are separated from the other\ndocuments by a plain yellow divider sheet. You ask if a MSDS for a hazardous material being\ntransported satisfies the requirements in § 172.602 and whether MSDSs must be indexed.\nAny document, including an MSDS, that contains all of the information specified in\n§ 172.602(a)(1) through (7) may be used to satisfy the emergency response information\nrequirement. See § 172.602(b). Section 172.602(c)(1) requires the carrier to maintain the\nemergency response information in the same manner as prescribed for shipping papers.\nSpecifically, § 177.817(e) states that shipping papers must be readily available to, and\nrecognizable by, authorities in the event of an accident or inspection. Also, the driver and the\ncarrier must clearly distinguish the shipping paper, if it is carried with other shipping papers\nor other papers, by either distinctively tabbing it or by having it appear first. Applying these\nruitem rests to the binder you submind, is outropinion that your unmarked birder is no\nreadily recognizable\" 1\nfurther, MSDSs in a binder with other documents should be tabbed or appear first in the\nbinder.\n172-602(b)\n050046\n\n<<<PAGE 2>>>\n\nWe also note that MSDSs for hazardous and non-hazardous materials are intermixed in the\nbinder, and, while you have attempted to arrange the MSDSs in alphabetical order, some\nMSDSs are filed by DOT proper shipping name and others by product name. Consistency in\nmaintaining the emergency response information would be beneficial to a first responder in\nthe event of an incident or accident.\nI trust this satisfies your inquiry.\nSincerely,\nstalle z: Mitate\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Safety\n\n<<<PAGE 3>>>\n\n03/02/2005 10:23\n3055009750\nALLIED UNIVERSAL CO\nPAGE 02\nCorbin\n3901 NW 115 Avenue\nA\n3172.602 (b)\nMiami, Florida 33178\n305-888-2623 office\nEmergency Response\n305-885-4671 fax\nALLIED UNIVERSAL CORPORATION\nEstablished 1954\n05-0046\nMarch 1, 2005\nDirector of Hazardous Materials Standards Development\nMr. Edward Mazzullo\nPipeline and Hazardous Material Safety Administration\nOffice of Hazardous Materials Standards Development\n400 Seventh Street, S.W.\nWashington, J.C. 20590-0001\nVIA FASCIMILE: 202-366-3012\nRe: Georgia Citation\nDear Mr. Mazzullo:\nresponse to our letter.\nPlease find altached a citation issued by the State of Georgia as well as our response to the citation and their\nBackground\nUniversal Corporation. On the date of September 8, 2004, one of the units transporting Hypochlorite\nTransportation Services Unlimited Inc. is a private transportation company hauling exclusively for Allied\nSolütions (Sodium Hypochlorite), class 8, UN1791, PGIl, underwent a roadside inspection conducted by the\nGeorgia Department of Motor Vehicles. During the inspection, two violations were found. The citation is\nWe disagree with one violation listed for 49 CFR 172.602(b). To comply with the requirements of 49 CFR 172\nthe Emergerty Information Binder or MSDS Binder, Georgia referred to it in the citation as the Permit Binder)\nSubpart G, we provide all vehicles hauling our hazardous materials with a one-inch binder (we refer to it as\nthat contains:\n1)\nHaza'dous Material Registration Certificate (49 CFR 107 Subpart G):\n2)\n3)\nList of Emergency Contact Phone Numbers in the company;\n4)\nInsurance and Vehicle Registration;\n5)\nApplicable Department of Transportation Exemptions; and,\nAccident Kit (to be completed if involved in an accident);\n6)\nMaterial Safety Data Sheets for all the hazardous materials being transported, in alphabetical order\nby technical name.\nemergency response Information required by 49 CFR 172 Subpart G. They are trained on its contents, and\nDuring training to comply with 49 CFR 172 Subpart H, all drivers are trained to know that this binder contains\nare informed that they are to keep the binder at an arm's reach while wearing their seat belt when they are\npapers on top of the driver's seat or inside the pouch on the driver's side door.\ndriving the vehicle. When absent from the vehicle, they are trained to place the binder with their shipping\nemergency response guidebooks are not mandatory (as stated in your 1999 interpretation, Ref. No. 99-0018),\nIn our argument to Georgia, we stated that our binders met the requirements of the regulation. The\nmeeting if not exceeding the regulatory requirement. Furthermore, the vehicle operator would have to look-up\nand the Material Safety Data Sheets in the binder contained the required elements listed in 172.602(b),\nPlease see enclosed letter from Miriam Guerrero to the State of Georoja.\nor search through the guldebook as he did the Material Safety Data Sheets to find the correct gulde page.\n\n<<<PAGE 4>>>\n\n03/02/2005\n10:23\n3055009750\nALLIED UNIVERSAL CO\nPAGE 03\nMarch 2, 2005\nPage 2, Emergency Response Information\nAllied Universal Corporation\nalternative to the North American Emergency Response Guidebook as the sheets were not indexed, making\nThe State or Georgia responded to our letter, stating the Material Safety Data Sheets were not a suitable\nthem not accessible to information.\nQuestions\n1) Is It legal for us to use Material Safety Data Sheets that satisfy the requirements of 49 CFR 172\n2) Is there any requirement for indexing? Could we face a possible enforcement action by simply\nSubpart G In the manner described above?\nthis be deemed not accessible information as indicated in the Georgia letter?\nplacing the Material Safety Data Sheets in the binder in alphabetical order as we are doing? Would\nYour promptness in responding to our questions is greatly appreciated given the frequent inspections the\nregulatory requirements, but we feel we have and are being incorrectly cited. We have spoken to your\ntractor-trailers undergo while operating in the State of Georgia. We want to properly comply with the\nhazardous material hotline, and the gentleman on the phone, Kevin, based upon the information given,\nagreed. However, given the nature of the circumstances, a second review and response in writing would be\ngreatly appreciated.\nRobinE@Allieduniversal.com.\nIf you\nshould have any questions,\nplease call me at 800-981-6700, extension\nThank you.\nSingerely,\nBobin JEddy Bolte.\nSafety and Regulatory Affairs Manager\nRobin J. Eddy Bolte\nAllied Universal Corporation\n\n<<<PAGE 5>>>\n\n03/02/2005\n10:23\n3055009750\nALLIED UNIVERSAL CO\nPAGE 84\n197€\nGeorgia Department of Motor Vehicle Safety\nLaw Enforcement Division\nP.O. Box 80447\nJames R. Lavis\n2206 East View Parkway\nConyers, GA 30013-8047\nol. Mark C. McLeoc\nPhone: 678.413.8825\nwww.dmvs.ga.gov\nCommanding Offic\nFax: 678.413.8832\nFebruary 16, 2005\nMs. Miriam Guerrero\nTransportat on Services Unlimited\n3901 NW 115 Avenue\nMiami, FL 33178\nDear Ms. Guerrero\nThis is in response to your letter of September 14, 2004 concerning DMVS Inspection Report\nGA013700C895. I apologize for the delay in responding and any inconvenience it may have\ncaused.\nto agree with his analysis of the situation. An unindexed binder full of material safety data sheets\nI have spoken to Officer Massey about this inspection, and after careful consideration, am forced\nis not equivalent to an Emergency Response Guidebook in accessibility of information.\nthat is, either in a pocket on the drivers' door, or visible to a person entering the cab of the truck\nEmergency Response Information must be accessible in the same manner as shipping papers,\nand within the reach of a belted driver. If you choose to use an MSDS binder to meet this\nshout Be a bed or indexed in some mamter, in adition to being in one of the focations required\nunder 49 CFR §172.602(c) and §177.817(e).\nI hope this irformation is helpful. If you need more information, please let me know.\nSincerely,\nCapt/Bruce Bugg","truncated":false,"body_characters":8928}