{"operation":"document","citation":"07-0198","title":"State of Florida / Department of Health Environmental Health Bureau of Radiation Control / Inspections — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-11-29","effective_on":null,"summary":"07-0198 response to State of Florida / Department of Health Environmental Health Bureau of Radiation Control / Inspections concerning 177.817.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0198.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0198.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0198","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070198.pdf","body":"<<>>\n\nU.S. Department\nof Transporta tion\nPipeline and Hazardous\nMaterials Safety Administration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nNOV 2 9 2007\nMr. Leo J Bakersmith\nEnvironmental Specialist I1\nState of Florida / Department of Health\nEnvironmental Health\nBureau of Radiation Control / Inspections\nSouth Tower, Suite S-529\n400 W. Robinson Street\nOrlando, FL 32801 -1782\nRef No.: 07-0198\nDear Mr. Bakersmith:\nThis is in response to your letter dated October 1,2007 regarding the shipping paper\nrequirements in $ 177.8 17 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1 -\n180). Specifically, you ask for a definition of \"readily visible\" as used in 8 177.81 7(e)(2)(i)(B).\nSection 177.8 17(e) requires a driver of a motor vehicle containing a hazardous material, and\neach carrier using such a vehicle, to ensure that the shipping paper accompanying the shipment\nis readily available to, and recognizable by, authorities in the event of accident or inspection.\nSpecifically, when the driver is at the vehicle's controls, the shipping paper must be within his\nimmediate reach while he is restrained by the lap belt, and either readily visible to a person\nentering the driver's compartment or in a holder mounted to the inside of the door on the driver's\nside of the vehicle.\nAs used in 177.8 17(e)(2)(i)(B) the term \"readily visible\" means that the shipping paper must\nbe easily viewed by any person opening the driver's compartment from the driver's side of the\nvehicle. Based on our experience, the best way to make the shipping paper \"readily visible\" and\nensure that it does not become dislodged during an accident situation is to place it in a clear\nsleeve mounted on the driver's door.\nI hope this information is helpful. If you have further questions, please do not hesitate to contact\nthis office.\nSincerely,\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<>>\n\nr w : Enrorcement question Page 1 of 4\nTrolia, Agnes \nFrom: Eichenlaub, Kurt \nSent: Monday, October 01, 2007 1:16 PM\nTo: Trolia, Agnes \nSubject: FW: lnterp request\nImportance: High\nCould you log this question as a request for interpretation? Thank you.\nKurt Eichenlaub\nTransportation Regulations Specialist\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\nEast Building, 2nd Floor, PHH- 10\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590-000 1\nPhone: 202-366-8553\nFax: 202-366-7435\n\"- - From: Plessas, Karen \nSent: Monday, October 01, 2007 9:24 AM\nTo: Eichenlaub, Kurt \nCc: LaMagdelaine, Ray ; Leo-Bakersmith@doh.state.fl.us\nSubject: FW: Enforcement question\nImportance: High\n.\"\" \"\"- \" . ..\nKurt, I am forwarding Mr. Bakersmith's question to you. He would like a formal interpretation of what \"readily\nvisible\" means with respect to shipping papers.\nThanks,\nKaren\n-.-.-.\" -*.- ..-. ., ~~. . ..\" .. \" .. .\" . .. . - \" .\"\" \" . . . .\" . . , .. .... * .. . \"\nFrom: Leo-Bakersmith@doh.state.fl.us [maiIto:Leo~Bakersmith@doh.state.fl.us]\nSent: Monday, October 01, 2007 7:31 AM\nTo: Plessas, Karen \nSubject: RE: Enforcement question\nImportance: High\nKaren,\nThanks for getting back to me and if you would forward that request to the Office of standards I would appreciate\nit. We have a running debate on where readilv visible is. First responders who need the shipping papers to\nreadily identify the hazard they are dealing with need immediate access to the shipping papers and ERI. In\nFlorida's case we would not accept a back seat location of any kind. With Cardinal Health we have accepted the\nwell marked pouch as a way to stow shipping papers. The front passenger seat is a another location that is\ndeemed acceptable so long as they are the top or first set of papers. I guess the debate stems from an accident\nand where would the papers end up if they were not in the drivers side door. Keeping the First Responder\nconfident of his or her safety is important.\nI look forward to reading the response.\n\n<<>>\n\nPage 2 of 4\nLeo J Bakersmith\nEnvironmental Specialist II\nState of Florida I Department of Health\nEnvironmental Health\nBureau of Radiation Control I Inspections\nSouth Tower, Suite S-529\n400 W. Robinson Street\nOrlando, FL 32801 -1 782\n(407)245-0865\n(407)317-7319 FAX\nLeo-Bakersmith@doh.state.fl.us\nInternet: www.doh.state.fl.us/environment/radiation\nHow are we doing? Please take our survey\nhtt~:llwww.doh.sta~.fl.uslenvironment/radiation/survey. htm\nMission: To promote and protect the health and safety of all people in Florida through the delivery of\nquality public health services and promotion of health care standards.\n.............................\nPlease note: Florida has a very broad public records law. Most written communications to or from state officials\nregarding state business are public records available to the public and media upon request. Your e-mail\ncommunications may therefore be subject to public disclosure.\nFrom: Karen.Plessas@dot.gov [mailto:Karen.Plessas@dot.gov]\nSent: Fri 9/28/2007 3:27 PM\nTo: Bakersmith, Leo\nSubject: MI: Enforcement question\nLeo,\nI have searched all of the DOT regs and I can find no interpretations or\nclarifications about what \"readily visible\" (49 CFR 177.817(e)) with\nrespect to shipping papers in commerce means. These regulations were\nwritten to allow law enforcement personnel to gain easy access to\nshipping papers in the event of an accidentfincident, and any placement\nof shipping papers in a vehicle should be done with this in mind.\nI do know that several shippers, including Cardinal Health, place the\nshipping papers in a portable pouch that sits over the back portion of\nthe passenger seat and we have accepted that as an appropriate location\nfor the shipping papers - even though the shipping papers themselves are\nnot clearly visible - because the portable pouch is well known by law\nenforcement personnel as a place to carry shipping papers and emergency\nresponse information. In addition, the driver can easily access the\nrequired information while strapped in the driver's seat.\nSince this issue hasn't been addressed before, I can forward your\nrequest to our Office of Standards for an official interpretation if you\nwould like.\nIt sounds like you already know how to access our interpretations, but I\nwill send you the link just in case:\nhttp://www.myregs.com/dotphmsa~\nI'm sorry I couldn't be of more help here.\nKaren\n\n<<>>\n\nF W: Enforcement question\nPage 3 of 4\nFrom: Plessas, Karen \nSent: Wednesday, September 26,2007 1256 PM\nTo: 'Leo-Bakersmith@doh.state.fl.us'\nSubject: Re: Enforcement question\nLeo,\nI am very much looking forward to coming to Florida soon and working\nwith you! I don,t have a date yet but if you get a serious situation,\nplease call me or email me because then I can justify a rapid response\nand come to Florida without all the normal scheduling it takes to plan a\ntrip!\nNormally the shipping papers can be anywhere within the driver's reach.\nPlacing the papers in the passenger seat would be acceptable, however\nplacing the shipping papers in the back seat would not be acceptable\nunless the driver could prove that he can reach the paperwork while at\nthe vehicle controls.\nI am at the OAS Conference at the moment and do not have my regs\nimmediately available so I will email you on Friday with the specific\nregulation cites. I will also get you a link to our interpretations.\nKaren\n----- Original Message -----\nFrom: Leo-Bakersmith@doh.state.fl.us \nTo: Plessas, Karen \nSent: Wed Sep 26 11:32:29 2007\nSubject: RE: Enforcement question\nKaren,\nI am looking forward to you coming to Florida in the future. We are\ncreating an in house training program for our bureau and I wanted to ask\nyou a question. Looking at 177.8 17 I have read some of the interps but\nwhat are reasonable locations for shipping papers and ERI other than the\ndrivers side door? I understand tabbing or first document but where are\nacceptable locations that are considered readily visible?\nSincerely\nLeo J Bakersmith\nEnvironmental Specialist 111\nState of Florida / Department of Health\nEnvironmental Health\nBureau of Radiation Control / Inspections\nSouth Tower, Suite S-529\n400 W. Robinson Street\nOrlando, FL 32801-1782\n(407)245-0865\n(407)3 17-73 19 FAX\nLeo-Bakersmith@doh.state.fl.us\nInternet: www.doh.state.fl.us/environment/radiation\n~blocked::www.doh.state.fl.us/environment/radiation>\nHow are we doing? Please take our survey:\nhttp://www.doh,state.fl.us/environment/radiation/survey .htm\n< b l o c k e d : : h t t p : / / w w w . d o h . s t a t e . f l . u s / e n v i r o n m e n t / r ~\nMission: To promote and protect the health and safety of all people in\nFlorida through the delivery of quality public health services and\npromotion of health care standards.\n\n<<>>\n\nr w ; cnrorcement question\nPage 4 of 4\nD Please note: Florida has a very broad public records law. Most written\ncommunications to or from state officials regarding state business are\npublic records available to the public and media upon request. Your\ne-mail communications may therefore be subject to public disclosure.\n--\nBEGIN-ANTISPAM-VOTING-LINKS\n......................................................\nTeach CmIt if this mail (ID 15934 19 18) is spam:\nSparn: https://antispm.do11.ad.state.fl.us/canit/b.php?c=s&i= 15934 19 18&m=d75e09805a30\nNot spam: https://mtispam.doh.ad.state.fl.us/canit/b.php?c=n&i=159341918&rn=d75e09805a30\nForget vote: https://antispm.doh.ad.state.fl.us/canit/b.p1p?c=fi=l5934 19 18&rn=d75e09805a30\n......................................................\nEND-ANTISPAM-VOTING-LINKS","truncated":false,"body_characters":9644}