Guidanceguidance
07-0198
State of Florida / Department of Health Environmental Health Bureau of Radiation Control / Inspections — Hazardous Materials Safety Interpretation
Current as of source date Government source
RegulusPipeline researchRegulusPipeline research07-0198
Page 1U.S. Department of Transporta tion Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 NOV 2 9 2007 Mr. Leo J Bakersmith Environmental Specialist I1 State of Florida / Department of Health Environmental Health Bureau of Radiation Control / Inspections South Tower, Suite S-529 400 W. Robinson Street Orlando, FL 32801 -1782 Ref No.: 07-0198 Dear Mr. Bakersmith: This is in response to your letter dated October 1,2007 regarding the shipping paper requirements in $ 177.8 17 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1 - 180). Specifically, you ask for a definition of "readily visible" as used in 8 177.81 7(e)(2)(i)(B). Section 177.8 17(e) requires a driver of a motor vehicle containing a hazardous material, and each carrier using such a vehicle, to ensure that the shipping paper accompanying the shipment is readily available to, and recognizable by, authorities in the event of accident or inspection. Specifically, when the driver is at the vehicle's controls, the shipping paper must be within his immediate reach while he is restrained by the lap belt, and either readily visible to a person entering the driver's compartment or in a holder mounted to the inside of the door on the driver's side of the vehicle. As used in 177.8 17(e)(2)(i)(B) the term "readily visible" means that the shipping paper must be easily viewed by any person opening the driver's compartment from the driver's side of the vehicle. Based on our experience, the best way to make the shipping paper "readily visible" and ensure that it does not become dislodged during an accident situation is to place it in a clear sleeve mounted on the driver's door. I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, Chief, Standards Development Office of Hazardous Materials Standards#
Page 2r w : Enrorcement question Page 1 of 4 Trolia, Agnes <PHMSA> From: Eichenlaub, Kurt <PHMSA> Sent: Monday, October 01, 2007 1:16 PM To: Trolia, Agnes <PHMSA> Subject: FW: lnterp request Importance: High Could you log this question as a request for interpretation? Thank you. Kurt Eichenlaub Transportation Regulations Specialist U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration East Building, 2nd Floor, PHH- 10 1200 New Jersey Avenue, SE Washington, D.C. 20590-000 1 Phone: 202-366-8553 Fax: 202-366-7435 "- - From: Plessas, Karen <PHMSA> Sent: Monday, October 01, 2007 9:24 AM To: Eichenlaub, Kurt <PHMSA> Cc: LaMagdelaine, Ray <PHMSA>; Leo-Bakersmith@doh.state.fl.us Subject: FW: Enforcement question Importance: High ."" ""- " . .. Kurt, I am forwarding Mr. Bakersmith's question to you. He would like a formal interpretation of what "readily visible" means with respect to shipping papers. Thanks, Karen -.-.-." -*.- ..-. ., ~~. . .." .. " .. ." . .. . - " ."" " . . . ." . . , .. .... * .. . " From: Leo-Bakersmith@doh.state.fl.us [maiIto:Leo~Bakersmith@doh.state.fl.us] Sent: Monday, October 01, 2007 7:31 AM To: Plessas, Karen <PHMSA> Subject: RE: Enforcement question Importance: High Karen, Thanks for getting back to me and if you would forward that request to the Office of standards I would appreciate it. We have a running debate on where readilv visible is. First responders who need the shipping papers to readily identify the hazard they are dealing with need immediate access to the shipping papers and ERI. In Florida's case we would not accept a back seat location of any kind. With Cardinal Health we have accepted the well marked pouch as a way to stow shipping papers. The front passenger seat is a another location that is deemed acceptable so long as they are the top or first set of papers. I guess the debate stems from an accident and where would the papers end up if they were not in the drivers side door. Keeping the First Responder confident of his or her safety is important. I look forward to reading the response.#
Page 3Page 2 of 4 Leo J Bakersmith Environmental Specialist II State of Florida I Department of Health Environmental Health Bureau of Radiation Control I Inspections South Tower, Suite S-529 400 W. Robinson Street Orlando, FL 32801 -1 782 (407)245-0865 (407)317-7319 FAX Leo-Bakersmith@doh.state.fl.us Internet: www.doh.state.fl.us/environment/radiation How are we doing? Please take our survey htt~:llwww.doh.sta~.fl.uslenvironment/radiation/survey. htm Mission: To promote and protect the health and safety of all people in Florida through the delivery of quality public health services and promotion of health care standards. ............................. Please note: Florida has a very broad public records law. Most written communications to or from state officials regarding state business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: Karen.Plessas@dot.gov [mailto:Karen.Plessas@dot.gov] Sent: Fri 9/28/2007 3:27 PM To: Bakersmith, Leo Subject: MI: Enforcement question Leo, I have searched all of the DOT regs and I can find no interpretations or clarifications about what "readily visible" (49 CFR 177.817(e)) with respect to shipping papers in commerce means. These regulations were written to allow law enforcement personnel to gain easy access to shipping papers in the event of an accidentfincident, and any placement of shipping papers in a vehicle should be done with this in mind. I do know that several shippers, including Cardinal Health, place the shipping papers in a portable pouch that sits over the back portion of the passenger seat and we have accepted that as an appropriate location for the shipping papers - even though the shipping papers themselves are not clearly visible - because the portable pouch is well known by law enforcement personnel as a place to carry shipping papers and emergency response information. In addition, the driver can easily access the required information while strapped in the driver's seat. Since this issue hasn't been addressed before, I can forward your request to our Office of Standards for an official interpretation if you would like. It sounds like you already know how to access our interpretations, but I will send you the link just in case: http://www.myregs.com/dotphmsa~ I'm sorry I couldn't be of more help here. Karen#
Page 4F W: Enforcement question Page 3 of 4 From: Plessas, Karen <PHMSA> Sent: Wednesday, September 26,2007 1256 PM To: 'Leo-Bakersmith@doh.state.fl.us' Subject: Re: Enforcement question Leo, I am very much looking forward to coming to Florida soon and working with you! I don,t have a date yet but if you get a serious situation, please call me or email me because then I can justify a rapid response and come to Florida without all the normal scheduling it takes to plan a trip! Normally the shipping papers can be anywhere within the driver's reach. Placing the papers in the passenger seat would be acceptable, however placing the shipping papers in the back seat would not be acceptable unless the driver could prove that he can reach the paperwork while at the vehicle controls. I am at the OAS Conference at the moment and do not have my regs immediately available so I will email you on Friday with the specific regulation cites. I will also get you a link to our interpretations. Karen ----- Original Message ----- From: Leo-Bakersmith@doh.state.fl.us <Leo-Bakersmith@doh.state.fl.us> To: Plessas, Karen <PHMSA> Sent: Wed Sep 26 11:32:29 2007 Subject: RE: Enforcement question Karen, I am looking forward to you coming to Florida in the future. We are creating an in house training program for our bureau and I wanted to ask you a question. Looking at 177.8 17 I have read some of the interps but what are reasonable locations for shipping papers and ERI other than the drivers side door? I understand tabbing or first document but where are acceptable locations that are considered readily visible? Sincerely Leo J Bakersmith Environmental Specialist 111 State of Florida / Department of Health Environmental Health Bureau of Radiation Control / Inspections South Tower, Suite S-529 400 W. Robinson Street Orlando, FL 32801-1782 (407)245-0865 (407)3 17-73 19 FAX Leo-Bakersmith@doh.state.fl.us Internet: www.doh.state.fl.us/environment/radiation ~blocked::www.doh.state.fl.us/environment/radiation> How are we doing? Please take our survey: http://www.doh,state.fl.us/environment/radiation/survey .htm < 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 ~ Mission: To promote and protect the health and safety of all people in Florida through the delivery of quality public health services and promotion of health care standards.#
Page 5r w ; cnrorcement question Page 4 of 4 D Please note: Florida has a very broad public records law. Most written communications to or from state officials regarding state business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. -- BEGIN-ANTISPAM-VOTING-LINKS ...................................................... Teach CmIt if this mail (ID 15934 19 18) is spam: Sparn: https://antispm.do11.ad.state.fl.us/canit/b.php?c=s&i= 15934 19 18&m=d75e09805a30 Not spam: https://mtispam.doh.ad.state.fl.us/canit/b.php?c=n&i=159341918&rn=d75e09805a30 Forget vote: https://antispm.doh.ad.state.fl.us/canit/b.p1p?c=fi=l5934 19 18&rn=d75e09805a30 ...................................................... END-ANTISPAM-VOTING-LINKS#
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