{"operation":"document","citation":"11-0167","title":"Kiewit Infrastructure South Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-10-27","effective_on":null,"summary":"11-0167 response to Kiewit Infrastructure South Company concerning 177.817.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0167.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0167.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0167","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110167.pdf","body":"<<<PAGE 1>>>\n\nU.S, Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Ave, SE,\n'Nilshmgton, DC 20590\nOCT 2 7 2011\nMs. Holly Stringer\nTransportation Compliance Manager\nKiewit Infrastructure South Company\n13119 Old Denton Road\nFort Worth, TX 76177\nReference No. 11-0167\nDear Ms. Stringer:\nThis is in response to your letter requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to shipping papers. SpecificaUy, you\nnote that § 177.817(e)(2)(ii)(A) of the HMR requires a driver of a motor vehicle to store a\nhazardous materials shipping paper in a holder mounted to the inside of the door on the\ndriver's side of the vehicle when the driver is not at the vehicle's controls. You state your\norganization has created a book that contains the required information for your hazardous\nmaterials shipment (such as shipping papers, material safety data sheets, emergency response\ninformation, insurance, registrations, and permits) but that this book will not fit in the door\npocket of vehicles.\nIn your letter, you enclosed two photographs displaying two types of holders that appear to be\naffixed to a framing member attached to the left side of the driver's chair or the wall that is\nbehind and to the left of the driver's chair. You also enclosed a photograph of what appears to\nbe the front of a red notebook that has: the words \"HAZMAT BOOK\" centered and printed in\nblack capital letters at the top; the numbers \"03-0026\" printed on a sheet of paper and placed\nin a plastic sleeve in the middle; and additional information printed on a sheet of paper and\nplaced in a plastic sleeve at the bottom of the notebook listing the type and quantity of\nhazardous material on board the vehicle, the location of the shipping paper within the\nnotebook, emergency contact and guidebook information, and the company name and address.\nYou ask if placing this book in a holder installed to the left of the driver's seat but not on the\ndoor itself satisfies the shipping paper accessibility requirement specified in § 177.817.\nWhen the driver is at the vehicle's controls, the answer is yes. In this instance, the HMR\nrequire that the shipping paper must be within the driver's immediate reach while he is\nrestrained by the lap belt, and either readily visible to a person entering the driver's\ncompartment or in a holder which is mounted to the inside of the door on the driver's side of\nthe vehicle (see § 177.817(e)(2)(i)(A) and (e)(2)(i)(B». When the driver is not at the vehicle's\n\n<<<PAGE 2>>>\n\ncontrols, the answer is no. In this instance, the HMR require that the shipping paper must be\nin a holder which is mounted to the inside of the door on the driver's side of the vehicle or on\nthe driver's seat in the vehicle (see § 177.817(e )(2)(ii)(A) and (e )(2)(ii)(B». These\nlongstanding requirements were established to standardize shipping paper locations so\nemergency response personnel could better locate them during an incident or other\ntransportation need (see 41 FR 15972; Docket Nos. HM-103 and HM-112).\nBecause the holder you describe is not in conformance with § 177.817(e)(2) when the driver is\nnot at the vehicle's controls, your company may wish to apply for a special permit to authorize\nits use. If so, the procedures for applying for a special permit are prescribed in 49 CFR Part\n107, Subpart B. Your application should be directed to the Associate Administrator for\nHazardous Materials Safety and must contain sufficient information to demonstrate that, if a\nspecial permit is issued, a level of safety will be achieved that is equal to or greater than that\nrequired under the HMR. You may also obtain this information from our website at\n..http://www.phmsa.doLgov/hazmat!regs/sp-a.1I\nI hope this satisfies your request.\nSincerely,\n......\" J ,,//-> -/\n\"-\n~/;/';;2::'/)'t ? L.----?c.:<). Z-~<--\n-..........\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n2\n\n<<<PAGE 3>>>\n\nEdrnofl!On\nio 117.,gI7(e)~\n.\nKiewit SVli pPI\"j ~-er~\nII-olb'1\nU.S. DOT\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH-IO\nEast Building\n1200 New Jersey Avenue, SE.\nWashington, DC 20590-0001\nTo Whom It May Concern,\nI handle compliance for multiple companies. My question is regarding 49CFR\n177.817(e)(2)(ii)(A). We have placed all required information, (shipping papers, MSDS sheets,\nEmergency response information, Insurance, registrations, any permits) in a specially made book.\nWe wanted anything an officer would need to be readily available and in one spot, consistent\nthough-out all our fleets. Unfortunately, this book will not fit in the door pocket of the vehicles.\nI have attached a photo ofholders we have installed to the left of the driver seat. The book is red\nand marked 'Hf\\.ZMAT BOOK\". It has the Unit number of the vehicle and the hazardous\nmaterial information in a pouch on the front (photos also attached).\nThese are the first thing you see when you open the door on the drivers' side. It has helped us to\navoid the paperwork in our vehicles not being readily available. We have never been cited for\nthese not being on the doors, but would like a clarification on the acceptability ofthese holders.\nEven though these are not actually on the door itself, can these holders be used to satisfy this\nregulation?\nThank you for your assistance on this matter.\nd~~)~\nHolly Stdnger . -\" , .\nTransportation Compliance Manager\nKiewit Infrastructure South Co.\nKIEWIT INFRASTRUCTURE SOUTH CO.\n13119 Old Denton Road, Fort Worth, TX 76177\n(B17) 337-7000 (617) 337-7001 .\n\n<<<PAGE 4>>>\n\n•\ne it\nKIEWIT INFRASTRUCTURE SOUTH CO.\n13119 Old Denton Road, Fort Worth, TX 761 77\n(817) 337-7000 (8 17) 337-7001\n\n<<<PAGE 5>>>\n\nw it\nHAZARDOUS MATERIAL\nSHIPPING PAPER INFORMATION\n(1 st page in book is shipping paper)\nTOTAL QlJAi\\'TITY 1-800 GAL. j CARGO TAi'\\K\n- -\n,\nNA 1993 DIESEL FUEL HAZARD CLASS 3 PGrn\nEMERGENCY CONTACT:\nCHEMTREC 1 800 424-9300\nKiewit Infrnstructure South Co_ 13119 Old Denton Road\nFt. Worth, TX 76177-2403\n3-0026\nSee ERG - Guide 128\nKIEWIT INFRASTRUCTURE SOUTH CO.\n131 9 Old Denton Road. Fort Worth. TX 76177\n(817) 337-7000 (817) 337-7001","truncated":false,"body_characters":6186}