{"operation":"document","citation":"16-0164","title":"Groupe Robert — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-01-04","effective_on":null,"summary":"16-0164 response to Groupe Robert concerning 177.817.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0164.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0164.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0164","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2017/160164.pdf","body":"<<<PAGE 1>>>\n\nMs. Anais de Lausnay\nLawyer, Legal Department\nGroupe Robert\n20, boulevard Marie-Victorin\nBoucherville, Québec J4B 1V5\nCanada\nReference No. 16-0164\nDear Ms. de Lausnay:\nThis letter is in response to your October 4, 2016, email and subsequent phone conversations\nrequesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180)\napplicable to the storage of a shipping paper in a motor vehicle. Specifically, you ask about\n§ 177.817(e)(2)(i) and (ii) regarding the requirement for a shipping paper to be stored in a holder\nmounted to the inside of the driver's side door.\nWe have paraphrased and answered your questions as follows:\nQ1.\nYou ask if a shipping paper that is inserted into a clear plastic sleeve, which is then\nplaced on the inside of the driver's side door (i.e., the manufactured compartment on the\ndoor), complies with § 177.817(e)(2)(i) and (il).\nAl.\nThe answer is yes. Section 177.817(e)(2)(i) states that when the driver is at the vehicle's\ncontrols, the shipping paper must be stored in a manner that is both (A) within his\nimmediate reach while he is restrained by the lap belt; and (B) either readily visible to a\nperson entering the driver's compartment or in a holder which is mounted to the inside of\nthe door on the driver's side of the vehicle. In accordance with § 177.817(e)(2)(ii), when\nthe driver is not at the vehicle's controls, the shipping paper must be either (A) in a\nholder which is mounted to the inside of the door on the driver's side of the vehicle; or\n(B) on the driver's seat in the vehicle.\nIn your scenario, the shipping paper and clear plastic sleeve is being placed in a\ncompartment, or holder, that is mounted on the inside of the driver's side door.\nTherefore, it is the opinion of this Office that as long as the shipping paper is in\nimmediate reach of the driver when at the vehicle's controls and restrained by the lap\nbelt, the described scenario will meet the requirements of § 177.817(e)(2)(i).\nAdditionally, as long as the shipping paper remains in the manufactured compartment on\nthe inside of the driver's door when the driver is not at the vehicle's controls, it will meet\nthe requirements of § 177.817(e)(2)(ii).\n\n<<<PAGE 2>>>\n\nwhen at the vehicle's controls and restrained by the lap belt, it will meet the requirements\nof § 177.817(e)(2)(i). Additionally, as long as the shipping paper remains in the sleeve\naffixed to the inside of the driver's side door when the driver is not at the vehicle's\ncontrols, it will meet the requirements of § 177.817(e)(2)(il).\nQ3.\nYou ask if the holder, as specified in § 177.817(e)(2)(i) and (ii), needs to be permanently\naffixed to the driver's side door to be considered \"mounted.\"\nA3.\nThe answer is no. There is no requirement for the holder to be permanently affixed to the\ndriver's side door.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely.\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nPlease submit this as a letter of interpretation. Ms. De Lausnay spoke with Isaac.\nPlease let me know if you have any questions.\nThanks,\nJordan\nFrom: Anais de Lausnay [mailto:anais.delausnay@robert.ca]\nSent: Tuesday, October 04, 2016 3:33 PM\nTo: PHMSA HM InfoCenter\nSubject: Interpretation letter request\nDear Mrs,\nDear Mr.,\nWe would like to receive an interpretation as to what means « in a holder which is mounted to the inside of the door on\nthe driver's side of the vehicle » in CFR 177.817 (e)(2)(i) and (ii).\nCan the hazardous material papers be inserted in a clear plastic sleeve (the kind we can easily find in a Staples or so) and\nplaced in the inside of the door of the driver's side of the vehicule?\nCan the clear plastic sleeve be considerate as a holder?\nAnd finally, does the holder needs to be permanently fixed to the inside of the door of the driver's side of the vehicule to\nbe considerate as mounted?\nI would like to thank you in advance for your time and help. Should you have any questions or need some clarifications,\nplease do not hesitate to contact me.\nBest regards,\nANAI\nUSNAY\nAvocate, Service juridique | Lawyer, Legal department\nT- 514 521-1416 # 1836 F- 450 641-3471\nM - 514 562-9718 W- robert.ca\nGroupe Robert - 20, boulevard Marie-Victorin, Boucherville, Québec J4B 1V5 Canada\nL'information contenue dans ce couriel et les fichiers qui l'accompagnent sont\nconfidentiels et réservés exclusivement au destinataire. This email and any files\nROBERT\n1946-2816\ntransmitted with it are confidential and intended solely for the use of the individual\nor entity to which are addressed.","truncated":false,"body_characters":4625}