{"operation":"document","citation":"18-0057","title":"Oak Harbor Freight Lines, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2018-10-11","effective_on":null,"summary":"18-0057 response to Oak Harbor Freight Lines, Inc. concerning 177.817.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0057.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0057.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0057","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/69516/180057.pdf","body":"<<>>\n\n0\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nOCT 1 1 2018\nTom Mueller\nManager, Safety and Compliance\nOak Harbor Freight Lines, Inc.\n8960 Terabyte Drive\nReno,NV 89521\nReference No. 18-0057\nDear Mr. Mueller:\nThis letter is in response to your April 9, 2018, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to shipping paper accessibility.\nYou state that your company transports trailers containing multiple consignments of hazardous\nmaterials and provides the drivers with \"packets\" that include separate shipping papers for each\nconsignment as part of a manifest documenting the contents of the trailer. Specifically, you ask\nif tabbing the first shipping paper and highlighting the subsequent shipping papers-while\nleaving the subsequent shipping papers un-tabbed-would fulfill the requirement of§ 177 .817( e)\nwhen shipping papers are arranged together in the middle of a packet. You further ask if it is\npermissible to leave subsequent shipping papers un-tabbed when multiple shipping papers are\narranged on top of the document packet.\nThe answer is yes. Section 177.81 ?(e)(l) requires that a hazardous materials shipping paper be\nclearly identifiable if carried with other shipping papers or other papers of any kind. If all of the\nshipping papers that correspond to shipments of hazardous materials are arranged in the same\nsection of the packet, as you described, no additional distinction beyond the first tab is required.\nThe requirements of§ 177 .817( e )(1) are intended to ensure that shipping papers are readily\navailable and easily identifiable in the event of an inspection or emergency. Therefore, while not\nrequired, it is permissible to provide additional tabs for each shipping paper or, as in your\nexample, by highlighting subsequent shipping papers to help emergency responders or\ninvestigators locate necessary information more easily. Please note, however, that the HMR\nprovide only two options for distinguishing shipping papers when carried with other shipping\n\n<<>>\n\ndocuments: (1) having the hazardous materials shipping papers appear first or (2) distinctively\ntabbing the documents. Further indicating or distinguishing hazardous materials shipping papers\nby highlighting, color coding, edge marking the paper, or using a paper clip is permissible, but\nnot required.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely, 4\n?~,.f:;l,_-\nt,-Dirk-rrlr Kiz\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nJanuary, lkeya CTR (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nINFOCNTR (PHMSA)\nTuesday, April 10, 2018 5:12 PM\nHazmat Interps\nFW: Shipping Paper Guidance\nHi Alice & lkeya,\nBelow is a request for a letter of interpretation. Mr. Mueller spoke with Jonathon regarding his question. Let me know if\nyou have any questions.\nThank you,\nJodi\nFrom: Tom Mueller [mailto:Tom.Mueller@oakh.com]\nSent: Monday, April 09, 2018 7:10 PM\nTo: PHMSA HM lnfoCenter \nCc: Gilbert Pena ; Chris Hobbs \nSubject: Shipping Paper Guidance\nRequest for written interpretation\n177 .817e-shipping papers\nI am looking for detailed guidance on computer generated multiple HM shipments and their Shipping papers.\nCircumstances:\nMy company generates a printed \"drivers packet\" for our drivers. The printed packet contains:\nA trailer manifest for each trailer along with shipping papers for each HM shipment. There could be up to 4 or 5 HM\nshipments of HM in any one trailer and the shipping paper for each shipment is attached to the manifest of the\ncorresponding trailer.\nQuestion-1. A given trailer has 3 separate HM shipments thus causing three or more individual HM shipping papers\npages to be printed . The multiple shipping papers are all together within the \"middle of the packet\". The top HM\nshipping paper is tabbed and its content highlighted while the following pages are highlighted only. Is this in compliance\nor does each page need to be tabbed?\nQuestion-2. If all of the HM shipping papers are on top of the document packet (Lets say there are 3 or4 shipments) does\nthe second shipping paper and beyond need to be tabbed or are they ok without tabs since the are \"on top\"?---is only\nthe very top copy exempt from tabbing?\nTom Mueller\nManager, Safety and Compliance\n8960 Tera byte Dr\n1\n\n<<>>\n\nReno NV 89521\nTom.Mueller@oakh.com\nPhone 775-851-5295/Fax 775-853-7138/Cell 775-287-0141\nOak Harbor Freight Lines, Inc.\n\"Bringing Peace of Mind Since 1916\"\n2","truncated":false,"body_characters":4685}