{"operation":"document","citation":"18-0083","title":"Kansas Highway Patrol — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-02-05","effective_on":null,"summary":"18-0083 response to Kansas Highway Patrol concerning 172.201, 172.602, 177.817.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0083.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0083.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0083","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/70346/180083.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration\nFEB 0 5 2019\nNicholas Wright\nMCSAP State Training Coordinator\nKansas Highway Patrol\n1220 S. Enterprise\nOlathe, KS 66061\nReference No. 18-0083\nDear Mr. Wright:\nThis letter is in response to your May 25, 2018, email and phone call requesting clarification of\nthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to shipping\npaper accessibility requirements for highway transportation.\nSpecifically, you describe the following scenario:\n• A hazardous material shipping paper is mounted permanently behind a clear plastic plate\nthat is riveted to the driver's door of a cargo tank motor vehicle (CTMV).\n• The shipping paper cannot be removed without removing the rivets that affix the plate to\nthe door.\n• The CTMV only transports a single commodity and the carrier uses a permanent shipping\npaper as provided in § 172.201(e).\n• The CTMV contains emergency response information (ERI) that meets the requirements\nof Part 172 Subpart G which can be removed from the CTMV.\nYou ask whether this scenario meets the requirements for hazardous material shipping paper\naccessibility.\nIn this scenario, the answer is yes. Section 177.817(e) requires the shipping paper to be readily\nshipping paper storage requirements of § 177.817(e)(2) are met and all information required by\navailable to, and recognizable by, authorities in the event of accident or inspection. Provided the\nSubpart C of Part 172 is readily visible to a person entering the driver's compartment, it is the\nopinion of this Office that the permanent shipping paper mounted as described meets the intent\nof the HMR.\n\n<<>>\n\nPlease note that although the HMR instructs carriers to maintain ERI in the same manner as\nshipping papers, the HMR expressly requires that, in accordance with § 172.602(b)(2), ERI must\nbe available for use away from the package containing the hazardous material and thus may not\nbe carried in the same manner as the shipping paper described above.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nPatrick\nShipping Papers\nJanuary, Ikeya CTR (PHMSA)\n18-0083\nFrom:\nINFOCNTR (PHMSA)\nSent:\nFriday, June 01, 2018 1:31 PM\nTo:\nHazmat Interps\nSubject:\nFW: Interpretation question regarding 177.817(e)\nHello Ikeya and Alice,\nEugenio Cardez has been in communication with Mr. Wright and provided him letter 16-0164. However, Mr. Wright has\ninsisted that he have a letter written to him personally.\nRegards,\n-Breanna\nFrom: Nicholas Wright [KHP] [mailto:Nicholas. Wright@KS.GOV]\nSent: Friday, May 25, 2018 9:19 AM\nTo: INFOCNTR (PHMSA) \nSubject: Interpretation question regarding 177.817(e)\nDear Sir or Ma'am:\nI am writing for a written, formal letter of interpretation in response to a question received from an enforcement\nmember about shipping paper accessibility. The question is, \"Can a haz-mat shipping paper be permanently mounted\nto the inside of the driver's door by the use of rivets or a similar non-removable device?\"\nThis particular inspector has located a haz-mat carrier who uses a generic, reusable shipping paper that was mounted to\nthe door under a clear plastic plate that was riveted to the door. The shipping paper CANNOT be removed from plastic\ncover without removing the rivets. This is not a holder as referenced in 177.817(e). This is NOT a temporarily mounted\ndevice such as Velcro or a plastic holder.\nThe ultimate question is whether there is a violation of the regulation for not being available for use away from the\ntransport vehicle (permanently mounted), assuming all information is correct on the shipping paper. 177.817(e),\nrequires the shipping paper be, \"readily available to, and recognizable by, authorities...\" 177.817(e)(2)(i)(B), requires the\nshipping paper be, \"...in a holder which is mounted to the inside of the door on the driver's side of the vehicle.\"\nIt appears the aforementioned permanently mounted shipping paper riveted to the inside of the door meets all of the\nrequirements of 177.817(e). I am not aware of any requirement for shipping papers to be, \"Available for use away from\nthe package containing the hazardous material,\" as the emergency response information is required (reference\n172.602(b)(2)). I have looked through previous interpretation letters for 177.817, and was unable to find any letters\naddressing this specific issue.\nI look forward to your response to this issue. Thank you in advance for your time and attention to this question.\nTechnical Trooper Nick Wright, K-100\n\n<<>>\n\nKansas Highway Patrol\nMCSAP State Training Coordinator\nHazardous Materials Instructor\nTroop I, MCSAP\n1220 S. Enterprise\nOlathe, KS 66061\nOffice: (913) 782-8100\nCell: (913) 558-2731\nNicholas.Wright@ks.gov","truncated":false,"body_characters":4990}