{"operation":"document","citation":"20-0070","title":"Jacam Chemicals 2013, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2021-01-15","effective_on":null,"summary":"20-0070 response to Jacam Chemicals 2013, LLC concerning 177.817.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0070.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0070.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0070","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/74676/200070.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nJanuary 15, 2021\nJason Ontjes\nDOT/Fleet Manager\nJacam Chemicals 2013, LLC\n205 S. Broadway\nP.O. Box 96\nSterling, KS 67579\nReference No. 20-0070\nDear Mr. Ontjes:\nThis is in response to your August 28, 2020, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to shipping papers.\nSpecifically, you seek clarification on the requirements pertaining to shipping paper accessibility.\nIn your email, you describe a scenario in which one of your drivers was cited by an enforcement\nofficer for noncompliance with § 177.817(e) of the HMR. You state that your driver was at the\ncontrols of the motor vehicle and the required shipping paper was in a manila folder inside of a\nholder mounted to the inside of the driver’s side door. You also state that while the shipping\npaper was not tabbed, the shipping paper did appear first in the manila folder. Finally, you state\nthat it is your understanding that the citation by the enforcement officer is incorrect and that the\nHMR allows for the shipping paper to appear first if carried with other papers and to be held in a\nholder mounted to the driver’s side door. You have requested interpretation of the requirements\nof § 177.817(e) as it relates to your scenario.\nIt is the opinion of this Office that based on your scenario, your understanding is correct.\nSection 177.817(e)(1) states that the shipping paper must be clearly distinguished by either\ndistinctively tabbing it or by having it appear first if it is carried with other shipping papers or\nother papers of any kind. By having the shipping paper appear first in the folder, it appears that\nyour driver has met this requirement. Section 177.817(e)(2)(i) states that when the driver is at\nthe vehicle’s controls, the shipping paper shall be within his immediate reach while he is\n\n<<<PAGE 2>>>\n\nrestrained by the lap belt; and either readily visible to a person entering the driver’s compartment\nor in a holder which is mounted to the inside of the door of the driver’s side of the vehicle. It\nappears that by having the manila folder in a holder which was mounted to the inside of the door\nof the driver’s side of the vehicle, your driver has met this requirement, as well.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nLarson\nFrom: INFOCNTR (PHMSA)\nTo: Subject: Date: Hazmat Interps; Dodd, Alice (PHMSA)\nFW: Request for Formal Written Letter of Interpretation\nMonday, August 31, 2020 1:01:28 PM\nAttachments: Ship Acces.pdf\n20-0070\nDear Alice,\nPlease see below for a letter of interpretation request.\nPlease contact our office with any questions.\nThank you,\nSarah (HMIC)\nFrom: Jason Ontjes [mailto:jason.ontjes@jacam.com]\nSent: Friday, August 28, 2020 3:08 PM\nTo: PHMSA HM InfoCenter <PHMSAHMInfoCenter@dot.gov>\nSubject: Request for Formal Written Letter of Interpretation\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or\nopen attachments unless you recognize the sender and know the content is safe.\n8/28/2020\nOffice of Hazardous Materials Standards\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation\nEast Building, 1200 New Jersey Avenue, SE\nWashington, DC 20590-001\nRE: Letter of Interpretation\nDear Office of Hazardous Materials Standards:\nJacam Chemicals 2013, LLC (Jacam) requests a letter of interpretation regarding Shipping\nPapers 117.817.\nOne of our drivers was given a violation for 177.817(e). The enforcement officer cited\n“shipping paper not accessible (FMCSR 177.817(e) – in a folder not tabbed.” Our driver\nwas at the controls of the vehicle and the shipping paper was located in a manilla folder in a\nholder which was mounted to the door on the driver’s side of the vehicle. The shipping\npaper appeared first in the folder. The agency wants to continue to reference the attached\nPHMSA interpretation in their argument for upholding the violation. The reason that I am\nreaching out to you is because I firmly believe that they are incorrect.\nThe regulations are very clear.\n\n<<<PAGE 4>>>\n\n§177.817 Shipping papers.\n(e) Shipping paper accessibility—accident or inspection. A driver of a motor vehicle\ncontaining hazardous material, and each carrier using such a vehicle, shall ensure that the\nshipping paper required by this section is readily available to, and recognizable by,\nauthorities in the event of accident or inspection. Specifically, the driver and the carrier\nshall:\n(1) Clearly distinguish the shipping paper, if it is carried with other shipping papers or other\npapers of any kind, by either distinctively tabbing it or by having it appear first; and\n(2) Store the shipping paper as follows:\n(i) When the driver is at the vehicle‘s controls, the shipping paper shall be: (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.\n(ii) When the driver is not at the vehicle‘s controls, the shipping paper shall be: (A) In a\nholder which is mounted to the inside of the door on the driver‘s side of the vehicle; or (B)\non the driver‘s seat in the vehicle.\nAs I mentioned before, our driver had the shipping paper in a manilla folder, inside the\ndriver’s side door pocket, and it appeared first. In the regulations, the verbiage states that\nthere are two options to comply. Within 177.817(e)(2)(i)(b) there are the words “either” and\n“or” which alludes to two separate options for storing shipping papers. The first being that it\nis “readily visible to a person entering the driver’s compartment”, with the second option\nbeing “in a holder which is mounted to the inside of the door on the driver’s side of the\nvehicle.” We were utilizing the second option by storing our shipping paper “in a holder\ninside of the door on the driver’s side of the vehicle” which is after the “or” in the regulation.\nThe argument that it has to be “readily visible” is countered with the “either” and “or” in the\nregulation giving us an additional way to be compliant. It also states in 177.817(e)(1) that it\nhas to be clearly distinguishable, if it is carried with other shipping papers or other papers of\nany kind, by… either distinctively tabbing it or by having it appear first. Our shipping paper\nappeared first, again, adhering to the regulation because of the “or” option that it gives us.\n177.817(e) tells us how to be compliant carrying shipping papers. In the last sentence it\nstates “Specifically, the driver and carrier shall:” We complied with the regs and were\nissued a violation because of it and I believe it to be erroneous\nSincerely,\nJason Ontjes\nDOT/Fleet Manager\nJacam Chemicals 2013, LLC\n205 S. Broadway\nP.O. Box 96\nSterling, KS 67579\nOffice – (620) 278-3355\nMobile – (620) 960-6880\njason.ontjes@jacam.com\n\n<<<PAGE 5>>>\n\nCONFIDENTIALITY NOTICE: This communication and any attachments contain proprietary and confidential\ninformation. If you are not the intended recipient, DO NOT read, copy, store, disseminate, or rely on this\ncommunication or any attachments. If you have received this communication in error, please notify me immediately\nof the error by reply e-mail or by telephone at 580-256-1231. Thank you.","truncated":false,"body_characters":7601}