Interpretation Response #11-0167 ([Kiewit Infrastructure South Company] [Ms. Holly Stringer])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 10/27/2011

Company Name: Kiewit Infrastructure South Company

Individual Name: Ms. Holly Stringer

Location State: TX Country: US

View the Interpretation Document

Response text:

October 27, 2011

Ms. Holly Stringer

Transportation Compliance Manager

Kiewit Infrastructure South Company

13119 Old Denton Road

Fort Worth, TX 76177

Reference No. 11-0167

Dear Ms. Stringer:

This is in response to your letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to shipping papers. Specifically, you note that § 177.817(e)(2)(ii)(A) of the HMR requires a driver of a motor vehicle to store a hazardous materials shipping paper in a holder mounted to the inside of the door on the driver"s side of the vehicle when the driver is not at the vehicle"s controls. You state your organization has created a book that contains the required information for your hazardous materials shipment (such as shipping papers, material safety data sheets, emergency response information, insurance, registrations, and permits) but that this book will not fit in the door pocket of vehicles.

In your letter, you enclosed two photographs displaying two types of holders that appear to be affixed to a framing member attached to the left side of the driver"s chair or the wall that is behind and to the left of the driver"s chair. You also enclosed a photograph of what appears to be the front of a red notebook that has: the words "HAZMAT BOOK" centered and printed in black capital letters at the top; the numbers "03-0026" printed on a sheet of paper and placed in a plastic sleeve in the middle; and additional information printed on a sheet of paper and placed in a plastic sleeve at the bottom of the notebook listing the type and quantity of hazardous material on board the vehicle, the location of the shipping paper within the notebook, emergency contact and guidebook information, and the company name and address. You ask if placing this book in a holder installed to the left of the driver"s seat but not on the door itself satisfies the shipping paper accessibility requirement specified in § 177.817.

When the driver is at the vehicle"s controls, the answer is yes. In this instance, the HMR require that the shipping paper must be within the driver"s immediate reach while he is restrained by the lap belt, and either readily visible to a person entering the driver's compartment or in a holder which is mounted to the inside of the door on the driver"s side of the vehicle (see § 177.817(e)(2)(i)(A) and (e)(2)(i)(B)). When the driver is not at the vehicle"s controls, the answer is no. In this instance, the HMR require that the shipping paper must be in a holder which is mounted to the inside of the door on the driver"s side of the vehicle or on the driver"s seat in the vehicle (see § 177.817(e)(2)(ii)(A) and (e)(2)(ii)(B)). These longstanding requirements were established to standardize shipping paper locations so emergency response personnel could better locate them during an incident or other transportation need (see 41 FR 15972; Docket Nos. HM-103 and HM-112).

Because the holder you describe is not in conformance with § 177.817(e)(2) when the driver is not at the vehicle"s controls, your company may wish to apply for a special permit to authorize its use. If so, the procedures for applying for a special permit are prescribed in 49 CFR Part 107, Subpart B. Your application should be directed to the Associate Administrator for Hazardous Materials Safety and must contain sufficient information to demonstrate that, if a special permit is issued, a level of safety will be achieved that is equal to or greater than that required under the HMR. You may also obtain this information from our website at "http://www.phmsa.dot.gov/hazmat/regs/sp-a."

I hope this satisfies your request.

Sincerely,

T. Glenn Foster

Chief, Regulatory Review and Reinvention Branch

Standards and Rulemaking Division

177.817

Regulation Sections