Interpretation Response #11-0305 ([Public Utilities Commission of Ohio] [Mr. Carlisle Smith])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Public Utilities Commission of Ohio
Individual Name: Mr. Carlisle Smith
Location State: OH Country: US
View the Interpretation Document
Response text:
February 5, 2012
Mr. Carlisle Smith
Supervisor, Hazardous Materials Program
Transportation Enforcement Division
Public Utilities Commission of Ohio
180 East Broad Street
Columbus, OH 43215
Reference No. 11-0305
Dear Mr. Smith:
This is in response to your December 7, 2011 e-mail to Mr. Charles Betts, Director, Standards and Rulemaking Division, Pipeline and Hazardous Materials Safety Administration, concerning how a carrier may display the emergency response information for a hazardous materials shipment under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether a carrier may display the required information in a "smart," unlocked mobile telephone attached to a motor vehicle"s dashboard.
The answer is no. Although many smartphones (iPhones, Blackberry, etc.) and other handheld devices have applications available that are capable of quickly retrieving the emergency response information required under 49 CFR Part 172, Subpart G, the presence of a device equipped with such applications alone does not fulfill the requirements of § 172.602(b). Section 172.602(b-introductory paragraph), (b)(1), and (b)(2) require emergency response information for a hazardous material to be printed legibly in English and available for use away from the hazardous material package. Section 172.602(b)(3) of the HMR authorizes emergency response information required for a hazardous material to be presented: 1) on a shipping paper; 2) in a document, other than the shipping paper, that includes both the basic description and the technical name of the hazardous material, and the emergency response information; or 3) in a separate document in a manner that cross references the description of the hazardous material on the shipping paper with the emergency response information contained in the document. Further, § 172.602(c)(1) requires each carrier who transports a hazardous material to maintain the emergency response information specified in § 172.602(a) and § 172.606 in the same manner the HMR require shipping papers to be maintained. Specifically, under § 177.817(e), this requires the driver and/or carrier of a motor vehicle containing a hazardous material to ensure that the shipping paper, including its emergency response information, is readily available to and recognizable by authorities in the event of an accident or inspection by:
(1) Clearly distinguishing the shipping paper, if it is carried with other shipping papers or other papers of any kind, by either distinctively tabbing it or by having it appear first; and
(2) Storing the shipping paper as follows:
(i) When the driver is at the vehicle's controls, the shipping paper shall be:
(A) Within his immediate reach while he is restrained by the lap belt; and
(B) 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.
(ii) When the driver is not at the vehicle's controls, the shipping paper shall be:
(A) In a holder which is mounted to the inside of the door on the driver's side of the vehicle; or
(B) On the driver's seat in the vehicle.
Obtaining permission to display a hazardous material"s emergency response information in a manner that is not prescribed in the HMR can only be obtained through issuance of a special permit by this agency"s Associate Administrator for Hazardous Materials Safety or another designated U.S. Department of Transportation official. The application process for a special permit is described in 49 CFR Part 107, Subpart B.
I hope this satisfies your request. Please contact us if we can be of further assistance.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
172.602, 172.606, 177.817(e)