Interpretation Response #11-0030 ([Baker Petrolite Corporation] [Mr. Aubrey Campbell])

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

Interpretation Response Details

Response Publish Date: 03/15/2011

Company Name: Baker Petrolite Corporation

Individual Name: Mr. Aubrey Campbell

Location State: TX Country: US

View the Interpretation Document

Response text:

March 15, 2011

Mr. Aubrey Campbell

Senior Transportation Specialist

Baker Petrolite Corporation

12645 West Airport Boulevard

Sugar Land, TX 77478

Ref. No. 11-0030

Dear Mr. Campbell:

This responds to your letter of January 31, 2011 requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you inquire as to whether carrying shipping papers inside a clipboard with a metal cover located beside the driver during transportation complies with § 177.817(e)(2)(i).

The answer to your question is no. The language in § 177.817(e)(2)(i)(B) states that the shipping papers must be "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." In the scenario you provide, the clipboard is readily visible, but the fact that it contained shipping papers is not apparent. If the metal cover to the clipboard was clearly marked with the terminology "Shipping Papers," for example, you would comply with § 177.817(e)(2)(i). Furthermore, as you note in your letter, § 177.817(e)(1) requires the driver and the carrier to clearly distinguish 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.

I hope this answers your inquiry. If you need additional assistance, please contact this office at

202-366-8553.

Sincerely,

Ben Supko

Acting Chief, Standards Development Branch

Standards and Rulemaking Division

177.817

Regulation Sections