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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #12-0257 ([Conway Trucking] [Mr. Jeff Messer])

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

Interpretation Response Details

Response Publish Date:

Company Name: Conway Trucking

Individual Name: Mr. Jeff Messer

Location State: MO Country: US

View the Interpretation Document

Response text:

February 20, 2013



Mr. Jeff Messer
Conway Trucking
4701 E. 32nd Street
Joplin, MO  64805

Ref. No.: 12-0257

Dear Mr. Messer:

This responds to your November 13, 2012 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to shipping papers.  You state that you have shipping papers with multiple pages that are marked in accordance with  
§ 172.201(c).  When hazardous materials are not listed on the first page, but on a continuation page, the hazardous materials are always indicated in accordance with § 172.201(a)(1)(iii) with an X in the hazardous materials column.  Any shipping papers for a load that contains hazardous materials are placed on top of the stack of shipping papers which are accessible in accordance with § 177.817(e).  You ask if § 177.817(e) requires the shipping papers containing the hazardous materials to appear first, or is the intention to place the individual pages of the shipping paper containing hazardous materials on top?

Section 177.817(e)(1) requires that the driver and carrier to clearly distinguish a shipping paper for shipments that contain hazardous materials.  If other shipping papers are carried, the shipping paper containing hazardous materials must be distinguished by either distinctly "tabbing" the shipping paper or having it appear first.  It is the opinion of this Office that having the shipping paper containing a hazardous material first in the stack as you suggested would satisfy this requirement.  You should note that this requirement is applicable to both the carrier and driver.

I trust this satisfies your inquiry.  Please contact us if we can be of further assistance.


T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

177.817(e)(1), 172.201

Regulation Sections

Section Subject
172.201 Preparation and retention of shipping papers
177.817 Shipping papers