Interpretation Response #13-0027 ([FedEx Freight, Inc.] [Mr. Mike Brust])

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

Interpretation Response Details

Response Publish Date: 03/14/2013

Company Name: FedEx Freight, Inc.

Individual Name: Mr. Mike Brust

Location State: AZ Country: US

View the Interpretation Document

Response text:

March 14, 2013

Mr. Mike Brust
Manager Corporate Safety
FedEx Freight, Inc.
2200 Forward Drive
Harrison, AR 72601

Ref. No. 13-0027

Dear Mr. Brust:

This responds to your January 25, 2013 email requesting clarification of shipping paper requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  In your letter, you describe a scenario involving the use of a three-page shipping paper (as defined in § 171.8 of the HMR) with consecutively numbered pages (e.g., "page 1 of 3) at the top of each page; and the hazardous material information, as required under Part 172, Subpart C of the HMR, beginning on the second page.  Upon request from a member of my staff, you provided a copy of this shipping paper for our review.  Continuing the scenario, this shipping paper is placed on top of other shipping documents in the motor vehicle and is the only hazardous material shipping paper in the vehicle.  You ask whether this practice satisfies the requirements of shipping paper accessibility requirement for motor vehicles under § 177.817(e) of the HMR. 

Placing the hazmat shipping paper on top of other shipping papers that are carried in a motor vehicle complies with the § 177.817(e) shipping paper accessibility requirement to clearly distinguish the shipping paper if it is carried with other shipping papers or other papers of any kind.  Specifically, paragraph (e) requires the shipping paper to either appear first among the papers or be distinctively tabbed to distinguish among the papers. 

We note that the HMR do not specifically require hazardous material information to be listed on the first page of a multi-page shipping paper.  For instances where hazardous material and non-hazardous material are listed on the same shipping paper, we require that the hazardous material information either be listed first, entered in a contrasting color, or identified by the entry of an "X" placed before the basic description in a column captioned "HM" (please refer to § 172.201(a)(1)).  The shipping paper you provided satisfies this last condition. 

Therefore, based on the shipping paper copy you provided and the discussion above, it is the opinion of this Office that the scenario you described would comply with the shipping paper requirements under the HMR. 

I hope this information is helpful.  If you have further questions, please contact this office.

Sincerely,

Robert Benedict
Chief, Standards Development Branch
Standards and Rulemaking Division

177.817

Regulation Sections