{"operation":"document","citation":"11-0030","title":"Baker Petrolite Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-03-15","effective_on":null,"summary":"11-0030 response to Baker Petrolite Corporation concerning 177.817.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0030.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0030.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0030","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110030.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation 1200 New Jersey Avenue. SE\nWashington. DC 20590\nPipeline and Hazardous Materials\nSafety Administration\nMAR 1 5 2011\nMr. Aubrey Campbell\nSenior Transportation Specialist\nBaker Petrolite Corporation\n12645 West Airport Boulevard\nSugar Land, TX 77478\nRef. No. 11-0030\nDear Mr. Campbell:\nThis responds to your letter of January 31, 2011 requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you inquire as to whether\ncarrying shipping papers inside a clipboard with a metal cover located beside the driver during\ntransportation complies with § 177.817(e)(2)(i).\nThe answer to your question is no. The language in § 177.817(e)(2)(i)(B) states that the\nshipping papers must be \"either readily visible to a person entering the driver's compartment or\nin a holder which is mounted to the inside ofthe door on the driver's side of the vehicle.\" In the\nscenario you provide, the clipboard is readily visible, but the fact that it contained shipping\npapers is not apparent. If the metal cover to the clipboard was clearly marked with the\nterminology \"Shipping Papers,\" for example, you would comply with § 177.817( e )(2)(i).\nFurthermore, as you note in your letter, § 177.817(e)(1) requires the driver and the carrier to\nclearly distinguish the shipping paper, if it is carried with other shipping papers or other papers\nofany kind, by either distinctively tabbing it or by having it appear first.\nI hope this answers your inquiry. If you need additional assistance, please contact this office at\n202-366-8553.\nSincerely,\nge-~~\nBen Supko\nActing Chief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\n1M••\nBAKER\nHUGHES\nHSE & Regulatory Affairs\n12645 West Airport Boulevard\nSugar Land, Texas 77478\nTel: 281-276-5400\nFax: 281-275-7385\nwww.bakerhughes.com\n\\/J 1~4er\nfj 177.3/7\n'Sh;ff'~j Paf€rs\n/1- 0 D30\nJanuary 31,2011\nOffice ofHazardous Materials Standards\nPipeline and Hazardous Materials Safety Administration,\nAttn: PHH-10\nU.S. Department ofTransportation\nEast Building, 1200 New Jersey Avenue, SE\nWashington, DC 20590-0001\nRe: Letter ofInterpretation\nDear Office ofHazardous Materials Standards:\nBaker Petro lite Corporation (BPC) requests a letter ofinterpretation regarding shipping\npaper accessibility as specified in Title 49 Code ofFederal Regulation (CFR) Part\nI 77.817(e)(2)(i). Our specific issue concerns the phrase, \"(B) either readily visible to a\nperson entering the driver's compartment or in a holder which is mounted to the inside of\nthe door on the driver's side ofthe vehicle.\" Some ofour drivers keep their shipping\npapers and logbooks inside a metal clipboard to ensure papers do not fly throughout the\ncab in the event of an accident or sudden stop. During a road side DriverNehicle\nInspection, we received a violation for having the shipping papers inside the metal\nclipboard. The driver was at the control ofthe vehicle and the shipping papers (inside\nmetal clipboard) were on the passenger seat within his immediate reach while he was\nrestrained by the lap belt.\nBPC believes this violation is unwarranted because the regulations allows for shipping\npapers to not be readily visible according to 177.817(e)(1), where it states,\" ...Clearly\ndistinguish the shipping paper, ifit is carried with other shipping papers or other papers\nof any kind, by either distinctively tabbing it or by having it appear fIrst ... \" In this\ncase, the shipping paper may not be \"readily\" visible to a person entering the driver's\ncompartment because it may be under other papers although tabbed. In our case, the\nshipping papers were not readily visible because they were under the metal cover on the\nclipboard, yet on top ofother papers inside the metal clip board.","truncated":false,"body_characters":3791}