Baker Petrolite Corporation — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 1200 New Jersey Avenue. SE Washington. DC 20590 Pipeline and Hazardous Materials Safety Administration MAR 1 5 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 ofthe 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 ofany 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, ge-~~ Ben Supko Acting Chief, Standards Development Branch Standards and Rulemaking Division#

Page 21M•• BAKER HUGHES HSE & Regulatory Affairs 12645 West Airport Boulevard Sugar Land, Texas 77478 Tel: 281-276-5400 Fax: 281-275-7385 www.bakerhughes.com \/J 1~4er fj 177.3/7 'Sh;ff'~j Paf€rs /1- 0 D30 January 31,2011 Office ofHazardous Materials Standards Pipeline and Hazardous Materials Safety Administration, Attn: PHH-10 U.S. Department ofTransportation East Building, 1200 New Jersey Avenue, SE Washington, DC 20590-0001 Re: Letter ofInterpretation Dear Office ofHazardous Materials Standards: Baker Petro lite Corporation (BPC) requests a letter ofinterpretation regarding shipping paper accessibility as specified in Title 49 Code ofFederal Regulation (CFR) Part I 77.817(e)(2)(i). Our specific issue concerns the phrase, "(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 ofthe vehicle." Some ofour drivers keep their shipping papers and logbooks inside a metal clipboard to ensure papers do not fly throughout the cab in the event of an accident or sudden stop. During a road side DriverNehicle Inspection, we received a violation for having the shipping papers inside the metal clipboard. The driver was at the control ofthe vehicle and the shipping papers (inside metal clipboard) were on the passenger seat within his immediate reach while he was restrained by the lap belt. BPC believes this violation is unwarranted because the regulations allows for shipping papers to not be readily visible according to 177.817(e)(1), where it states," ...Clearly distinguish the shipping paper, ifit is carried with other shipping papers or other papers of any kind, by either distinctively tabbing it or by having it appear fIrst ... " In this case, the shipping paper may not be "readily" visible to a person entering the driver's compartment because it may be under other papers although tabbed. In our case, the shipping papers were not readily visible because they were under the metal cover on the clipboard, yet on top ofother papers inside the metal clip board.#