Groupe Robert — Hazardous Materials Safety Interpretation

Page 1Ms. Anais de Lausnay Lawyer, Legal Department Groupe Robert 20, boulevard Marie-Victorin Boucherville, Québec J4B 1V5 Canada Reference No. 16-0164 Dear Ms. de Lausnay: This letter is in response to your October 4, 2016, email and subsequent phone conversations requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the storage of a shipping paper in a motor vehicle. Specifically, you ask about § 177.817(e)(2)(i) and (ii) regarding the requirement for a shipping paper to be stored in a holder mounted to the inside of the driver's side door. We have paraphrased and answered your questions as follows: Q1. You ask if a shipping paper that is inserted into a clear plastic sleeve, which is then placed on the inside of the driver's side door (i.e., the manufactured compartment on the door), complies with § 177.817(e)(2)(i) and (il). Al. The answer is yes. Section 177.817(e)(2)(i) states that when the driver is at the vehicle's controls, the shipping paper must be stored in a manner that is both (A) within his immediate reach while he is restrained by the lap belt; and (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 of the vehicle. In accordance with § 177.817(e)(2)(ii), when the driver is not at the vehicle's controls, the shipping paper must be either (A) in a holder which is mounted to the inside of the door on the driver's side of the vehicle; or (B) on the driver's seat in the vehicle. In your scenario, the shipping paper and clear plastic sleeve is being placed in a compartment, or holder, that is mounted on the inside of the driver's side door. Therefore, it is the opinion of this Office that as long as the shipping paper is in immediate reach of the driver when at the vehicle's controls and restrained by the lap belt, the described scenario will meet the requirements of § 177.817(e)(2)(i). Additionally, as long as the shipping paper remains in the manufactured compartment on the inside of the driver's door when the driver is not at the vehicle's controls, it will meet the requirements of § 177.817(e)(2)(ii).#

Page 2when at the vehicle's controls and restrained by the lap belt, it will meet the requirements of § 177.817(e)(2)(i). Additionally, as long as the shipping paper remains in the sleeve affixed to the inside of the driver's side door when the driver is not at the vehicle's controls, it will meet the requirements of § 177.817(e)(2)(il). Q3. You ask if the holder, as specified in § 177.817(e)(2)(i) and (ii), needs to be permanently affixed to the driver's side door to be considered "mounted." A3. The answer is no. There is no requirement for the holder to be permanently affixed to the driver's side door. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely. Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3Please submit this as a letter of interpretation. Ms. De Lausnay spoke with Isaac. Please let me know if you have any questions. Thanks, Jordan From: Anais de Lausnay [mailto:anais.delausnay@robert.ca] Sent: Tuesday, October 04, 2016 3:33 PM To: PHMSA HM InfoCenter Subject: Interpretation letter request Dear Mrs, Dear Mr., We would like to receive an interpretation as to what means « in a holder which is mounted to the inside of the door on the driver's side of the vehicle » in CFR 177.817 (e)(2)(i) and (ii). Can the hazardous material papers be inserted in a clear plastic sleeve (the kind we can easily find in a Staples or so) and placed in the inside of the door of the driver's side of the vehicule? Can the clear plastic sleeve be considerate as a holder? And finally, does the holder needs to be permanently fixed to the inside of the door of the driver's side of the vehicule to be considerate as mounted? I would like to thank you in advance for your time and help. Should you have any questions or need some clarifications, please do not hesitate to contact me. Best regards, ANAI USNAY Avocate, Service juridique | Lawyer, Legal department T- 514 521-1416 # 1836 F- 450 641-3471 M - 514 562-9718 W- robert.ca Groupe Robert - 20, boulevard Marie-Victorin, Boucherville, Québec J4B 1V5 Canada L'information contenue dans ce couriel et les fichiers qui l'accompagnent sont confidentiels et réservés exclusivement au destinataire. This email and any files ROBERT 1946-2816 transmitted with it are confidential and intended solely for the use of the individual or entity to which are addressed.#