Interpretation Response #98-0425 ([Liquid Transport Corporation] [Mr. Frank L. Boone])

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

Interpretation Response Details

Response Publish Date: 05/01/1998

Company Name: Liquid Transport Corporation

Individual Name: Mr. Frank L. Boone

Location State: IN Country: US

View the Interpretation Document

Response text:

May 1, 1998

Mr. Frank L. Boone
Liquid Transport Corporation
6171 W 300 N
Greenfield, IN 46140

Dear Mr. Boone:

This is in response to your letter regarding the requirements for carrier notification and information contact that apply to an unattended motor vehicle disconnected from its motive power, and a definition of "spotting" under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). I apologize for the delay in responding and hope it has not caused any inconvenience.

A final rule was published in the Federal Register on July 22, 1997 [62 FR 39398] which made corrections and responded to petitions for reconsideration of certain aspects of the January 8, 1997 fmal rule [Docket HM-206; 62 FR 1217; effective October 1, 1998], entitled "Improvements to Hazardous Materials Identification Systems. 11 On April 1, 1997, a final rule [63 FR 16070] was published making technical amendments and editorial corrections in response to several petitions for reconsideration and an appeal of certain aspects of the July 22, 1997 final rule.

The term "spotting" is not defined in the HMR. The requirements in § 172.606(b) specify that if a highway transport vehicle contains hazardous material for which a shipping paper is required and the vehicle is separated from its motive power and parked at a location other than a consignee's, consignor's, or a facility subject to the provisions of § 172.602(c)(2), such as a carrier's terminal, marine terminal, or cleaning facility, the carrier must:

• Mark the telephone number of the motor carrier on the exterior of the transport vehicle, or on a label, tag, or sign attached to the vehicle, at the brake hose or electrical connection; or
• Have the shipping paper and emergency response information readily available on the transport vehicle; unless
• An unattended motor vehicle separated from its motive power is marked with the identification number of the hazardous material loaded therein (see § 172.602(c)).

Therefore, the carrier information contact requirements apply to an unattended motor vehicle separated from its motive power and dropped or parked at a location, such as a motel or truck stop.

I hope this information is helpful. If we can be of further assistance, please contact us.

Sincerely,

Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards

Regulation Sections