Interpretation Response #13-0023 ([Chevron Phillips Chemical Company LP] [Mr. Jonathan VanScoyoc])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Chevron Phillips Chemical Company LP
Individual Name: Mr. Jonathan VanScoyoc
Location State: IA Country: US
View the Interpretation Document
Response text:
February 25, 2013
Mr. Jonathan VanScoyoc
Chevron Phillips Chemical Company LP
306 Catharine Street
Philadelphia, PA 19147
Ref. No.: 13-0023
Dear Mr. VanScoyoc:
This is in response to your February 14, 2013 letter requesting clarification of the cargo tank attendance requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you seek clarification of § 177.834(i)(2), which specifies motor vehicle unloading attendance requirements. Your questions are paraphrased and answered below.
Q1. Is it the motor carrier’s obligation to ensure that a cargo tank is attended by a qualified person set forth in § 177.834(i)(2) if the carrier returns to unload the cargo tank after the carrier’s obligation for transporting the materials is fulfilled, the cargo tank has been placed upon the consignee’s premises, and the motive power is removed from the cargo tank and removed from the premises?
A1. No. Under § 177.834(i)(2), a motor carrier is no longer obligated to ensure that a cargo tank unloading operation is attended when the carrier’s obligation for transporting the materials is fulfilled, the cargo tank has been placed on the consignee's premises, and the motive power has been removed from the cargo tank and removed from the premises. However, if the motive power is still on the premises, the motor carrier is still obligated to ensure that a cargo tank is attended by a qualified person.
Q2. Do the HMR apply if an outside contractor attends to the unloading of a cargo tank after the carrier’s obligation for transporting the materials is fulfilled, the cargo tank has been placed upon the consignee’s premises, and the motive power is removed from the cargo tank and removed from the premises?
A2.
I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.
Sincerely,
Robert Benedict
Chief, Standards Development
Standards and Rulemaking Division
177.834(2)(i)
Regulation Sections
| Section | Subject |
|---|---|
| 177.834 | General requirements |