Interpretation Response #00-0259
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
December 27, 2000
Mr. Michael D. Alston Reference. No. 00-0259
Aristech Chemical Corporation
210 Sixth Avenue
Pittsburgh, PA 15222-2611
Dear Mr. Alston:
This responds to your letter and telephone conversation with Mr. Michael Stevens of my staff regarding the attendance requirements during the loading of cargo tank motor vehicles (CTMV) in §177.834 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you inquire whether a terminal operator would be considered "qualified" when in radio contact with a CTMV driver who can respond within 2-3 minutes to an emergency situation. It is your understanding that this would satisfy the intent of "authorized to move the cargo tank and has the means to do so" under the qualification requirements specified in §177.834(i)(4).
The answer is no. A CTMV must be attended by a qualified person at all times during a loading operation. The purpose of the attendance requirements is to ensure that cargo tanks are safely loaded and unloaded and, in the event of an emergency, the operation can be rapidly halted and the CTMV can be removed from the scene in an immediate and expeditious manner. In the scenario you describe, the terminal operator would not be considered "qualified" because he is unable to move the CTMV off the rack and, therefore, lacks "the means to do so" as specified in §177.834(i)(4). In addition, the CTMV driver is not considered "qualified" because, as you informed Mr. Stevens, he is not within 7.62 meters (25 feet) of the loading operation with an unobstructed view of the cargo tank and delivery hose.
I trust this satisfies your inquiry. Please contact us if we can be of further assistance.
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards