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Interpretation Response #04-0090 ([Air Products and Chemicals, Inc.] [Mr. Richard J. Lloyd])

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

Interpretation Response Details

Response Publish Date:

Company Name: Air Products and Chemicals, Inc.

Individual Name: Mr. Richard J. Lloyd

Location State: DC Country: US

View the Interpretation Document

Response text:

May 18, 2004


400 Seventh St., S.W.
Washington, D.C. 20590



Mr. Richard J. Lloyd                Reference No. 04-0090
Manager Regulatory Compliance
Air Products and Chemicals, Inc.
7201 Hamilton Boulevard
Allentown, PA 18195-1501

Dear Mr. Lloyd:

This is in response to your April 5, 2004 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to incident reporting.  You request clarification of the incident reporting requirements in the December 3, 2003 Final Rule, “Revisions to Incident Reporting Requirements and the Hazardous Materials Incident Report Form,” under Docket HM-229 in regard to the application of pre-transportation loading functions performed by shippers as found in the October 30, 2003 Final Rule, “Applicability of the Hazardous Materials Regulations to Loading, Unloading, and Storage,” under Docket HM-223.  Specifically, you ask whether hazardous materials incidents that occur during loading operations conducted by a shipper prior to a carrier’s arrival at its facility to pick up the shipment, or during unloading operations conducted by consignee personnel after the hazardous material has been delivered, are required to be reported under §§ 171.15 and 171.16 of the HMR.

The answer is no.  The hazardous materials incident reporting requirements apply to hazardous materials incidents that occur during transportation in commerce.  As defined in Docket HM­223, transportation functions, such as shipper loading operations, are regulated under the HMR.  However, an incident that occurs during operations by a shipper prior to a carrier’s arrival are not subject to the incident reporting requirements because the incident does not occur during transportation.

I hope this information is helpful.



John A. Gale
Standards Development
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
171.16 Detailed hazardous materials incident reports