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Interpretation Response #05-0187 ([Steptoe & Johnson, LLP] [David H. Coburn, Esq])

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

Interpretation Response Details

Response Publish Date:

Company Name: Steptoe & Johnson, LLP

Individual Name: David H. Coburn, Esq

Location State: IL Country: US

View the Interpretation Document

Response text:

Sep 7, 2005


David H. Coburn, Esq.                      Reference No. 05-0187
Attorney for Georgia-Pacific Corp.
Steptoe & Johnson, LLP
1330 Connecticut Avenue, N.W.
Washington, DC 20036-3000

Dear Mr. Coburn:

This responds to your letter requesting clarification of the term “unloading inc to movement” in § 171.8 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) on behalf of your client, Georgia-Pacific Corporation. Specifically, you ask whether unloading of bulk or other hazardous materials while the power unit is still attached to the transport vehicle and the driver of the motor vehicle being unloaded is at the same facility where the unloading occurs, but is not present at the actual site of the unloading, constitutes “unloading incidental to movement.”

The answer is no. Section 171.8 defines “unloading incidental to movement” to mean “removing a packaged or containerized hazardous material from a transport vehicle, aircraft, or vessel or, for a bulk packaging, emptying a hazardous material from the bulk packaging after the hazardous material has been delivered to the consignee and prior to the delivery carrier’s departure from the consignee’s facility or premises, or, in the case of a private motor carrier, while the driver of the motor vehicle from which the hazardous material is being unloaded immediately after movement is completed is present during the unloading operation.” We do not consider a driver to be “present” when he is in the facility where unloading operations are performed but is not at the actual unloading site where he can observe the unloading process. Hence, such unloading is not to movement.”

I trust this satisfies your inquiry.



Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
171.8 Definitions and abbreviations