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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #05-0267 ([Dangerous Goods Advisory Council] [Mr. Alan I. Roberts])

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

Interpretation Response Details

Response Publish Date:

Company Name: Dangerous Goods Advisory Council

Individual Name: Mr. Alan I. Roberts

Location State: DC Country: US

View the Interpretation Document

Response text:

Jan 3, 2006


Mr. Alan I. Roberts                    Reference No. 05-0267
Dangerous Goods Advisory Council
1100 H Street, N.W., Suite 740
Washington, DC 20005

Dear Mr. Roberts:

This responds to your request for clarification of the applicability of the Hazardous Materials Regulations (HMR; 49 CFF Parts 171-180) to loading and unloading operations. You are concerned specifically to requirements in the HMR applicable to loading operations conducted by offerors and unloading operations conducted by consignees.

As your letter correctly notes, a loading operation may be considered a pre-transportation function or a transportation function depending on the circumstances of the particular operation. The filling of a cargo tank or other bulk packaging or the loading of packaged or containerized hazardous materials onto a transport vehicle by an offeror is regulated as a pre-transportation function under the HMR. Thus, an offeror must comply with applicable HMR requirements concerning compatibility of ding with the packaging, outage and filling limits, securing of valves and closures, venting, segregation, cargo securement, and similar provisions.

The attendance requirements in § 177.834(i) apply to loading and unloading operations conducted by carrier personnel. Shipper personnel filling a cargo tank prior to the onset of transportation in commerce (i.e., the arrival of the carrier and the attachment of motive power) need not comply with the attendance requirements in § 177.834(i). Similarly, the attendance requirements in § 177.834(i) do not apply to unloading operations conducted by consignee personnel after the carrier delivers the cargo tank, disconnects the motive power, and leaves the unloading site.

I hope this information is helpful. Please contact this office should you need additional information.



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

173.30, 177.834(i)

Regulation Sections

Section Subject
173.30 Loading and unloading of transport vehicles
177.834 General requirements