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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 #05-0295 ([DuPont SHE Excellence Center] [Ms. Cherry Burke])

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

Interpretation Response Details

Response Publish Date:

Company Name: DuPont SHE Excellence Center

Individual Name: Ms. Cherry Burke

Location State: DE Country: US

View the Interpretation Document

Response text:

Jan 3, 2006


Ms. Cherry Burke                      Reference No. 05-0295
Distribution Safety Consultant
DuPont SHE Excellence Center
DuPont Building 6096
1007 Market Street
Wilmington, DE 19898

Dear Ms. Burke:

This is in response to your November 18, 2005 letter requesting clarification regarding the attendance requirements for cargo tanks specified under the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1-180). In your scenario, transportation has ceased, the cargo tank has been placed on consignee’s property, and the motive power has been removed. Specifically, you ask if the cargo tank attendance requirements in § 177.834(i) are applicable to a cargo tank that is loaded under the conditions in this scenario.

The answer is no. A pre-transportation function as specified in the HMR is a function required to assure the safe transportation of a hazardous material in commerce. Each shipper of a hazardous material must comply with applicable HMR requirements concerning compatibility of the lading with the packaging, outage and filling limits, securing of valves and closures, venting, and similar provisions. The attendance requirements in § 177.834(i) apply to loading and unloading operations performed by the carrier. Therefore, a shipper who loads a cargo tank prior to the onset of transportation in commerce (i.e., the arrival of the carrier and the attachment of motive power) is not subject to the attendance requirements in § 177.834(i).

I hope this information is helpful.



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


Regulation Sections

Section Subject
177.834 General requirements