USA Banner

Official US Government Icon

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Site Icon

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

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

Interpretation Response #05-0300 ([Health and Environmental Excellence Center] [Ms. Cheryl A. 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: Health and Environmental Excellence Center

Individual Name: Ms. Cheryl A. Burke

Location State: DE Country: US

View the Interpretation Document

Response text:

Jan 3, 2006


Ms. Cheryl A. Burke                     Reference No. 05-0300
Distribution Safety Consultant
Dupont Safety, Health and Environmental
    Excellence Center
1007 Market Street
Wilmington, DE 19898

Dear Ms. Burke:

This responds to your November 18, 2005 letter requesting clarification concerning the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1-180) to cargo tank loading operations.

A cargo tank 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. A pre-transportation function is a function required under the HMR to assure the safe transportation of a hazardous material in commerce. Thus, an offeror must comply with applicable HMR requirements concerning compatibility of lading 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 answers your inquiry.



John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
177.834 General requirements