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.
Sincerely,
John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards
177.834(i)
Regulation Sections
| Section | Subject |
|---|---|
| 177.834 | General requirements |