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Interpretation Response #12-0132 ([Hogan Lovells US LLP] [Mr. Kenneth M. Kastner])

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

Interpretation Response Details

Response Publish Date:

Company Name: Hogan Lovells US LLP

Individual Name: Mr. Kenneth M. Kastner

Location State: DC Country: US

View the Interpretation Document

Response text:

September 12, 2012



Mr. Kenneth M. Kastner
Hogan Lovells US LLP
Columbia Square
555 Thirteenth St., N.W.
Washington, D.C. 20004

Reference No. 12-0132

Dear Mr. Kastner:

This is in response to your request for clarification of the Hazardous Materials Regulations (HMR; 49 CFE, Parts 171-180) applicable to attendance requirements specified in § 177.834(i)(3). In your letter, you state that you have a client that conducts such operations from a shelter that, although 25 feet from the cargo tank, would be more than 25 feet in walking distance if the attendant were to leave the shelter. You explain this is due to the configuration of the shelter"s exit, which is in the back of the shelter. You also state that in the event of an emergency, all operations, such as closing valves can be performed without leaving the shelter. You ask whether "within 7.62 m (25 feet) of the cargo tank" means walking distance to the cargo tank or a 25 foot view of the cargo tank.

Section 177.834 requires that, except for unloading operations subject to §§ 177.837(d), 177.840(p), and 177.840(q), a qualified person "attends" the unloading or unloading of a cargo tank if, throughout the process, he is alert and within 7.62 m (25 feet) of the cargo tank. For purposes of § 177.834(i)(3), "within 7.62m (25 feet)" means a straight line distance; an actual walking distance and not a field of view. It is the opinion of this Office that considering the content of your letter and attachment, and considering that all controls can be performed without leaving the shelter, you may wish to apply for a special permit in accordance with Part 107, Subpart B, "Special Permits." Section 107.105 specifies the elements that each application must include, one of which is demonstrating an equivalent level of safety to the HMR. Section 107.105 also includes the various ways you may submit your application. The telephone number for the Office of Hazardous Materials Special Permits and Approvals is 202/366-4535.  

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



T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

177.837, 177.840, 177.834

Regulation Sections

Section Subject
177.834 General requirements
177.837 Class 3 materials
177.840 Class 2 (gases) materials