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Interpretation Response #98-0209

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

Interpretation Response Details

Response Publish Date: 09-29-1998
Company Name: Elf Atochem North America, Inc    Individual Name: Mr. William Oister
Location state: PA    Country: US

View the Interpretation Document

Response text:

SEP 29, 1998


Mr. William Oister                         Ref. No. 98-0209
Elf Atochem North America, Inc.
2000 Market Street
Philadelphia, PA 19103-3222

Dear Mr. Oister:

This is in response to your letter requesting clarification of 49 CFR 177.834(h).  Specifically, you ask whether an IM portable tank on a chassis which is not connected to a power unit is subject to the Hazardous Materials Regulations (HMR; 49 CFR, Parts 171-180). 

As discussed in the preamble of the notice of proposed rulemaking (NPRM) under Docket RSPA-97-2905 (HM-166Y)(copy enclosed), it is this Office's position that highway transportation ceases when the IM portable tank has been removed from the trailer and placed on the consignee's premises, or the motive power has been removed from the trailer and disconnected from the premises.  Accordingly, under these conditions, the IM portable tank would not be subject to the HMR.

Please contact us if we may be of further assistance.



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


Regulation Sections

Section Subject
§ 177.843 Contamination of vehicles