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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 #98-0590 ([West Central Environmental Corp.] [Mr. Dana Murphy])

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

Interpretation Response Details

Response Publish Date:

Company Name: West Central Environmental Corp.

Individual Name: Mr. Dana Murphy

Location State: NY Country: US

View the Interpretation Document

Response text:

FE8 13, 1998


Mr. Dana Murphy
Vice President
West Central Environmental Corp.
Post Office Box 83
Rensselaer, NY 12144

Dear Mr. Murphy:

This is in response to your letter of December 5, 1997, concerning the status of a cargo tank which has been separated from its tractor. Specifically you asked if a cargo tank, located on private property with the motive power removed from the property, is subject to the attendance requirements of the Hazardous Materials Regulations (§ 177.834(i)) as it is loaded or off-loaded over a period of 12 to 48 hours.

"Transportation," as defined in § 5102 of the Federal hazardous material transportation law (49 U.S.C. 5101-5127), is any movement of property by any mode, and any loading, unloading, or storage incident to the movement. As applicable to the attendance requirements, highway transportation of a cargo tank ceases when: (1) The carrier's obligation for transporting the materials is fulfilled; (2) The cargo tank has been placed upon the consignee's premises; and (3) The motive power has been removed from the trailer and removed from the premises (§ 177.834(i)(2)).

A tank removed from its motive power on private property is not considered in transportation and not subject the attendance requirements when the above conditions have been met. For information concerning the Federal Motor Carrier Safety Regulations in 49 CFR Parts 300­399, please contact the Federal Highway Administration's Office of Motor Carriers at (202) 366-1790.

I hope this answers your inquiry. If we can be of further assistance, do not hesitate to contact us.



Delmer F. Billings
Chief, Regulations Development
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
177.834 General requirements