Interpretation Response #99-0008 ([Spill and Waste Departmen] [Mr. Bob Held, CHMM])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Spill and Waste Departmen
Individual Name: Mr. Bob Held, CHMM
Location State: CA Country: US
View the Interpretation Document
Response text:
JAN 25, 1999
Mr. Bob Held, CHMM Ref. No. 99-0008
Supervisor
Spill and Waste Department
3E Company
4920 Carroll Canyon Road
San Diego, California 92121
Dear Mr. Held:
This responds to your letter of January 4. 1999, concerning incident reporting requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask about the definition of "loading" as it applies to highway transportation of hazardous materials.
"Transportation" as defined in § 5102 of the federal hazardous materials 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. "Loading" is not specifically defined in the law nor is it specifically defined in the HMR. For highway transportation of hazardous materials, 'transportation" begins when a motor carrier accepts and assumes responsibility for a shipment.
The scenario presented in your letter involves a driver moving a manifested and labeled drum from a storage area to his vehicle. The driver's actions are an indication that the motor carrier has accepted the drum for shipment.
Transportation of the shipment has therefore begun. The movement from storage area to vehicle is considered to be loading incidental to transportation, and reporting of the spill under §§ 171.15 or 171.16 of the HMR is required.
I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.
Sincerely,
Thomas G. Allan
Senior Transportation Regulations Specialist
Office of Hazardous Materials Standards
171.16
Regulation Sections
| Section | Subject |
|---|---|
| 171.16 | Detailed hazardous materials incident reports |