{"operation":"document","citation":"00-0132","title":"Dow Chemical Canada, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-10-18","effective_on":null,"summary":"00-0132 response to Dow Chemical Canada, Inc. concerning 177.834.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0132.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0132.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0132","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000132.pdf","body":"<<<PAGE 1>>>\n\n400 Seventh St., S.W.\nWashington, D.C. 20590\nResearch and\npecial Program:\nidministration\nOCT 1 8 2000\nMr. Phil Stewart\nDow Chemical Canada, Inc.\n1425 Vidal Street South\nRef. No. 00-0132\nSarnia, Ontario\nCANADA N7T 8C6\nDear Mr. Stewart:\nThis is in response to your request concerning the attendance requirements for loading and\nunloading of a cargo tank motor vehicle under 177.834(i) of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180). Your questions are paraphrased and answered as\nfollows:\nScenario 1:\nA cargo tank arrives at our unloading rack. The motive power remains connected. The cargo\ntank is unloaded into a storage tank, tank farm or processing unit by our plant personnel.\nQ1.\nIs the cargo tank considered to be \"in transportation\"? If so, do all the unloading\nattendance requirements apply, including the requirement that personnel remain within 25\nfeet of the tank during the entire offloading operation?\nA1.\nYes, if the carrier's obligation to transport the hazardous material is not yet fulfilled, the\ncargo tank is still \"in transportation.\" All unloading requirements of the HMR apply. As\nprovided by § 177.834(i)(2), a carrier's obligation to ensure attendance during unloading\nYou provided other alternative scenarios, some where the motive power remained and some\nwhere the motive power was removed. If the carrier has no further obligation, as determined\nunder § 177.834(i)(2), then the attendance requirements do not apply to anyone. If the carrier\nstill has an obligation, the attendance requirements then apply to whoever unloads.\n177.834\n000132\n\n<<<PAGE 2>>>\n\nScenario 2:\nA cargo tank motor vehicle operated by a motor carrier arrives at our loading rack. The motive\npower remains connected. The cargo tank is loaded from our storage tanks by our plant\npersonnel.\nQ2.\nIs the tank considered to be \"in transportation\"?\nA2.\nYes. As provided by § 177.834(i)(1), a cargo tank must be attended by a qualified person\nat all times when it is being loaded. The person who is responsible for loading the cargo\ntank is also responsible for ensuring that it is attended. A person is \"qualified\" if he has\nbeen made aware of the nature of the hazardous material which is to be loaded or\nunloaded, he has been instructed on the procedures to be followed in emergencies, he is\nauthorized to move the cargo tank, and he has the means to do so.\n(See § 177,834(i)(4)).\nQ3.\nIs the tank considered to be \"in transportation\" if the motive power is removed?\nA3.\nNo. A cargo tank removed from its motive power on private property is not considered to\nbe in transportation. Therefore, if a motor carrier delivers a cargo tank to a shipper,\ndisconnects the motive power and leaves the premises, the person loading the cargo tank\nis not responsible for ensuring attendance as provided by § 177.834(i) 1).\nYou also stated that your plant sites have no public access and that the loading and unloading\nracks have fully automated electronic monitoring capabilities that can be controlled from control\nrooms and that can be manually operated if the automated process malfunctions. The HMR\ncurrently do not provide for the use of an automated monitoring system, in lieu of direct human\nintervention, for the loading and unloading of cargo tanks in transportation. However, you may\nwish to seek authorization to use an automated monitoring system by submitting an application\nfor exemption in accordance with the procedures in § 107.105. I have enclosed for your\ninformation copies of three Federal Register publications on the attendance requirements.\nI hope this information is helpful.\nSincerely,\nHatte z. Mithell\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\nEnclosures\n\n<<<PAGE 3>>>\n\nAPR-28-00 FRI 04:25 PM DOW CUSTOMS SARNIA\nFAX NO. 519 339 3871\nP. 01\nDow Chemical Canada Inc.\n1425 Vidal Street South\nSarnia, Ont.\nBetts\nN7T 8C6\nPhone: (519) 339-5047\nPhil Stowart\n177.834\n00-0132\nFax: (519) 339-3871\nc-mail: pjstewart@dow.com\n• ..\nDow Chemical Facsimile Transmittal\n...\nTo: U.S. Depariment of\nFax:\n(202) 366-3012\nTransportation\nFrom: Phil Stewart\nDate:\n28/04/2000\nRe: Loading/Unloading\nPages: 2\nRequirements\nCC:\nUrgent\nFor Review\nPlease Comment X Please Reply Please Recycle\nNotes:\nTo Whom It May Concern:\nAltached is a document I sent via your web page carlier today. I received a phone\nthis afternoon staling that I was required to fax this request to your department if I\na written response to my questions is required. In light of this, would you please\nreview and send me a written response of interpretation or ruling to the questions\nlisted and sent a reply back to the above mentioned address.\nThanks,\nPhil Stewart\nPhil Stewart:\n\"*.\n...:..\n..:\n\n<<<PAGE 4>>>\n\nAPR-28-00 FRI 04:25 PM\nDOW CUSTOMS SARNIA\nFAX NO. 519 339 3871\nP. 02\nConfirmation of Information Sent\nPage 1 of 2\n•\nYour Response Has Successfully Been Sent\nThe following was submitted to hinis @rspa.dot.gov on Friday, April 28, 2000 al 11:37:37\nmessage_type: Other\ncomments: Would you please provide your interpretation or ruling with regards attendance\nrequirements as stipulated in 177.834 (i)(I) & (2), 10 the following Loading/Unloading situations I\nSitualion #1 Cargo tank arrives at unloading rack. Motive of power remains hooked up. The tank will\nhe offloaded into a storage tank or tank farm by our plant personncl. Is this tank considered to be \"In\nTransport\"? If so, do all the unloading attendance requirements apply as stipulated including our\npersonnel lo be within 25' of the tank during the catire offloading operation? Situation #2 Cargo tank-\narrives at unloading rack. Molive of power is removed and carrier Icaves. 'The tank will be offloaded\ninto a storago tank or tank farm by our plant personnel. Is this tank considered to bo \"In Transport\"? If\nso, do all the unloading attendance requiremonts apply as stipulated including our personnel to bo.\nwithin 25' of the tank during the cntire offloading operation? Situation #3 Cargo tank arrivos at\nunloading rack. Motive of power remains hooked up. The tank will be offloaded directly into our\nprocessing unit by our plant personnel. Is this tank considered to be \"In Transport\"? If so, do all the\nunloading attendance requirements apply as stipulated including our personnel 10 be within 25' of the\ntank during the entire offloading operation? Situation #4 Cargo tank arrives at unloading rack. Motive\nof power is removed and carricr leaves. The tank will be offloaded dirctly into our processing unit\nby our plant personnol. Is this tank considered to bo \"In Transport\"? If so, do all the unloading.\naltendanco requirements apply as stipulated including our personnel to be within 25' of the tank.\nduring the entire offloading opcration? Situation #5 Gargo tank arrives at loading rack. The motive of\npower remains hooked up. The tank will be loaded from our storage tanks by our plant porsonnel. Is\n¡his Lank considered to bo \"In Transport\"? If so, do all the loading attendance requirements apply as\nstipulaled. Is our personnel who will be loading this tank required to be within 25' of the tank during\nthe entire loading period or what docs attended by a qualified porson at all times when the tank is\nbeing loaded mean? Situation #6 Cargo tank arrives at loading rack. The motive of power is removed\nvarious lypes of loading/unloading situations that do occur and to obtain a complete an answer as\npossible. Thanks in advance, Phil Stewart\norganization: Dow Chemical Canada Inc.\nphone: (519) 339-5047\nhttp://hazmat.dot.gov/cgi-bin/formmail.pl\n04/28/2000","truncated":false,"body_characters":7579}