Aristech Chemical Corporation — Hazardous Materials Safety Interpretation

Page 1US. Department of Transportation Special Programs Research and Administration DEC 27 2000 Mr. Michael D. Alston Ref. No. 00-0259 Aristech Chemical Corporation 210 Sixth Avenue Pittsburgh, PA 15222-2611 Dear Mr. Alston: This responds to your letter and telephone conversation with Mr. Michael Stevens of my staff regarding the attendance requirements during the loading of cargo tank motor vehicles (CTMV) in $ 177.834 of the Hazardous Materials Regulations (HMR; erminal operator would be considered "qualified" when in radic 49 CFR Parts 171-180). Specifically, you inquire whether a contact an emergency situation. with a CTMV driver who can respond within 2-3 minutes to satisfy the intent of "authorized to move the cargo tank and has It is your understanding that this would the means to do so" under the qualification requirements specified in § 177.834 (i) (4). The answer is no. at all times during a loading operation. A CTMV must be attended by a qualified person attendance requirements is to ensure that cargo tanks are safely The purpose of the operation can be rapidly halted and the CTMV can loaded and unloaded and, in the event of an emergency, the the scene in an immediate and expeditious manner. be removed from In the scenario you describe, the terminal operator would not be the rack and, considered "qualified" because he is unable to move the CTMV off in S 177.834 (i) (4). therefore, lacks "the means to do so" as specified considered "qualified" because, In addition, the CTMV driver is not is not within 7.62 meters feet) of the loading operation with as you informed Mr. Stevens, he an unobstructed view of the cargo tank and delivery hose. I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, Hottie i milkell Hattie I.. Mitchell Chief, Office of Hazardous Materials Standards Regulatory Review and Reinvention 000259 177,834#