{"operation":"document","citation":"05-0267","title":"Dangerous Goods Advisory Council — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-01-03","effective_on":null,"summary":"05-0267 response to Dangerous Goods Advisory Council concerning 173.30, 177.834.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0267.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0267.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0267","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050267.pdf","body":"<<<PAGE 1>>>\n\nMr. Alan I. Roberts\nRef. No. 05-0267\nDangerous Goods Advisory Council\n1100 H Street, N.W., Suite 740\nWashington, DC 20005\nDear Mr. Roberts:\nThis responds to your request for clarification of the applicability of the Hazardous\nMaterials Regulations (HMR; 49 CFF Parts 171-180) to loading and unloading\noperations. You are concerned specifically to requirements in the HMR applicable to\nloading operations conducted by offerors and unloading operations conducted by\nconsignees.\nAs your letter correctly notes, a loading operation may be considered a pre-transportation\nfunction or a transportation function depending on the circumstances of the particular\noperation. The filling of a cargo tank or other bulk packaging or the loading of packaged\nor containerized hazardous materials onto a transport vehicle by an offeror is regulated as\na pre-transportation function under the HMR. Thus, an offeror must comply with\napplicable HMR requirements concerning compatibility of inding with the packaging,\noutage and filling limits, securing of valves and closures, venting, segregation, cargo\nsecurement, and similar provisions.\nThe attendance requirements in § 177.834(i) apply to loading and unloading operations\nconducted by carrier personnel. Shipper personnel filling a cargo tank prior to the onset\nof transportation in commerce (i.e., the arrival of the carrier and the attachment of motive\npower) need not comply with the attendance requirements in § 177.834(i). Similarly, the\nattendance requirements in § 177.834(i) do not apply to unlading operations conducted\nby consignee personnel after the carrier delivers the cargo tank, disconnects the motive\npower, and leaves the unloading site.\nI hope this information is helpful. Please contact this office should you need additional\ninformation.\nSincerely,\nHothe Mitchell\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n050267\n\n<<<PAGE 2>>>\n\nPipenne and nazardous watertals salety Administration\nU.S. Department of Transportation\n3113•30\n400 Seventh Street, S.W.\n8177.83461\nWashington, DC 20590\n-\nDear Mr. Mazzullo:\nLoading\n~ Malaading\n05-0267\nIn light of HM-223 and previous interpretations, I am seeking your reaffirmation that the attendance\nrequirements in §177.834(i) do not apply to an offeror loading a cargo tank when the motive power unit is\nnot connected and the carrier is not on the premises.\nThe HM-223 final rule identified the filling of a bulk packaging as a pretransportation function when carried\nout by the offeror in §171.1(b)(3) and as a transportation function when performed by carrier personnel or\nin the presence of carrier personnel in §171.1(c)(2). The requirement in §173.30, while originally proposed\nfor deletion, was retained and revised in the HM-223 final rule. The preamble states that the provision was\nretained as revised to \"clarify that persons who are subject to the loading and unloading requirements of the\nHMR must comply with all applicable loading and unloading regulations.\"\nPrior to HM-223, §173.30 required that a person who loads or unloads a hazardous material into a transport\nvehicle was required to do so in accordance with the requirements in Part 177. An interpretation (Ref. No.\nAs material to transo\n98-0242) clarifies that an offeror \"who loads or unloads hazardous materials on a transpert vehicle is\nperforming a carrier function and must comply with the applicable loading and unloading requirements.\" A\nresponse in an interpretation dated October 18, 2000 (Ref. No. 00-0132) qualifies this statement as follows:\n\"O3, Is the tank considered, to be in transportation if the motive!\nif the motiye power is removed?\n,A3. No. A cargo tank removed from its motive power on private property is not considered to be in\ntransportation. Therefore, if a motor carrier delivers a cargo tank to a shipper, disconnects the\nmotive power and leaves the premises, the person loading the cargo tank is not responsible for\nensuring attendance as provided by § 177.834(i)(1).\"\nWith the introduction of the term \"pretransportation function\", it would seem that an offeror is only suhject\nto loading or unloading requirements required \"to assure the safe transportation of a hazardous material\"\nwhile in the public domain. This could be the intended meaning of the word \"applicable\" in the revised\n§173.30, but this is not clear.\nGiven the amendment of §173.30 under HM-223, your reaffirmation of the non applicability of the\n3000 OF 00 a\nattendance requirement to an offeror, as we!! as clarification on which other loading and unloading\nrequirements in Part 177 are applicable to an offeror would be appreciated.\nSincerely,\nHai catchen?.\nAlan I. Roberts\nmaching.\n!! 000180.:\nPresident\n• DGAC is a leading international membership organization representing all aspects of the hazardous materials/dangerous goods transportation industry. •","truncated":false,"body_characters":4893}