The DOT 25′ Attendant Rule

One problem that seems to run wild across all businesses is DOT’s “25 feet and in line of sight” rule for unloading/loading hazardous materials.  Just this year (September & November 2012) the Pipeline and Hazardous Materials Safety Administration issued LOIs on the matter, reaffirming their expectation in regards to this rule.  The letters stated…

September 2012 Letter – Can my attendant be in a shed that is within line of sight, but the attendant would have to travel further than 25′ to the hose

This is in response to your request for clarification of the Hazardous Materials Regulations (HMR; 49 CFE, Parts 171-180) applicable to attendance requirements specified in § 177 .834(i)(3). In your letter, you state that you have a client that conducts such operations from a shelter that, although 25 feet from the cargo tank, would be more than 25 feet in walking distance if the attendant were to leave the shelter. You explain this is due to the configuration of the shelter’s exit, which is in the back of the shelter. You also state that in the event of an emergency, all operations, such as closing valves can be performed without leaving the shelter. You ask whether “within 7.62 m (25 feet) of the cargo tank” means walking distance to the cargo tank or a 25 foot view of the cargo tank. Section 177.834 requires that, except for unloading operations subject to §§ 177.837( d), 177.840(p), and 177.840(q), a qualified person “attends” the unloading or unloading of a cargo tank if, throughout the process, he is alert and within 7.62 m (25 feet) of the cargo tank. For purposes of§ 177.834(i)(3), “within 7.62m (25 feet)” means a straight line distance; an actual walking distance and NOT a field of view. (emphasis added by me) It is the opinion of this Office that considering the content of your letter and attachment, and considering that all controls can be performed without leaving the shelter, you may wish to apply for a special permit in accordance with Part I07, Subpart B, “Special Permits.” Section 107.105 specifies the elements that each application must include, one of which is demonstrating an equivalent level of safety to the HMR. Section 107.105 also includes the various ways you may submit your application.

CLICK HERE (pdf) for the entire LOI

November 2012 Letter – Does video surveillance replace an attendant

Specifically, you ask whether a qualified person supervising the loading or unloading of a cargo tank by video surveillance satisfies the HMR provided a breakaway coupling is installed that can either be activated by a pull force (passive) or remotely by an actuator (active)?

Generally, the answer is no. As specified in§ 177.834(i)(3), except for unloading operations subject to §§177.837(d), 177.840(p), and 177.840(q), a qualified person “attends” the loading or unloading of a cargo tank if, throughout the process, he is alert and is within 7.62 m (25 feet) of the cargo tank. Additionally, the qualified person attending the unloading of a cargo tank must have an unobstructed view of the cargo tank and delivery hose to the maximum extent practicable during the unloading operation.

The Pipeline and Hazardous Materials Safety Administration does not consider the use of electronic monitoring equipment, even when combined with breakaway couplings, as meeting the specific requirements contained in § 177.834. Therefore, electronic attendance during cargo tank unloading is authorized only by special permit. You may contact our Approvals and Permits Division at (202) 366-4535 for more information.

CLICK HERE (pdf) for the entire LOI

There are some particular matters that need to be addressed:

First, notice that the Pipeline and Hazardous Materials Safety Administration states that to deviate from the “attendant” requirements that a “special permit” is required.  In some rare cases a facility may “piggy back” (officially called “being a party to”) onto an existing special permit; but in either case, a facility not abiding by the attendance requirements as spelled out by the DOT regs MUST have a “Special Permit” conspicuously displayed in the area of loading/unloading or remote attendance area specifcially allowing the facility to deviate from the “attendance requirements”.  PLEASE NOTE, most of the “Special Permits” I have seen regarding the “Attendance” requirements do NOT grant “Party Status”, meaning that EACH facility will most likely have to apply for their own “special permit” if they wish to deviate from the regulation(s).

 

Second, there are DIFFERENT attendance requirements depending on the Class of HAZMAT being loaded/unloaded and the configuration of the loading/unloading spot(s).  Here is a breakdown of the “attendance” requirements:

177.834 General Requirements

(i) Attendance requirements —

(1) Loading. A cargo tank must be attended by a qualified person at all times when it is being loaded. The person who is responsible for loading the cargo tank is also responsible for ensuring that it is so attended.

(2) Unloading. A motor carrier who transports hazardous materials by a cargo tank must ensure that the cargo tank is attended by a qualified person at all times during unloading. However, the carrier’s obligation to ensure attendance during unloading ceases when:

(i) The carrier’s obligation for transporting the materials is fulfilled;

(ii) The cargo tank has been placed upon the consignee’s premises; and

(iii) The motive power has been removed from the cargo tank and removed from the premises.

(3) Except for unloading operations subject to §§ 177.837(d), 177.840(p), and 177.840(q), a qualified person “attends” the loading or unloading of a cargo tank if, throughout the process, he is alert and is within 7.62 m (25 feet) of the cargo tank. The qualified person attending the unloading of a cargo tank must have an unobstructed view of the cargo tank and delivery hose to the maximum extent practicable during the unloading operation.

(4) A person is “qualified” if he has been made aware of the nature of the hazardous material which is to be loaded or unloaded, he has been instructed on the procedures to be followed in emergencies, he is authorized to move the cargo tank, and he has the means to do so.

177.837 Class 3 materials

(d) Unloading combustible liquids. For a cargo tank unloading a material meeting the definition for combustible liquid in § 173.150(f) of this subchapter, the qualified person attending the unloading operation must remain within 45.72 meters (150 feet) of the cargo tank and 7.62 meters (25 feet) of the delivery hose and must observe both the cargo tank and the receiving container at least once every five minutes during unloading operations that take more than five minutes to complete.

177.840 Class 2 (gases) materials

(p) Unloading procedures for liquefied petroleum gas and anhydrous ammonia in metered delivery service.  An operator must use the following procedures for unloading liquefied petroleum gas or anhydrous ammonia from a cargo tank motor vehicle in metered delivery service:

(1) For a cargo tank with a capacity of 13,247.5 L (3,500 water gallons) or less, excluding delivery hose and piping, the qualified person attending the unloading operation must remain within 45.72 meters (150 feet) of the cargo tank and 7.62 meters (25 feet) of the delivery hose and must observe both the cargo tank and the receiving container at least once every five minutes when the internal self-closing stop valve is open during unloading operations that take more than five minutes to complete.

(2) For a cargo tank with a capacity greater than 13,247.5 L (3,500 water gallons), excluding delivery hose and piping, the qualified person attending the unloading operation must remain within 45.72 m (150 feet) of the cargo tank and 7.62 m (25 feet) of the delivery hose when the internal self-closing stop valve is open.

(i) Except as provided in paragraph (p)(2)(ii) of this section, the qualified person attending the unloading operation must have an unobstructed view of the cargo tank and delivery hose to the maximum extent practicable, except during short periods when it is necessary to activate controls or monitor the receiving container.

(ii) For deliveries where the qualified person attending the unloading operation cannot maintain an unobstructed view of the cargo tank, when the internal self-closing stop valve is open, the qualified person must observe both the cargo tank and the receiving container at least once every five minutes during unloading operations that take more than five minutes to complete. In addition, by the compliance dates specified in §§ 173.315(n)(5) and 180.405(m)(3) of this subchapter, the cargo tank motor vehicle must have an emergency discharge control capability that meets the requirements of § 173.315(n)(2) or § 173.315(n)(4) of this subchapter.

(q) Unloading procedures for liquefied petroleum gas and anhydrous ammonia in other than metered delivery service.  An operator must use the following procedures for unloading liquefied petroleum gas or anhydrous ammonia from a cargo tank motor vehicle in other than metered delivery service:

(1) The qualified person attending the unloading operation must remain within 7.62 m (25 feet) of the cargo tank when the internal self-closing stop valve is open.

(2) The qualified person attending the unloading operation must have an unobstructed view of the cargo tank and delivery hose to the maximum extent practicable, except during short periods when it is necessary to activate controls or monitor the receiving container.

 

Third, a “special permit” comes with some STRICT REQUIREMENTS – they are NOT “a pass” to skip over the requirements.  Here is a portion of a “Special Permit” and its requirements:

SAFETY CONTROL MEASURES:

1. 1. PACKAGING -The hazardous material must be transported in an authorized DOT Specification cargo tank motor vehicle.
   2. OPERATIONAL CONTROLS
      1. Each cargo tank must be loaded or unloaded by qualified persons who are familiar with the product and with the proper procedures for its safe handling.
      2. The provisions of § 177.834 (i) must be complied with, except that paragraph (3) is replaced with the following: “A designated Production Operator must observe all loading operations by means of a video monitor located in the remote control station. The loading system must be equipped with the following:
         1. The video camera must have a motorized zoom lens, and must be capable of panning and zooming from the remote control station. The camera must be mounted so as to provide an unobstructed view of all equipment involved in loading or unloading operations of the cargo tank. This must include all valves, hoses, domes, and safety relief devices. In addition, the view capability must include the entire containment area.
         2. Upon loss of video, loading or unloading operations must be immediately terminated.
         3. Shut-off valves operable from the remote control station must be provided.
         4. In the event of a remote system failure, the Production Operator must immediately resume attending loading or unloading operations from within 7.62 meters (25-feet) of the cargo tank.
         5. A containment area must be provided capable of holding the contents of as many cargo tank motor vehicles as might be loaded or unloaded at the facility at any single time.
      3. SPECIAL PROVISIONS:
         1. A current copy of this special permit must be conspicuously displayed at the remote control station at the Indianapolis, Indiana facility.
         2. The Production Operator must visually inspect each cargo tank motor vehicle after it is loaded or unloaded, prior to departure.
         3. Written procedures for training of the Production Operators, for their adherence to standard operating procedures, and for inspection and maintenance of video equipment and of the shut-off valve/remote control system must be on file with the Office of Hazardous Materials Special permits and Approvals prior to operating under the terms of this special permit. XXX XXXXX and Company must continuously maintain a current list of qualified Production Operators. A copy of this list must be available for inspection during normal working hours.
         4. This special permit applies only to loading or unloading operations at the XXX XXXXX and Company facility at Indianapolis, IN.

MODES OF TRANSPORTATION AUTHORIZED: Motor vehicle.

MODAL REQUIREMENTS: None other than as required by the HMR.

COMPLIANCE: Failure by a person to comply with any of the following may result in suspension or revocation of this special permit and penalties prescribed by the Federal hazardous materials transportation law, 49 U.S.C. 5101 et seq:

• All terms and conditions prescribed in this special permit and the Hazardous Materials Regulations, 49 CFR Parts 171-180. 
• Persons operating under the terms of this special permit must comply with the security plan requirement in Subpart I of Part 172 of the HMR, when applicable.
• Registration required by § 107.601 et seq., when applicable. Each “Hazmat employee”, as defined in §171.8, who performs a function subject to this special permit must receive training on the requirements and conditions of this special permit in addition to the training required by §§ 172.700 through 172.704. No person may use or apply this special permit, including display of its number, when this special permit has expired or is otherwise no longer in effect.