Interpretation Response #05-0249 ([Cognis Corporation] [Ms. Maureen Hailer])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Cognis Corporation
Individual Name: Ms. Maureen Hailer
Location State: IL Country: US
View the Interpretation Document
Response text:
Dec 7, 2005
Ms. Maureen Hailer Reference No. 05-0249
SHE Manager
Cognis Corporation
2525 5. Kensington
Kankakee, IL 60901
Dear Ms. Haller:
This responds to your September 28, 2005 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if the cargo tank attendance requirements in § 177.834(i) apply to a shipper who loads a cargo tank prior to the arrival of the carrier and attachment to the motive power.
The answer is no. The filling of a cargo tank or other bulk packaging by a shipper is regulated as a pre-transportation function under the HMR. A pre-transportation function is a function specified in the HMR that is required to assure the safe transportation of a hazardous material in commerce. Thus, a shipper must comply with applicable HMR requirements concerning compatibility of lading with the packaging, outage and filling limits, securing of valves and closures, venting, and similar provisions. The attendance requirements in § 177.834(i) apply to loading and unloading operations conducted by carrier personnel. Shipper personnel filling a cargo tank prior to the onset of transportation in commerce (i.e., the arrival of the carrier and the attachment of motive power) need not comply with the attendance requirements in § 177.834(i).
I hope this information is helpful.
Sincerely,
John A. Gale
Chief, Standards Development Office of Hazardous Materials Standards
177.834(i)
Regulation Sections
| Section | Subject |
|---|---|
| 177.834 | General requirements |