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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

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.



John A. Gale
Chief, Standards Development Office of Hazardous Materials Standards


Regulation Sections

Section Subject
177.834 General requirements