{"operation":"document","citation":"05-0248","title":"Cognis Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-11-04","effective_on":null,"summary":"05-0248 response to Cognis Corporation concerning 177.834.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0248.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0248.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0248","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050248.pdf","body":"<<<PAGE 1>>>\n\nJ.S. Departmen\nof Transportatior\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and\nAdministration\nHazardous Materials Safety\nNOV - 4 2005\nMs. Cindy S. Bryant\nReference No.: 05-0248\nTransport Regulatory Specialist\nCognis Corporation\n5051 Estecreek Drive\nCincinnati, OH 45232-1446\nDear Ms. Bryant:\nThis responds to your September 27, 2005 letter requesting clarification of applicability\nof the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to loading\noperations. Specifically, you ask whether the attendance requirements in § 177.834(i)\napply when a shipper is filling a cargo tank prior to the carrier's arrival at the facility to\ntake possession of the shipment for transportation.\nThe answer is no. The filling of a cargo tank or other bulk packaging by a shipper is\nregulated as a pre-transportation function under the HMR. Thus, a shipper must comply\nwith applicable HMR requirements concerning compatibility of lading with the\npackaging, outage and filling limits, securing of valves and closures, venting, and similar\nprovisions. The attendance requirements in § 177.834(i) apply to loading and unloading\noperations conducted by carrier personnel. Shipper personnel filling a cargo tank prior to\na carrier taking possession of the hazardous material for transportation need not comply\nwith the attendance requirements in § 177.834(i).\nI trust this satisfies your inquiry.\nSincerely,\nMry\nSusan Gorky\nActing Director\nOffice of Hazardous Materials Standards\n177.834(\n050248\n\n<<<PAGE 2>>>\n\nFoster\n•\n$177-83461\nOgnis\nSeptember 27, 2005\nLoading / unlading\nU.S. Department of Transportation\nCognis Corporation\nPipeline and Hazardous Materials Safety Administration\nNorth American Headquarters\nOffice of Hazardous Materials Standards\n5051 Estecreek Drive\nPHH-10\n400 Seventh Street, S.W.\nCincinnati, OH 45232-1446\nUSA\nWashington, DC 20590\nPhone 513/482-3000\nwww.cognis-us.com\nAtt: Mr. Ed Mazzullo\nSubject: HM-223, Applicability of the Hazardous Materials Regulations to Loading, Unloading, and\nStorage\nI have a questions concerning HM-223 and would greatly appreciate clarification. The questions are\nspecific to cargo tank loading.\nPrior to HM-223, when the carrier's motive power was not present at the loading (filling) of a cargo tank,\nthe cargo tank was not considered to be \"in transportation\". Therefore, attendance requirements in part\n177 did not apply.\nHowever, from reading HM-223 is seems it does not make a difference who loads (fills) a bulk package,\nsuch as a cargo tank. The loading/filling function is regulated when performed by any person, be it the\nshipper or carrier. If a shipper performs a loading (filling) function prior to the carrier's arrival, it is a pre-\ntransportation function and is subject to all applicable regulatory requirements, as stated in the docket.\nSection 173.30 states that a person who is subject to the loading/unloading regulations must load or\nunload hazardous materials into or from a transport vehicle in conformance with applicable loading and\nunloading requirements of parts 174, 175, 176, and 177. I would appreciate confirmation on whether this\nmeans the attendance requirements of 177.834(i) apply when the carrier's motive power is not present.\nIf this interpretation is not what was intended as an outcome of HM-223, will PHMSA correct it in a\nrulemaking? If PHMSA will be addressing this in a future rulemaking, what timeline might the regulated\ncommunity anticipate and what suggestions do you give for immediate compliance (i.e. which\ninterpretation should the regulated community comply with today?\nIf this interpretation is what was intended, can appropriate electronic surveillance and shut-off systems be\nused to meet attendance requirements?\nI can be reached at 513/482-5022 to discuss.\nSincere regards,\nAndy I bupiet\nCindy S. Bryant\nTransport Regulatory Specialist","truncated":false,"body_characters":3867}