{"operation":"document","citation":"02-0071","title":"Hazardous Materials Safety Interpretation 02-0071","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2002-10-22","effective_on":null,"summary":"02-0071 concerning 174.67.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0071.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0071.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0071","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020071.pdf","body":"<<<PAGE 1>>>\n\nWashington, D.C.\n400 Seventh Street, S.W.\n20590\nResearch and\nAdministration\nSpecial Programs\nOCT 2 2 2002\nMs. Sarah R. Maguffee\nHusch & Eppenberger, LLC\nRef. No. 02-0071\n235 East High Street\nP.O. Box 1251\nJefferson City, MO 65102-1251\nDear Ms. Maguftee:\nThis responds to your February 27, 2002 letter concerning attendance requirements for rail car\nunloading under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically,\nyou ask if the attendance requirements apply to a tank car undergoing a steaming process that is not\nmanway open, provided the steaming process is not connected to or part of the unloading process.\nThe February 18, 2000 letter addresses the rail car attendance requirements as they apply to a\nsteaming process during which vapors are vented through a valve that is connected via closed pipe to a\npermitted air pollution control device. In addition, on November 15, 2001, we issued a letter of\nclarification to Koch Materials Company (Ref. No. 01-0269) concerning attendance requirements for a\nsteaming process that is conducted with the manway slightly open to relieve any potential pressure.\nBoth letters stated that attendance is not required when a tank car is connected to a steaming device\nthat is not interconnected with or part of the unloading process or if the steaming process is conducted\nwith all valves and manways closed. This statement apparently has resulted in some confusion as to the\napplicability of the attendance requirements to certain steaming operations.\nwe erroneously affirmed with an interpretation that would allow a tank car, undergoing a steaming\nwe are withdrawing ietter kel. No. 01-0269, which we issued on November 15, 2001. In that letter\nprocess before unloading, to have an open manway without being attended. We apologize for the\nerror and subsequent confusion this may have caused.\nThe attendance requirements set forth in § 174.67(i) apply to a steaming operation that is connected to\nor part of the unloading process. Further, the attendance requirements apply when manways or valves\nare open to relieve pressure, either to the atmosphere or a pollution control device, during heating of a\nmaterial in preparation for unloading, even if the steaming process is not connected to or part of the\nunloading process itself. Thus, the steaming process you describe is subject to the attendance\nrequirements in § 174.67(i).\n114.61\n020071\n\n<<<PAGE 2>>>\n\nPage 2\nI hope this information is helpful. If you have further questions, please do not hesitate to contact this\noffice.\nSincerely,\nHelmand 7. Mazallo\nEdward Mazzullo\nDirector, Office of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nFEB. 27.2002 1:59PM\nHUSCH & EPPENBERGER\nNO, 1899 P. 2\n:\nHusch & Eppenberger, LIC\n235 East High Street\nAttorneys and counselors at Law\nP.O. Box 1251\n573,635.9119\nJeffarson City. MO 65102-1251\n573.634,7854 f0X\nE-mail: sarah.maguffee@husch.com\nDirect Dial: (573) 761-1111\nFebruary 27, 2002\nvolinser\n3 74.67\nVia Facsimile and U.S. Mail\nTank Car Unloading\nThomas G. Allan\nSenior Transportation Regulations Specialist\n02-0011\nOffice of Hazardous Materials Standards (DHM-10)\nResearch and Special Programs Administration\nU.S. Department of Transportation\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nRe: Request for Interpretation Regarding Tank Car Unloading\nDear Mr. Allan:\nOn February 18, 2000, your office issued a clarification of the attendance requirements\nfor tank car unloading in 49 C.F.R. 174.67. The clarification (copy enclosed) addresses applica-.\ntion of the attendance requirements to a tank car steaming process. We represent a company that\nreceives hazardous materials by tank car. Prior to initiation of the unloading process, certain\nindicates that the attendance requirements in 49 C.F.R. 174.67 do not apply to the tank cars while\ntank cars delivered to the company undergo a steaming process. The February 2000 clarification\nthey are undergoing the steaming process used by our client. We respectfully request confirma-\ntion of our understanding that 49 C.F.R. 174.67, as clarified by the February 2000 letter, does not\napply to tank cars during the steaming process described below.\ncar. The coil is not in contact with the product in the tank car, and the steam hose is the only\nprocess, which precedes unloading, a steam hose is attached to a coil on the interior of the tank\nway cover on the top of the tank car is slightly ajar to prevent potential pressure buildup in the\ntank car. We do not believe that the attendance requirements in 49 C.F.R. 174.67 apply to this\nstanding.\n:ODMAIPCDOCSUEFFERSON_CITY113939011\nSPRINGFIELO\nST. LOUIS\nLEAWOOD\nCLAYTON\nWIGHITA\nKANSAŞ ÇITY\nPEORIA\nJEFFERSON CITY\nCHATTANOOGA\n\n<<<PAGE 4>>>\n\nFEB. 27.2002 1:59PM\nHUSCH & EPPENBERGER\nNO. 1899 P. 3\nThomas G. Allan\nSenior Transportation Regulations Specialist\nFebruary 27, 2002\nPage 2\nSection 174.67 states, in relevant part:\n(i) Tank cars may not be allowed to stand with unloading\nconnections attached after unloading is completed.\ncar is connected to [the unloading device, the car must be\nThroughout the entire period of unloading, and while [the]\nG) If necessary to discontinue unloading a tank car for\nany reason, all unloading connections must be discon-\nnected. All valves must first be tightly closed, and the\nclosures of all other openings securely applied\nand the tank car is not connected to any unloading device. The only physical connection be-\nDuring the steaming process described above, ho unloading connection is established,\ntween the tank car and the plant is the steam hose, which is not in contact with the product and is\nnot considered an unloading connection or device. All valves on the tank car that are used to\nstanding that the attendance requirements in Sections 174.67(i) and (i) do not apply.\noffload the product remain closed during steaming. Under these circumstances, it is our under-\nThe clarification issued in February 2000 supports our understanding. The clarification\nstates that attendance is not required when a tank car is connected to a steaming device that is not\ninterconnected with, or part of, the unloading process.. The steam hose used by our client is not\ninterconnected with, or part of, the unloading process. Under the February 2000 clarification; the\nattendance requirements do not apply during our client's steaming process, therefore.\ndance requirements in 49 C.F.R. 174.67. If you have any questions about this request or require\nWe would appreciate your prompt response to this request for clarification of the atten-\nadditional information, please contact me. Thank you for your assistance in this matter.\nSincerely,\n•\nSarah R. Maguffee\nSarah R. Maguffee\nEnclosure\ncc:\nLaurel S. Burchell, w/enclosure\nChristine Zavada, w/enclosure\n:ODMAIPCDOCSUEFFERSON_CTTY113939012\nHUSCH\nEPPENDERGER, LUC","truncated":false,"body_characters":6826}