James H. Buchholz — Hazardous Materials Safety Interpretation

Page 1i.S. Deparimen of Transportatio 400 Seventh St., S.W. Research and Washington, D.C. 20590 pecial Program dministration FEB 10 2003 Mr. James H. Buchholz 204 N Brayer St. Ref. No. 02-0249 Holgate, OH 43527 Dear Mr. Buchholz: This is in response to your September 19, 2002 letter regarding applicability of the Hazardous Materials Regulations plant movement of hazardous material that cross a public (HMR; 49 CFR Parts 171-180). Specifically you ask if intra- railroad line is subject to the HMR? The answer is yes. material that utilizes or crosses a public railroad line is An intra-plant movement of hazardous subject to the HMR during that portion of the movement. I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, Lilan, Bullyi Delmer F. Chief, Standards Development Billings Office of Hazardous Materials Standards 17/1 020249#

Page 2BAH 02-0249 File: 171.1 I have an interpertation Dated Sep. 13,1999 addressed to MrRudolph Bouie, Ref. No. 99-0232 which states: "Similarly, intra-plantmovement of hazardous materials that takes place within the contiguousplant boundry is not subject to HMR. However, intra-plant movement thatutilizes or crosses a public road is subject to the HMR during thatportion of the movement.My question is what if it is a public rail line instead of a road? Theplant owns property on both sides of the tracks, and the railroad built acrossing for the plant to cross the tracks. This crossing is onlyavailable to the plant.I am traveling all week but am home at night and can check my e-mail. Ifpossible I need an aswer by the end of the day 9/18/02. You might be ableto reach me by cell phone tomorrow. 419-262-0571. Respectfully - Jim Buchholz#