{"operation":"document","citation":"02-0304","title":"PACE International Union — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-07-15","effective_on":null,"summary":"02-0304 response to PACE International Union concerning 174.67.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0304.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0304.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-02-0304","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2002/020304.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n400 Seventh St., S.W.\nResearch and\nWashington, D.C. 20590\nSpeciai Programs\nAdministration\nJUL 15 2003\nMr. Rickie Bearden\nOperating Vice President\nRef. No. 02-0304\nPACE International Union\nLocal 5-727\nP.O. Box 405\nCalvert City, KY 42029\nDear Mr. Bearden:\nThis is in response to your December 2, 2002 letter concerning the monitoring of tank car unloading\noperations under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically,\nyou request that I review my response to Mr. Joe Campbell of Air Products and Chemicals dated\nFebruary 22, 2002 as it pertains to his monitoring system fulfilling the requirements outlined in the\nformal interpretation of the regulations, 87-4-RSPA.\nFrom the information you provided it appears that more than one individual plays a role in the unloading\nprocess of the tank car. The HMR do not prohibit such a practice so long as a qualified and trained\noperator is monitoring the unloading process. Therefore, I must reiterate that my February 22, 2002\ninterpretation remains unchanged.\nAn authorized electronic monitoring system must meet the four criteria outlined in the letter of formal\ninterpretation, 87-4-RSPA:\nAn employee is made responsible for unloading and is familiar with the nature and\nproperties of the material being unloaded;\nThe employee responsible for unloading is instructed in the procedures to be\nfollowed during unloading and in the event of an emergency, and has the\nauthority and ability to halt the flow of product immediately and take emergency\naction;\n3)\nIn the event of an emergency, the system must be capable of immediately\nhalting the flow of product or alerting the employee responsible for unloading;\nand\nThe monitoring device must provide immediate notification of any malfunction to\n174.67\n020304\n\n<<<PAGE 2>>>\n\n:\nthe person responsible for unloading, or the device is checked hourly for\nmalfunctions.\nAlso, if the proposed non-human monitoring system becomes disabled or inoperable, the unloading\noperator must constantly observe the unloading operation.\nI hope this satisfies your request.\nSincerely,\nSusan Dooky\nSusan Gorsky\nSenior Transportation Regulatins Specialist\nOffice of Hazardous Materials Standards\n..........\n\n<<<PAGE 3>>>\n\nJohnsen\n• Energy Work\nPACE\n5174.67\nRail\n02-0384\nAllied Industrial,\nPaper\nEnergy Workers\nhemica &:\nUnion\nInternational\nFL-CIO, CLC\nNovember 19, 2002\nLOCAL 5-727\nDelmer F. Billings\nOffice of Hazardous Materials Standards\nChief, Standards Development\nRef. No. 02-0027\nDear Mr. Billings:\nThis is in reference to your response on February 22, 2002 to Mr. Joe Campbell, Process Engineer\nising electronic controls in offloading Ethylene, specifically to meet the requirements of 174.6°\nor Air Products and Chemicals in Calvert City, Kentucky. Mr. Campbell's presentation to you o\nyou outlined in your response to Mr. Campbell, the Union has areas of concern based on the\n(D) of FIRM; 49 CFR Parts 171-180 Hazards Matcrials Regulations. Of the four items of criteria\ninformation that Mir. Campbell presented to you.\nto explain our position on Mr. Campbells intent.\nwe have included the four points of criteria in your letter and our concerns on these points to try\n1) An employee is made responsible for unloading and is familiar with the nature and properties\nof the material being unloaded;\nWe feel that an employee in the unloading department will meet this criteria, but the\nwe do not expect\nactivities, primarily hooking up and starting the off loading process.\nresponsibility of this employee to the unloading will only be a part of their daily\nine duty.\nemployees to have\nThe employee responsible for unloading is instructed in the procedures to be followed during\nunloading and in the event of an emergency, and has the authority and ability to halt the flow\nof product immediately and take emergency action;\nThe unlodon, appertin\nIt is acceptible for\n3) In the event of an emergency, the system must be capable of immediately halting the now of to monitor fa\nproduct or alerting the employee responsible for unloading:\nunlanding process.\nPO. Box 405\nThe Union feels that this type of system should have already been in place.\ncalvert Cit\nentucky 4202\n4) The monitoring device must provide immediate notification of any malfunction to the person\n502.395.4403\nphone:\nresponsible for unloading, or the device is checked hourly for malfunctions.\n\n<<<PAGE 4>>>\n\n.. d\nPACE\ntell\nAllied-Industrial,\nPaper,\nChemical &\nInternational\nEnergy Workers\nAFL-CIO, CLC\nUnion\nmanito\nMr. Campbell's concept will not notify the person responsible for the unloading process,\nLOCAL 5-727\nrather it will notify the person doing the momtoring. The Umon knows there will be a delay\nbetween the monitor person trying to convey any, information to the person who is responsible for\nchecks will not happen primarily because this defeats the purpose of this change, which is to free\nthe off loading process, this period of time could be considerable. The Union feels the hourly\nMr Bite el the union eires the once presented bit main line one a\nesponsibilities, the employees are already doing multiple simultaneous work duties\nInion feels the responsibility of the operators will be watered down simply due to the increase it\nThank you Mr. Billings for your time and we would appreciate your views on our concerns.\nSincerely,\n26b6\nRickie Bearden\nPACE Local 5-727\nOperating Vice President\nCalvert City, Ky\n270-395-4403\nPO. Box 405\nKentucky 42029\n502.395.4403","truncated":false,"body_characters":5502}