Air Products and Chemicals, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh St., S.W. special Programs Research and Administration APR - 1 2004 Mr. Richard J. Lloyd Ref No. 04-0009 Manager, Regulatory Compliance Air Products and Chemicals, Inc. 7201 Hamilton Boulevard Allentown, Pennsylvania 18195 Dear Mr. Lloyd: This responds to your request for clarification of an amendment to the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) adopted under Docket HM-223 (final rule published October 30, 2003; 68 FR 61905). Your question concerns the applicability of revised § 174.67 to responding. tank car unloading and transloading operations. Please accept my apology for the delay in Your understanding is correct. The entire § 174.67, as revised in the HM-223 final rule, applies to transloading operations. Effective October 1, 2004, rail tank car unloading operations performed by consignees after delivery of the rail car are not subject to regulation under the § 174.67. HMR. We plan to issue a correction document later this year to clarify the applicability of I hope this information is helpful. Please let me know if you have additional questions. Sincerely, Susan Gorsky Senior Regulations Specialist Office of Hazardous Materials Standards §174.67 040009#

Page 2PRODUCTS AIR 10a 7 7201 Hamilton Boulevard Air Products and Chemicals, inc. Tel 610 481-4911 Allentown, PA 18195-1501 16 January 2004 Ms. Susan Gorsky U. S. Department of Transportation Research and Special Programs Administration Office of Hazardous Materials Standards DHM-10 400 Seventh Street, S. W. Washington, D. C. 20590 Re: Docket No. RSPA-98-4952 (HM-223) Dear Ms. Gorsky: I will appreciate your confirmation of an interpretation I received on Section 174.67 of 49 CFR from a Help Line representative during my 14 January telephone call. It is my understanding that the entire Section 174.67 including paragraphs (a) through (n) applies to tank car unloading for transloading operations. And, Section 174.67 does not apply to unloading of a tank car by a consignee within its facility, which is not subject to the Hazardous Materials Regulations (HMR). Your representative agreed with this conclusion. language of this section in the HMR. Paragraph (a) of this section reads: My question concerning the application of Section 174.67 was asked because of the introductory (a) For transloading operations, the following rules must be observed: This introduction is followed by sub-paragraphs (1) to (5). By placing the words "For transloading operations, the following rules must be observed:" after (a), it infers that only sub- paragraphs (1) to (5) apply to transloading operations while the remaining paragraphs (b) through (11) remain tank car unloading functions still regulated by the HMR. Therefore, the unloading of a tank car by a consignee within its facility would be subject to the attendance requirements of paragraph (i). We do not believe this was the intent of the HM-223 final rule since the 30 October 2003 Federal Register page 61936 states (left column) "....the unloading of a tank car by a consignee within its facility is not subject to the HMR" This confusion could be corrected by amending Section 174.67 to read: 174.67 Tank Car Unloading For transloading operations, the following rules must be observed: (a) ........ (b) (11)#

Page 3Therefore, please advise us that the unloading of a tank car by a consignee within its facility is Thank you for the clarification. not subject to the HMR including the attendance requirements of paragraph (i) in Section 174.67. Sincerely; R.J. Lloye Manager Regulatory Compliance Richard J. Lloyd#