{"operation":"document","citation":"04-0009","title":"Air Products and Chemicals, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-04-01","effective_on":null,"summary":"04-0009 response to Air Products and Chemicals, Inc. concerning 174.67.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0009.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0009.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0009","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040009.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n400 Seventh St., S.W.\nspecial Programs\nResearch and\nAdministration\nAPR - 1 2004\nMr. Richard J. Lloyd\nRef No. 04-0009\nManager, Regulatory Compliance\nAir Products and Chemicals, Inc.\n7201 Hamilton Boulevard\nAllentown, Pennsylvania 18195\nDear Mr. Lloyd:\nThis responds to your request for clarification of an amendment to the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) adopted under Docket HM-223 (final rule published\nOctober 30, 2003; 68 FR 61905). Your question concerns the applicability of revised § 174.67 to\nresponding.\ntank car unloading and transloading operations. Please accept my apology for the delay in\nYour understanding is correct. The entire § 174.67, as revised in the HM-223 final rule, applies\nto transloading operations. Effective October 1, 2004, rail tank car unloading operations\nperformed by consignees after delivery of the rail car are not subject to regulation under the\n§ 174.67.\nHMR. We plan to issue a correction document later this year to clarify the applicability of\nI hope this information is helpful. Please let me know if you have additional questions.\nSincerely,\nSusan Gorsky\nSenior Regulations Specialist\nOffice of Hazardous Materials Standards\n§174.67\n040009\n\n<<<PAGE 2>>>\n\nPRODUCTS\nAIR\n10a 7\n7201 Hamilton Boulevard\nAir Products and Chemicals, inc.\nTel 610 481-4911\nAllentown, PA 18195-1501\n16 January 2004\nMs. Susan Gorsky\nU. S. Department of Transportation\nResearch and Special Programs Administration\nOffice of Hazardous Materials Standards DHM-10\n400 Seventh Street, S. W.\nWashington, D. C. 20590\nRe: Docket No. RSPA-98-4952 (HM-223)\nDear Ms. Gorsky:\nI will appreciate your confirmation of an interpretation I received on Section 174.67 of 49 CFR\nfrom a Help Line representative during my 14 January telephone call. It is my understanding\nthat the entire Section 174.67 including paragraphs (a) through (n) applies to tank car unloading\nfor transloading operations. And, Section 174.67 does not apply to unloading of a tank car by a\nconsignee within its facility, which is not subject to the Hazardous Materials Regulations\n(HMR). Your representative agreed with this conclusion.\nlanguage of this section in the HMR. Paragraph (a) of this section reads:\nMy question concerning the application of Section 174.67 was asked because of the introductory\n(a) For transloading operations, the following rules must be observed:\nThis introduction is followed by sub-paragraphs (1) to (5). By placing the words \"For\ntransloading operations, the following rules must be observed:\" after (a), it infers that only sub-\nparagraphs (1) to (5) apply to transloading operations while the remaining paragraphs (b)\nthrough (11) remain tank car unloading functions still regulated by the HMR. Therefore, the\nunloading of a tank car by a consignee within its facility would be subject to the attendance\nrequirements of paragraph (i).\nWe do not believe this was the intent of the HM-223 final rule since the 30 October 2003 Federal\nRegister page 61936 states (left column) \"....the unloading of a tank car by a consignee within\nits facility is not subject to the HMR\"\nThis confusion could be corrected by amending Section 174.67 to read:\n174.67 Tank Car Unloading\nFor transloading operations, the following rules must be observed:\n(a) ........\n(b)\n(11)\n\n<<<PAGE 3>>>\n\nTherefore, please advise us that the unloading of a tank car by a consignee within its facility is\nThank you for the clarification.\nnot subject to the HMR including the attendance requirements of paragraph (i) in Section 174.67.\nSincerely;\nR.J. Lloye\nManager Regulatory Compliance\nRichard J. Lloyd","truncated":false,"body_characters":3672}