Florida East Coast Railway, L.L.C. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh St., S.W. Research and Special Programs Administration APR - 6 2004 Mr. W. L. Buzick Ref. No. 04-0026 Florida East Coast Railway, I.I.C. P.O. Box 1048 One Malaga Street St. Augustine, FL 32085-1048 Dear Mr. Buzick: This is in response to your February 4, 2004, letter regarding incident reporting requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if the exception under § 171.16 (d) applies to materials offered ior transportation or transported by rail. The answer is yes. In the final rule published December 3, 2003 involving hazardous materials offered for transportation or (Docket HM-229; 68 FR 67746); effective July 1, 2004 incidents exception in § 171.16 (d) (2) are excepted from { 171.16 (a) througr ransported by rail, highway, or vessel, which fall under the (c) . I hope this satisfies your request. Sincerely, so, standards Development Office of Hazardous Materials, Standards $171.16 040026#

Page 2Feb. 4. 2004 9:10AM No.2183 P. T FEC Florida East Coast RAILWAY, L.L.C. BAH $171.16 February 4, 2004 Hazardous Materials Via U.S. Mail and Facsimile #(202)366-3012 Incident Reports 04-0026 Mr. Edward T. Mazzullo Dircolor, Office of Hazardous Materials Standards U.S DOT/RSPA (DHM-10) 400 7th Street S.W. Washington, D.C. 20590-0001 Re: 49 CFR Part 171 [Docket No. RSPA-99-5013 (HM-2290)] Dear Mr. Mazzullo: The rovised regulation at 49 CFR Part 171.16(d)(2) provides that unloss a telephone report is not apply if unintentional releases of hazardous materials meet certain classification, capacity roquired under 49 CFR Part 171.15, the roporting requirements under 171.16 (a), (b) and (c) do and aggregate rolcasc amounts, the material is not a hazardous waste or an undeclared hazardous material AND the matcrial is "not offered for transportation or transported by aircraft." It is our understanding that the words "by aircraf!" at 49 CFR Part 171.16(d)(2)(iv) (A) relate to both the "offered for transportation" and "transporled" terms. Thus, for cxample, if an unintentional release of hazardous material mccting the other requirements of 171 16(d)(2) was offered for transportation by rail, the reporting excoption would still apply. Wo would approciato confirmation of our understanding that the exception set forth at 49 CFR Part 171.16(d)(2) is applicable to hazardous releases of materials offered for rail transportation or transported by rail, if all of the other requircments of 49 CFR Part 171.16(d)(2) are mct Sincerely, W. L. Buzick Corporate Directorof Env. Affairs WL.B/r Ph: (904) 826-2417 - Fax: (904) 826-2418 One Malaga Street - PO. Box 1048 - St. Augustine, FL - 32085-1048#