{"operation":"document","citation":"04-0087","title":"ATOFINA Chemicals, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-05-26","effective_on":null,"summary":"04-0087 response to ATOFINA Chemicals, Inc. concerning 172.700, 174.67.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0087.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0087.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0087","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040087.pdf","body":"<<<PAGE 1>>>\n\nf Transportatio\n.S. Departmer\n400 Seventh St., S.W.\npecial Program\nesearch anc\nWashington, D.C. 20590\narministration\n2 6 200.\nMs. Christina M. Kurtz\nATOFINA Chemicals. Inc.\nSupervisor-Regulations and Packaging\nRef No.: 04-0087\n200 Market Street\nPhiladelphia, PA 19103-3222\nDear Ms. Kurtz:\nThis is in response to your letter regarding the applicability of the Hazardous Materials\nRegulations (HIMR; 49 CFR Parts 171-180). Specifically, you request clarification on whether\nemployees unloading hazardous materials after the departure of the carrier from the consignee's\nfacility require training under the HMR.\nA hazmat employee is a person employed by a hazmat employer and who in the course of\nemployment directly affects hazardous materials transportation safety (see § 171.8). In other\nhazmat employee. The term hazmat employee includes an individual employed by a hazmat\nwords, a person who performs duties that are regulated under the HIMR is considered to be a\nemployer who, during the course of employment loads, unloads, or handles hazardous materials.\nsafety training.\nSection 172.704 requires a hazmat employee to receive general awareness, function specific, and\nGenerally, consignee unloading operations performed after the carrier's departure from the\nconsignee's facility are not subject to regulation under the HMR. Thus, consignee employees\nengaged in such unloading operations need not be trained in accordance with HMR requirements.\nHowever, until October 1, 2004, rail tank car unloading operations are subject to requirements in\n§ 174.67 of the HMR whether or not the unloading operation is performed by consignee\npersonnel after the carrier's departure from the facility. Furthermore, until October 1, 2004,\nconsignee employees who unload rail tank cars in accordance with $ 174.67 must be trained.\nI hope this information is helpful. Please contact us if you require additional assistance\nSincerely,\nOffice of Hazardous Materials Standards\n172:700\n040087\n174.67\n\n<<<PAGE 2>>>\n\nRelerford\nATOFINA\n$172.700\nATOFINA Chemicals, Inc.\n$174.67\nTraining koading Unloading\nRSPA\nU.S. Department of Transportation\n04-0087\n400 Seventh Street, S.W.\nWashington, D.C. 20590-0001\nAttn: Standards {DHM-10}\nRe: HM-223 and Hazmat Training\nDear Mr. Mazzullo:\nIt is our understanding that since the implementation of HM-223 any unloading that\noccurs after the departure of the carrier from the consignee's facility is no longer under\nDOT's jurisdiction. Thus, if an employee of the consignee unloads material after the\ndeparture of the carrier it would not be under DOT's jurisdiction and said employee\nwould not be required to have the Hazmat training under Part 172 Subpart H. But, if the\nconsidered \"unloading incidental to movement\" and this same individual would be\ncarrier has not departed the premises while a package is being unloaded this would be\nrequired to have the Hazmat training under Part 172 Subpart H.\nCan you please tell us if this interpretation is correct.\nSincerely,\nChristina M. Kurto\nChristina M. Kurtz\nSupervisor - Regulations and Packaging\n2000 Market Street\nATOFINA Chemicals, Inc.\n215-419-7000\nPhiladelphia, PA 19103-3222\nwww.AtofinaChemicals.com","truncated":false,"body_characters":3187}