{"operation":"document","citation":"04-0090","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":"2004-05-18","effective_on":null,"summary":"04-0090 response to Air Products and Chemicals, Inc. concerning 171.16.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0090.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0090.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0090","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040090.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nJ.S. Department\n400 Seventh St., S.W.\nResearch and\nWashington, D.C. 20590\nSpecial Programs\nAdministratior\nMAY 18 2004\nMr. Richard J. Lloyd\nAir Products and Chemicals, Inc.\nManager Regulatory Compliance\nRef. No. 04-0090\n7201 Hamilton Boulevard\nAllentown, PA 18195-1501\nDear Mr. Lloyd:\nThis is in response to your April 5, 2004 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to incident reporting. You\n\"Revisions to Incident Reporting Requirements and the Hazardous Materials Incident Report\nrequest clarification of the incident reporting requirements in the December 3, 2003 Final Rule,\nForm,\" under Docket HM-229 in regard to the application of pre-transportation loading functions\nperformed by shippers as found in the October 30, 2003 Final Rule, \"Applicability of the\nHazardous Materials Regulations to Loading, Unloading, and Storage,\" under Docket HM-223.\nSpecifically, you ask whether hazardous materials incidents that occur during loading operations\nconducted by a shipper prior to a carrier's arrival at its facility to pick up the shipment, or during\nunloading operations conducted by consignee personnel after the hazardous material has been\ndelivered, are required to be reported under §§ 171.15 and 171.16 of the HMR.\nThe answer is no. The hazardous materials incident reporting requirements apply to hazardous\nmaterials incidents that occur during transportation in commerce. As defined in Docket HM-\n223, transportation functions, such as shipper loading operations, are regulated under the HMR.\nHowever, an incident that occurs during operations by a shipper prior to a carrier's arrival are not\nsubject to the incident reporting requirements because the incident does not occur during\ntransportation.\nI hope this information is helpful.\nSincerely,\nChief, Standards Development\nOffice of Hazardous Materials Standards\n040090\n171.16\n\n<<<PAGE 2>>>\n\n7201 Hamilton Boulevard\nAir Products and Chemicals, Inc.\n1 610 481-491\nlentown, PA 18195-150\nFoster\n§ 171:16\n5 April 2004\nIncident Reports\n04-0090\nMr. T. Glenn Foster\nU. S. Department of Transportation\nOffice of Hazardous Materials Standards DHM-10\nResearch and Special Programs Administration\n400 Seventh Street, S. W.\nWashington, D. C. 20590\nDear Mr. Foster:\nRe: Docket No. RSPA-99-5013 (HM-229)\nPlease refer to our conversation on 3 March 2004 regarding my letters of 6 January and 17\nFebruary 2004 requesting clarification of the HM-229 reporting requirements for hazardous\nmaterials incidents that occur during loading operations conducted by a shipper prior to a\ncarrier's arrival at its facility to pick up a shipment.\nWe will appreciate your response as soon as possible. Thank you.\nSincerely,\nR.8. Claph\nRichard J. Lloyd\nManager Regulatory Compliance\nEnclosure\nM:Lloyd/Dockets/HM229\n\n<<<PAGE 3>>>\n\nPRODUCTS L\n7201 Hamilton Boulevard\nAir Products and Chemicals, Inc.\nlentown, PA 18195-150\nel 610 481-4911\n17 February 2004\nMr. T. Glenn Foster\nU.S. Department of Transportation\nOffice of Hazardous Materials Standards DHM-10\n400 Seventh Street, S. W.\nResearch and Special Programs Administration\nWashington, D. C. 20590\nDear Mr. Foster:\nRe: Docket No. RSPA-99-5013 (HM-229)\nAttached is a copy of our 6 January 2004 letter requesting clarification of the HM-229 reporting\nrequirements for hazardous materials incidents that occur during loading operations conducted\nby a shipper prior to a carrier's arrival at its facility to pick up a shipment.\nWe will appreciate your response as soon as possible. Thank you.\nSincerely,\nRioner 3, Raye\nManager Regulatory Compliance\nEnclosure\nM:Lloyd/Dockets/HM229\n\n<<<PAGE 4>>>\n\nBRODE\n7201 Hamilton Boulevard\nAir Products and Chemicals, Inc.\nTel 610 481-4911\nAllentown, PA 18195-1501\n6 January 2004\nMr. T. Glenn Foster\nU.S. Department of Transportation\nOffice of Hazardous Materials Standards DHM-10\nResearch and Special Programs Administration\n400 Seventh Street, S. W.\nWashington, D. C. 20590\nDear Mr. Foster:\nRe: Docket No. RSPA-99-5013 (HM-229)\nPlease clarify whether the loading of packaged hazardous materials and bulk hazardous materials\nis a pre-transportation function when completed by the shipper prior to a carrier's arrival at a\nHM-223, and its application to pre-transportation loading functions performed by shippers.\nloading facility. We find the DOT's final rule, HM-229, confusing due to the recent final rule,\nOn pages 67750 and 67751 in the 3 December Federal Register for HM-229, the following is\nshown (underline added by writer):\nThis final rule requires reporting of incidents under Sec. Sec. 171.15 of 171.16 that occur\nadopted in HM-223, incidents that occur during loading operations conducted by carrier\nduring the time that the material is in transportation. Consistent with the definitions\noccur during unloading operations conducted prior to a carrier's departure from the\npersonnel or in the presence of carrier personnel must be reported, as must incidents that\nconsignee's premises. Hazardous materials incidents that occur during loading operations\nconducted by a shipper prior to a carrier's arrival at its facility to pick up the hazardous\nmaterial or during unloading operations conducted by consignee personnel after the\nrequired to be reported under Sec. Sec. 171.15 and 171.16.\nhazardous material has been delivered and the carrier has departed the premises are not\nThe final rule, HM-229 (above), indicates that incidents occurring during a shipper's loading\noperations and prior to a carrier's arrival are not part of the functions subject to the Hazardous\nMaterials Regulations (HMR). However, HM-223 addresses the application of the HMR to the\nloading function in the revised 49 CFR section 171.1, Applicability of Hazardous Materials\nRegulations to persons and functions (Federal Register page 61937 and 61938), by including the\nfollowing in the list of Pre-transportation functions in paragraph (b) (3) and (b) (13):\nM:Lloyd/Dockets/HM229\n\n<<<PAGE 5>>>\n\n(3) Filling a hazardous materials packaging, including a bulk packaging.\n(13) Loading, blocking, and bracing a hazardous materials package in a freight\ncontainer or transport vehicle.\nTherefore, the HM-223 revisions apply the HMR to all pre-transportation functions performed in\nadvance of the actual transportation to prepare a shipment of hazardous materials for\ntransportation. According to paragraph 171.1 (b) (3) and (13), this includes the loading of\npackaged or filling (loading) bulk hazardous materials.\nAs you can see from these final rules, it is unclear how to apply the Hazardous Materials\nloading facility. Air Products will appreciate your help in clarifying the regulations so that out\nRegulations to the loading function performed by the shipper prior to a carrier's arrival at a\ncompany will be in compliance with the intended purpose of the recent regulatory revisions.\nSincerely,\n12. 9. Llogd\nRichard J. Lloyd\nManager Regulatory Compliance\nM:L.loyd/Dockets/HM229","truncated":false,"body_characters":6983}