{"operation":"document","citation":"04-0140","title":"Florida Power and Light Co — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-07-13","effective_on":null,"summary":"04-0140 response to Florida Power and Light Co concerning 172.700, 177.834.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0140.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0140.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0140","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040140.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nJ.S. Departmen\nWashington, D.C. 20590\n400 Seventh St., S.W.\nResearch and\nAdministration\nSpecial Programs\nJUL 13 2004\nMr. Frank Nesbihal\nRef No. 04-0140\nSenior Environmental Specialist\nFlorida Power and Light Co.\n700 Universe Blvd. JES/JB\nJuno Beach, Florida 33408\nDear Mr. Nesbihal:\nThis is in response to your May 17, 2004 email requesting clarification of the hazardous\nmaterials training requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts\n171-180). Specifically, you ask whether the training requirements apply to your employees who\nunload hazardous materials in 250-gallon tote containers or other non-bulk packages from a\ncarrier's vehicle.\nThe hazardous materials training requirements in Subpart H of Part 172 of the HMR establish\ntraining requirements for hazardous materials employees (hazmat employees). A hazmat\nemployee means a person who, in the course of his employment, directly affects hazardous\nmaterials transportation safety (see § 171.8). Hazmat employees must receive general\nawareness/familiarization, function-specific, safety, and security awareness training.\nYour email references a final rule we published on October 3, 2003 in the Federal Register\n(68 FR 61906) under Docket No. HM-223. This final rule clarifies the applicability of the HMR\nto specific transportation-related functions and operations, including loading, unloading, and\nstorage operations. With regard to unloading operations, the HM-223 final rule reiterated our\nlong-standing determination that unloading operations that occur after a hazardous material has\nbeen delivered to its destination and the delivering carrier has departed from the premises are not\nsubject to the HMR requirements. For example, if the carrier delivers a trailer-load of hazardous\nmaterials packages to your facility, leaves the trailer at your facility, and then departs, your\nunloading operations that occur after the carrier's departure are not subject to HMR requirements,\nincluding training requirements.\nThe unloading operation you describe is a transportation function as that term is defined in the\nHM-223 final rule. Consistent with our long-standing determinations concerning activities\nregulated under the HMR, transportation functions include \"unloading incidental to movement.\"\n\"Unloading incidental to movement\" includes unloading operations that are conducted by facility\npersonnel prior to the carrier's departure from the premises. For this type of unloading operation,\nyour employees who unload the non-bulk packages from the carrier's vehicle are hazmat\nemployees and are subject to the training requirements in Subpart H of Part 172.\n172.700\n040140\n177.834\n\n<<<PAGE 2>>>\n\nYou are correct that the HMR do not include specific requirements for unloading non-bulk\npackages from trailers or containers. However, the HMR include general unloading requirements\nin § 177.834, some of which may apply to the unloading operation you describe. Training for\nyour employees must include the general unloading requirements, in addition to general\nawareness/familiarization, safety, and security awareness training.\nI hope this information is helpful.\nSincerely,\nGENT\nJohn A. Gale\n/ Chief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nursky, Susan\nSent:\nFrom:\nFrank\n_Nesbihal@fpl.com\noster\nSubject:\nTo:\nMonday, May 17, 2004 4:38 PM\n5172.702\nGorsky, Susan\nUnloading Hazmat\n{177.834\nHello Ms. Gorsky,\nApplicability\nWe receive 250-gallon tote containers and 55-gallon drums of hydrazine,\nregarding unloading hazmat from our vendor's vehicles.\n04-0140\nused in our operations.\nsulfuric acid, ammonia and others from various chemical vendors that are\nour plants, but our employees actually unload the hazmat from the vendor's\nOur vendor (i.e.,\ndelivers the hazmat to\nvehicles using\nunload hazmat in 250-gallon tote containers or any non-bulk packaging\nforklifts.\nMy questions is; whether our employees who\nEmployees\", and therefore subject to training?\nfrom a vendor's vehicle are considered \"Hazmat\nIt is my understanding that the hazardous materials regulations (\"HMR\"),\nregulations at all that pertain to the unloading of hazmat in tote\nincluding the\nfinal rule dated October 30,\n2003 (HM-223), do not have any\nemployees who unload said hazmat,\ncontainers and 55-gallon drums.\nTherefore, the HMR do not apply to our\nincluding training.\nPlease let me know.\nFrank Nesbihal, CHMM\nRespectfully,\nSenior Environmental\n561-691-7013\nSpecialist\nin couts","truncated":false,"body_characters":4505}