{"operation":"document","citation":"05-0014","title":"Mr. Richard Daley — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-03-18","effective_on":null,"summary":"05-0014 response to Mr. Richard Daley concerning 171.1, 173.31.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0014.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0014.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0014","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050014.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\n400 Seventh Street, S.W.\nof Transportation\nWashington, D.C. 20590\nHazardous Materials Safety\nPipeline and\nAdministration\nMAR 18 2005\nMr. Richard Daley\nRef No.: 05-0014\nLogistics Operations Manager\nBorden Chemical, Inc\n520 112\" Avenue N.E., 4' floor\nBellevue, Washington 98004\nDear Mr. Daley:\nThis responds to your January 25, 2005 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask for\nclarification of §§ 171.1(d)(2) and 173.31(g) as revised under the final rule to Docket\nHM-223 (68 FR 61906; October 30, 2003). In accordance with this final rule, you ask if\ntank car unloading activities are subject to the HMR after the carrier has departed your\nproperty.\nOn October 30, 2003, the Research and Special Programs Administration (RSPA, we)\npublished a final rule under Docket HM-223 entitled \"Applicability of the Hazardous\nMaterials Regulations to Loading, Unloading, and Storage.\" The HM-223 final rule\nclarifies the applicability of the HMR to specific functions and activities, including\nhazardous materials loading and unloading operations and storage of hazardous materials\nduring transportation. The final rule codifies in the HMR long-standing policies and\ninterpretations concerning the applicability of the regulations to specific functions and\noperations. We initiated the rulemaking to better define the applicability of the HMR to\nloading, unloading, and storage operations at fixed facilities and to clarify the\nrelationships among Federal, State, local, and tribal agencies involved in the regulation of\nhazardous materials.\nWe are currently considering a number of petitions filed by the regulated industry asking\nthat we reconsider certain aspects of the HM-223 final rule. On December 18, 2004, we\npublished a final rule to delay the effective date of the HM-223 final rule until June 1,\n2005 (69 FR 70902). Therefore, until June 1, 2005 tank car unloading must be performed\nin accordance with § 174.67, as required prior to HM-223.\nUnder the HM-223 final rule, tank car unloading operations conducted by consignee\npersonnel after the rail carrier has departed the consignee's premises generally are not\nsubject to regulation under the HMR. As adopted in the HM-223 final rule, however, the\nrequirements in § 173.31 will begin to apply to all tank car unloading operations on June\n1, 2005, even when those operations are conducted by consignee personnel. Thus, the\nunloader must secure access to the track, place caution signs, and block the tank car\nwheels and set the handbrakes. As well, Occupational Safety and Health Administration\n(OSHA) standards may apply to such unloading operations.\n171.1 (d) 2)\n173.31(9)\n050014\n\n<<<PAGE 2>>>\n\nHM-223 will also require that transloading operations, such as the transfer of a hazardous\nmaterials from a tank car to a cargo tank, continue to be subject to all applicable HMR\nrequirements including § 174.67. The revisions to § 174.67 will also be effective on June\n1, 2005.\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerel\nChief, Regulations Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nJAN 25 'Ø5 10:20 FR BORDEN BELLEVUE\n206 462 5487 TO 912023663012\nP.01/Ø1\nBORDEN CHEMICAL, INC.\nBORDEN\nSupko\n$111.1d(2)\n3 173•31 (9)\nFax (202) 366-3012\nLoading/Unloading\n05-0014\nDirector, Office of Hazardous Materials Standards\nMr. Edward T. Mazzullo\n400 7th Street S.W\nU.S. DOT/RSPA (DHM-10)\nWashington, D.C. 20590-0001\nDear Mr. Mazzullo,\n1 am writing to request clarification of two recent additions to the 49 CFR concerning the unloading of hazardous\nSection 171.1(d)(2) Effective 10/1/2004\nFunctions not subject to the requirements of the HMR\n\"Unloading of a hazardous material from a transport vehicle or a bulk package performed by a person employed by\ndestination and departure from the consignce's premises of the camier's personnel of in the case of a private carrict,\nor working under contract to the consignee following delivery of the hazardous material by the carrier to its\ndeparture of the driver from the unloading area.\"\nSection 173.31(g) Tank car loading and unloading effective 10/1/2004\nimplies that the activities are subject to the HMR requirements.\nI won't restate the provisions but only point out that the addition of a provision pertaining to tank car unloading\nIn the case of tank car unloading the carrier has in all instances I an aware departed our property prior to unloading.\nAre the unloading activities of a tank car still subject to the requirements of HMR?\nYour assistance in clarifying this issue would be greatly appreciated.\nRicely\nLugistics Operations Manager\n520 112th Avenue N.E., 4th Floor • Bellevue, Washingion 9800+, P.O. Box 3626, 98009 • Telephone 425-455-4400 • Fax 425-462-5487\n** TOTAL PAGE.01 **","truncated":false,"body_characters":4870}