{"operation":"document","citation":"05-0129","title":"Pace International Union — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-08-03","effective_on":null,"summary":"05-0129 response to Pace International Union concerning 174.67.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0129.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0129.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0129","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050129.pdf","body":"<<<PAGE 1>>>\n\nU.S. Depanment\nof Transportation\nA00\n205\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and\nHazardous Materials Safety\nAdministration\nMr. Randy Johnson\nReference No.: 05-0129\nPresident\nPace International Union\nP.O. Box 405\nCalvert City, KY 42029\nDear Mr. Johnson:\nThis responds to your letter requesting clarification of the tank car unloading attendance\nrequirements in § 173.64(i) of the Hazardous Materials Regulations (HMR; 49 CFR parts\n171-180).\nOn October 30, 2003, the Research and Special Programs Administration (RSPA, we)\npublished a final rule under Docket HM-223 (68 FR 61906) titled \"Applicability of the\nHazardous Materials Regulations to Loading, Unloading and Storage\" (copy enclosed). The\nHM-223 final rule clarifies the applicability of the HMR to specific functions and activities,\nincluding hazardous materials loading and unloading operations and storage of hazardous\nmaterials during transportation. The final rule codifies in the HMR long-standing policies and\ninterpretations concerning the applicability of the regulations to specific functions and\noperations. The provisions of the HM-223 final rule became effective on June 1, 2005.\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 subject\nto regulation under the HMR (see § 171.1(c)(3)). As adopted in the HM-223 final rule,\nhowever, the requirements in § 173.31(g) apply to all tank car unloading operations as of\nJune 1, 2005, even when those operations are conducted by consignee personnel. Thus, as\nstated in the October 30 final rule,\n\"requirements related to the protection of train and engine\ncrews operating within a shipper or consignee facility, such as posting warning signs, setting\nI trust this satisfies your inquiry.\nincerely\nHall Z. Mothel\nHattie L. Mitchell, Chief\nRegulator Review and Reinvention\nOffice of Hazardous Materials Standards\n174.67()\nEnclosures (2)\n050129\n\n<<<PAGE 2>>>\n\nWebb\n5174.67(1\nTarkCar Unloading\n05-0129\nAllied-Industrial,\nMay 16, 2005\nMr. Edward Mazzullo\nAFL-CIO, CIC\nOffice of Hazardous Materials Standards\nUSDOT/RSPA (DHM-10)\n400 7h Street SW\nLOCAL 5-727\nWashington, DC 20590\nDear Sir:\nI am writing to request clarification of 49 CFR 174.67(i) \"Tank Car\nUnloading\". Specifically, remote rail car unloading/ unattended\n• Reference No. 02-0027 from Mr. Joe Campbell at Air Products\nand Chemicals, 246 Johnson-Riley Road, Calvert City, Ky. 42029\n• Reference No. 99-0217 from Mr. Carlton W. Hendrix, DOT\nCompliance Manager, LaRoche Industries Inc., 1100 Johnson\nFerry Road N.E., Atlanta Ga. 30342\nAir Products & Chemicals Inc. (Reference No. 02-0027) has completed the\ncamera equipped remote unloading system for unloading ethylene rail cars\nat their Calvert City, Ky. facility prompting concerns regarding the\n\"continuous monitoring\" requirement.\nUnder Air Products' plan, the attendant duties will be assigned to a fully\nsame individual is simultaneously required to operate/monitor, an\nıtilized individual as an additional - and potentially, secondary task. Thi\nreactor systems and related equipment, in addition to monitoring the\ntroubleshoot a chemical process that includes many other high pressure\nethylene unloading activity making it virtually impossible to\nCould you please define continuous monitoring? Is it the unloading\nP.D. Box 405\nattendant's job to solely monitor the unloading process or, in this case,\nivert Ci\nwill it be an ancillary task to be performed by the process operator along\n502.395.4403\n\n<<<PAGE 3>>>\n\nwith many other responsibilities? Does this satisfy the continuous\nmonitoring regulation requirement?\nFurther, the lone control room operator who will be assigned these\nattendant duties of monitoring the video display will not be the person\nresponding to any problems in the field. If a problem occurs he/she will\nbe notifying a field operator who is normally occupied with other tasks.\nDoes this satisfy the regulation for attendant?\nDuring human unloading, the attendant will be on location with the rail\ncar. Human intervention and response time when a problem occurs is\nalmost immediate. As you may have guessed, response time will be\nseverely diminished under the Air Products plan. Are there any criteria on\nresponse time?\nIn Mr. Campbell's letter, he stated that the software for the video image,\nwill measure the amount of white space to detect a leak and shutdown the\nunloading program. Is there a requirement on how to calibrate this video\nsystem?\nThanks in advance for your timely attention to this request.\nSincerely,\nRandy Johnson\nPres.","truncated":false,"body_characters":4643}