{"operation":"document","citation":"06-0114","title":"Musket Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-07-11","effective_on":null,"summary":"06-0114 response to Musket Corporation concerning 174.67.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0114.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0114.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0114","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060114.pdf","body":"<<<PAGE 1>>>\n\nWashington, D.C. 20590\n400 Sieventh Street, S.W.\nPipeline and\nAdministration\nHazardous Materials Safety\nJUL 11 2006\nMr. Doug Lumry\nMusket Corporation\nManager of Rail Logistics\nRef. No. 06-0114\nP.O. Box 26210\nOklahoma City, OK 73126\nDear Mr. Lumry:\nThis responds to your letter of May 9, 2006, requesting clarification of requirements for\n(HMR; 49 CFR parts 171-180). Specifically, you ask about requirements for opening manhole\nunloading hazardous materials from rail tank cars under the Hazardous Materials Regulations\ncovers in accordance with § 174.67 of the HMR.\nRail tank car unloading operations conducted by consignee personnel after the tank car has been\noperations occur after transportation has been completed. Thus, the requirements in § 174.67 do\ndelivered to the consignee generally are not subject to regulation under the HMR because such\nof the tank car. The requirements in § 174.67 apply to transloading operations only.\nnot apply to rail tank car unloading operations performed by consignee personnel after delivery\nTransloading is the transfer of a hazardous material from one bulk packaging to another bulk\npackaging, from a bulk packaging to a non-bulk packaging, or from a non-bulk packaging to a\nbulk packaging for the purpose of continuing the movement of the hazardous material in\ncommerce (see § 171.8).\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely,\nohn A.\nChief, Standards Development\nOffice of Hazardous Materials Standards\n174.67\n060114\n\n<<<PAGE 2>>>\n\nRelerford\n§174.67\nTank Car Unloading\nARLATE OF LOVES CO\n86-0114\nMUSKET CORPORATION\nP.O. BOX 26210 / OKLA. CITV. OK 73126 : 405-749-1744\nDoug Lumry\n405-302-6785 FAX 405-749-9110\nTuesday, May 09, 2006\nMr. Edward T. Mazzullo\nPipeline and Hazardous Materials Safety Administration\nDirector, Office of Hazardous Materials Standards\nU.S. Department of Transportation\n400 7th St., S.W.\nWashington, DC 20590-0001\nRe:\nInterpretation of 49 CFR 174.67\nDear Mr. Mazzullo,\nWe request your help in clarifying the requirement for removing the manhole cover, as stated in 49 CFR\nappears to require manhole covers to be opened for the unloading process. As you must know, this\n174.67, for unloading hazardous materials from tank cars. The language in (b) and (c) of this regulation\nrequirement conflicts with many unloading processes conducted by receivers of tank cars. For example,\npneumatic unloading of tank cars cannot be accomplished with the manhole cover open. Additionally,\noperations required to contain or control vapors cannot be conducted properly with the manhole cover open.\nthe language requiring manhole covers to be opened during this process also conflicts with regulations from\nThere are also operations that vent through vapor valves instead of through the manhole opening. Moreover,\nother regulatory bodies, such as the EPA.\nwe request that you please clarify the intent and application of sections (b) and (c) of 49 CFF 174.67 in\nAs you can imagine, this language has an impact on a large number of receivers of tank cars. For this reason,\nrelation to the apparent requirement that manhole covers be opened for the commodity unloading process.\nPlease feel free to contact me should you have any questions. Thank you for your assistance and we eagerly\nawait you response on this issue.\nBest regards,\nDong Sunny\nManager of Rail Logistics\nDoug Lumry","truncated":false,"body_characters":3404}