Musket Corporation — Hazardous Materials Safety Interpretation

Page 1Washington, D.C. 20590 400 Sieventh Street, S.W. Pipeline and Administration Hazardous Materials Safety JUL 11 2006 Mr. Doug Lumry Musket Corporation Manager of Rail Logistics Ref. No. 06-0114 P.O. Box 26210 Oklahoma City, OK 73126 Dear Mr. Lumry: This responds to your letter of May 9, 2006, requesting clarification of requirements for (HMR; 49 CFR parts 171-180). Specifically, you ask about requirements for opening manhole unloading hazardous materials from rail tank cars under the Hazardous Materials Regulations covers in accordance with § 174.67 of the HMR. Rail tank car unloading operations conducted by consignee personnel after the tank car has been operations occur after transportation has been completed. Thus, the requirements in § 174.67 do delivered to the consignee generally are not subject to regulation under the HMR because such of the tank car. The requirements in § 174.67 apply to transloading operations only. not apply to rail tank car unloading operations performed by consignee personnel after delivery Transloading is the transfer of a hazardous material from one bulk packaging to another bulk packaging, from a bulk packaging to a non-bulk packaging, or from a non-bulk packaging to a bulk packaging for the purpose of continuing the movement of the hazardous material in commerce (see § 171.8). I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, ohn A. Chief, Standards Development Office of Hazardous Materials Standards 174.67 060114#

Page 2Relerford §174.67 Tank Car Unloading ARLATE OF LOVES CO 86-0114 MUSKET CORPORATION P.O. BOX 26210 / OKLA. CITV. OK 73126 : 405-749-1744 Doug Lumry 405-302-6785 FAX 405-749-9110 Tuesday, May 09, 2006 Mr. Edward T. Mazzullo Pipeline and Hazardous Materials Safety Administration Director, Office of Hazardous Materials Standards U.S. Department of Transportation 400 7th St., S.W. Washington, DC 20590-0001 Re: Interpretation of 49 CFR 174.67 Dear Mr. Mazzullo, We request your help in clarifying the requirement for removing the manhole cover, as stated in 49 CFR appears to require manhole covers to be opened for the unloading process. As you must know, this 174.67, for unloading hazardous materials from tank cars. The language in (b) and (c) of this regulation requirement conflicts with many unloading processes conducted by receivers of tank cars. For example, pneumatic unloading of tank cars cannot be accomplished with the manhole cover open. Additionally, operations required to contain or control vapors cannot be conducted properly with the manhole cover open. the language requiring manhole covers to be opened during this process also conflicts with regulations from There are also operations that vent through vapor valves instead of through the manhole opening. Moreover, other regulatory bodies, such as the EPA. we request that you please clarify the intent and application of sections (b) and (c) of 49 CFF 174.67 in As you can imagine, this language has an impact on a large number of receivers of tank cars. For this reason, relation to the apparent requirement that manhole covers be opened for the commodity unloading process. Please feel free to contact me should you have any questions. Thank you for your assistance and we eagerly await you response on this issue. Best regards, Dong Sunny Manager of Rail Logistics Doug Lumry#