{"operation":"document","citation":"06-0162","title":"Missouri Gas Energy — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-08-10","effective_on":null,"summary":"06-0162 response to Missouri Gas Energy concerning 177.840.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0162.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0162.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0162","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060162.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nMaterials so ery Administration\nAUG 10 2006\nMs. Crystal Callaway\nRef. No.: 06-0162\nEnvironmental Compliance Specialist\nMissouri Gas Energy\n3420 Broadway\nKansas City, MO 64111\nDear Ms. Callaway:\nThis is in response to your July 11, 2006 letter regarding applicability of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) to unloading and storage of hazardous materials. In\ntwelve or more compressed natural gas cylinders. The trailer is delivered to a customer whose\nyour letter you describe a scenario where Missouri Gas Energy transports a trailer loaded with\nnatural gas supply (via pipeline) has been interrupted. You ask if the driver must stay at the\ncustomer's natural gas supply is restored).\ncustomer site and attend the cylinders while they are in use by your customer (i.e., until the\nThe HMR regulate the transportation of hazardous materials in commerce. Transportation of a\nhazardous material in commerce begins when a carrier takes physical possession of a hazardous\nmaterial and continues until the package containing the hazardous material is delivered to the\ndestination indicated on a shipping document. Therefore, if the shipping paper indicates that the\nlonger subject to the HMR when the driver unloads the cylinders from the transport vehicle or\ndestination of your compressed natural gas cylinders is the customer's site, the cylinders are no\ndisconnects the mode of power from the trailer and leaves the premises.\nIn your letter you also ask about the applicability of 49 CFR § 397.5 (Attendance and\nsurveillance of motor vehicles) to your scenario. Section 397.5 falls under the jurisdiction of tha\nFederal Motor Carrier Safety Administration (FMCSA; http://www.fmcsa.dot.gov/). For\nquestions regarding § 397.5 please contact the Hazardous Materials Division of the FMCSA at\n400 Seventh Street, S.W., Washington, DC 20590, or (202) 366-6121.\nI hope this information is helpful. If you have further questions, please do not hesitate to contact\nthis office.\nSincerely,\nHolly\nHattie L. Mitchell\nOffice of Hazardous Materials Standards\nChief, Regulatory Review and Reinvention\n171.1\n177.840\n060162\n\n<<<PAGE 2>>>\n\n07/11/2006 08:52 FAX\n18163605569\nFIELD OPERATIONS\n0002/002\nPollack\nMGE\nMISSOURI GAS ENERGY\n5171.1\n3420 Broadway • Kansas City, MO • 64111 • (816) 756-5261\n§177:840\nJuly 11, 2006\nHpplicability\nDirector, Office of Hazardous Materials Standards\n06-0162\n400 7' St. S.W\nU.S. DOT/PHMSA (PHH-10)\nWashington, D.C. 20590\nDear Regulatory Authority:\nspecified in 49 CFR 397.5. This regulation refers predominately to carriers of\nI am writing to you in regards to the interpretation of the attendance requirements as\nexplosives; however, it also addresses other hazardous materials which are located on a\npublic street, highway, or the shoulder of a public highway that must be attended by its\ndriver. I have also looked at the Federal Register: October 30, 2003 (Volume ti8,\nNumber 210) pages 61905-61942, which refers to some terminology referred to as\n'storage incidental to movement.\"\nThe company that I work for is in the natural gas utility business. What we do is at\ncertain times when we need to take a customer at of service temporarily, we will pull a\nsmall trailer that disconnects from the service truck that contains approximately 12 to 24\nnatural gas cylinders approximately 5 feet in height and will connect the business to these\ngas cylinders and leave the trailer behind with the cylinders on the property, until such\ntie yinders unil weteone sed, bu ahe since an at get miade he a regirementay with\nthere some exemption that we could fall under or do we need to comply with the\nattendance / storage regulation?\nThank You,\nCryotel Callaway\nCrystal Callaway, B.S.N., R.N., C.H.M.M.\nEnvironmental Compliance Specialist\nMissouri Gas Energy\n3420 Broadway\nKansas City, MO. 64111\nPhone 816-360-5047\nFax\n816-360-5569","truncated":false,"body_characters":3958}