{"operation":"document","citation":"06-0184","title":"Musket Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-09-06","effective_on":null,"summary":"06-0184 response to Musket Corporation concerning 174.67.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0184.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0184.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0184","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060184.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nHazardous Materials Safety\nPipeline and\nAdministration\nSEP - 6 2006\nMr. Doug Lumry\nRef. No. 06-0184\nMasker orpori logistics\nP.O. Box 26210\nOklahoma City, OK 73126\nDear Mr. Lumry:\nrequirements for unloading hazardous materials from rail tank cars under the Hazardous\nThis is in response to your July 25, 2006 letter requesting clarification of the\nrequirements for opening manhole covers in accordance with § 174.67 of the HMR. In\nMaterials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask about the\nyour letter you cite examples of transloading processes that require the manhole cover to\nremain closed during unloadıng.\nThe intent of § 174.67(b), and (c) is to provide procedures for removing and adjusting the\nmanhole cover during transloading operations. These requirements apply when the\nmanhole cover is required to be opened or adjusted as part of the transloading operation.\nTherefore, pneumatic unloading, vapor control systems, and other unloading methods\nrequirements.\nthat require the manhole cover to remain closed during unloading are not subject to these\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely,\nJohn A. Gale\nChief, Standards Development\nOffice of Hazardous Materials Standards\n174.67\n060184\n\n<<<PAGE 2>>>\n\nLeary\n$114.67\nTank Car Unloading\n06-0184\nMUSKET CORPORATION\nDoug Lumry\n405-302-6785 FAX 405-302-9110\nJuly 25, 2006\nMr. John Gale, Chief, Standards Development\nOffice of Hazardous Materials Standards\nPipeline and Hazardous Materials Safety Administration\nPHH-10\nU.S. Department of Transportation\n400 7th St., S.W.\nWashington, DC 20590-0001\nRe: Interpretation of 49 CFR 174.67\nDear Mr. Gale,\nexplain the applicability of 49 CFR 174.67 in certain situations, I do not believe that it addressed the exact\nThank you for your response to our request for an interpretation of 49 CFR 174.67. While your response did\nsituation that poses a concern to us. I will attempt to clarify our concerns in this letter.\nMusket Corporation actually does conduct transloading operations that are subject to 49 CFR 174.67 under\ncontinuing the movement of the hazardous material in commerce.\nto filing the ee venerati of the hazar drus material in commerank cars to dinkly, we equest your pose in\nhazardous materials from tank cars.\nclarifying the requirement for removing the manhole cover, as stated in 49 CFR 174.67, for unloading\nwith regulations from other regulatory bodies, such as the EPA National Emission Standards for Hazardous\nmanhole opening. The language requiring manhole covers to be opened during this process also conflicts\n63.920 through 63.924, and Subpart R (National Emission Standards for Gasoline Distribution Facilities), 40\nAir Pollutants for Source Categories, Subpart PP (National Emission Standards for Containers), 40 CFR\nnumber of air quality control permits which restrict the amount of emissions companies can vent into the\nCFR 63.420 through 63.429, as well as various state statutes. Finally, this requirement conflicts with a\natmosphere.\nimpact on a large number of transloaders which unload tank cars. In light of the apparent conflicts this\nAs you can imagine, the regulation's requirement for removing the manhole cover in these situations has an\n\n<<<PAGE 3>>>\n\n.A*0:0:3\nMUSKET CORPORATION\n10.40\nregulation's intent and applicability. In this regard, we would like you to answer the following questions:\nportion of the regulation poses to us and others in the industry.\nwe therefore seek clarification of the\n1)\n2)\n3)\nDes 49 CER 174,67 require the manhole cover to be opened or removed when the\nank cars are being pneumatically unloaded?\nWe appreciate your assistance in this matter and eagerly await your response.\nPlease feel free to contact me should you have any questions.\nBest regards,\nBorg darmy\nManager of Rail Logistic","truncated":false,"body_characters":3936}