Bolds & Associates, LLC — Hazardous Materials Safety Interpretation

Page 1U.S. Department 1200 New Jersey Ave.. SE Pipeline and Hazardous of Transportation SEP 24 2007 Washington. DC 20590 Materials Safety Administration Mr. James J. Bolds Managing Consultant Ref. No. 07-0136 3o Box Associates, LLC Montgomery, TX 77356-084 Dear Mr. Bolds: This is in response to your July 6, 2007 letter concerning the applicability of the Hazardous Materials Regulations (HMR: 49 CFR 171-180) to tank car unloading. In your letter, you present the following scenario: unloading, the tank cars are disconnected and prepared for return transit as residue cars. You state that railroad tank cars are unloaded into fixed storage tanks at a terminal. After Tank trucks are then loaded from the fixed storage tanks. You state that this specific unloading rack operation is not a transloading operation as defined in the HMR because the tank cars are unloaded into fixed storage tanks rather than non-bulk or bulk packaging, and, therefore is not subject to the tank car unloading requirements specified in § 174.67. You ask whether your interpretation is correct. The answer is yes. As defined in § 171.8, transloading means the transfer of a hazardous I hope this information is helpful. Sincerely, nect Chief, Standards Development Office of Hazardous Materials Standards 174.67 171.8 070136 173.31(g)#

Page 2Foster 5174.67 BOLDS & Associates, LL.C Rail Car Equipment Consulting Tank Car Unloading 07-0136 725 First Avenue South SuiteC Send all correspondence to: Nitro, WV 25143 Montgomery, TX 77356-0846 O Box 846 VIA EMAIL July 6, 2007 Mr. John Gale, Chief Standards Development Pipeline and Hazardous Materials Safety Administration Office of Hazardous Materials Standards U.S. Department of Transportation East Building, 2nd Floor (PHH) 1200 New Jersey Avenue, SE Washington, DC 20590-0001 RE: Clarification of 49 CFR 174.67 Dear Mr. Gale: Materials. One of my clients is requesting a clarification of 49 CFR 174.67. Please, bear with I am a consultant specializing in railroad tank cars and transportation of Hazardous me while I describe the situation and the conclusions drawn. unloading, the tank cars are disconnected and prepared for return transit as residue cars. 1. The physical location is a terminal, where tank cars are unloaded into fixed storage tanks, after trucks are then loaded from the fixed storage tanks. 2. 49 CFR 174.67 states that this section applies to transloading: →§ 174.67 Tank car unloading. observed: For transloading operations, the following rules must be 3. 49 CFR 171.8 defines transloading as: 49 CFR 171.8 - definitions person from one bulk packaging to another bulk packaging, from Transloading means the transfer of a hazardous material by any packaging to a bulk packaging for the purpose of continuing the a bulk packaging to a non-bulk packaging, or from a non-bulk movement of the hazardous material in commerce. www.boldsassociates.com Voice: (936) 582-6865 Fax: (936) 582-1479 jjjbolds@boldsassociates.com Mobile: (936) 697-0727#