{"operation":"document","citation":"08-0077","title":"Earth Tech, Incorporated — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-11-21","effective_on":null,"summary":"08-0077 response to Earth Tech, Incorporated concerning 174.14.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0077.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0077.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0077","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080077.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave., SE\nWashington, DC 20590\nKG'.' 2 i\nMr. Bob Crump\nEarth Tech, Incorporated\n36 133 Schoolcraft\nLivonia, MI 48 150\nRef. No. 08-0077\nDear Mr. Crump:\nThis responds to your e-mail requesting clarification of the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171 -1 80). Specifically, you ask whether the requirement in § 174.14(a) of\nthe HMR for rail carriers to forward shipments of hazardous materials within 48 hours applies to\ntransloading operations.\nThe original intent of the 48-hour rule was two-fold: (1) it was intended to prevent shippers from\nsending out loaded tank cars of hazardous materials without a billed destination and (2) it also\nwas designed to prevent rail carriers from delaying delivery so that other, higher-tariffed\ncommodities could be moved ahead of these shipments. Section 174.14 is now applied to\nachieve a broader public safety and security goal - that is, to reduce time in transit of hazardous\nmaterials rail cars, thereby reducing the risk of accidents, incidents, vandalism, or other safety or\nsecurity related problems.\nFor transloading operations from rail tank cars to cargo tank motor vehicles as described in your\nrequest, $ 1 74.14(a) does not apply. The 48-hour rule is a forwarding regulation while the\nshipment is in transport and does not cover delivery. (Delivery requirements are outlined in\n5 174.16). Section 174.14 (a) does not apply to intermodal transfer operations nor does it apply\nto highway shipments, or residue quantities.\nI hope this information is helpful. Please contact this office should you have additional\nquestions.\ni at tie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nPage 1 of 1\nDrakeford, Carolyn <PHMSA>\nFrom: Drakeford, Carolyn <PHMSA>\nSent: Wednesday, October 22,2008 10:14 AM\nTo: Mclntyre, Joan <PHMSA>\nCc: Mitchell, Hattie <PHMSA>\nSubject: FW: Applicability of 49 CFR 171.14\nFrom: Crump, Bob [mailto:Bob.Crump@earthtech.com]\nSent: Wednesday, March 05, 2008 4:01 PM\nTo: :INFOCNTR <PHMSA>\nSubject: Applicability of 49 CFR 171.14\nInfo Center:\nIt seems very clear how storage incidental to transportation, defined in 49 CFR 171.1 applies to a\ntransloading area. The materials are in transportation and therefore, EPA requirements do not apply.\nThe material is regulated by DOT and must meet the requirements of f j 173.3 1 and f j 174.\nWhat I have been unable to determine is how the 48 hour time limit noted under 49 CFR 174.14 might\napply. I spoke with a gentleman on the Helpdesk line and he wasn't s u e that provision was even being\nenforced. Because of the size difference between the rail car and tanker trucks, customer requirements\n(industry often doesn't have stationary tanks big enough to hold more than one truckload at a time), and\nother factors, it may be difficult to expedite a rail car to truck transload in 48 hours. Does this\nsubsection apply to transloading, or have I missed something? If it does, why?\nRegards,\nBob Crump, CHMM\nt:.r~.th !ik:h, !I,<..\nOzrrori (!ffice\n.?6 133 Schnnlr-rcqi\nL~i~unic~. 1111 ;a!.50\nI:-mall- Boh C.~.mp@jE&hiech.corn","truncated":false,"body_characters":3226}