{"operation":"document","citation":"11-0106","title":"The Jet Companies — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-08-24","effective_on":null,"summary":"11-0106 response to The Jet Companies concerning 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0106.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0106.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0106","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110106.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department 1200 New Jersey Avenue SE\nof Transportation Washington. DC 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration AUG 2 L! 2011\nMr. Mark Ellery\nQuality Assurance and Research Manager\nThe Jet Companies\n125 North 53rd Avenue\nPhoenix, AZ 85043\nReference No. 11-0106\nDear Mr. Ellery:\nThis is in response to your April 28, 2011 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to shipping papers, (also\nknown as bills of lading,) for transloaded hazardous material shipments. In your letter, you\nstate that Diamond Trucking, a local common carrier, transloads fuel (e.g., biodiesel, ultralow\nsulfur diesel (ULSD), and ethanol) from railcars directly into its tank motor vehicles\nand delivers the fuel to the final destination that appears on the original shipping paper, a\nlocal motor fuel terminaL You also state the property where the product is off-loaded, the\nPhoenix Tank Farm Complex motor fuel distribution hub, and the terminal where the\nproduct is delivered are, both owned by the Railjet Company. You ask whether new\nshipping papers must be generated before transloaded shipments are entered into\ntranspo rtation.\nThe answer is no. The HMR defines transloading as the transfer of a hazardous material\nfrom one packaging to another for the purpose of continuing the movement of the\nhazardous material in commerce (see § 171.8). To meet the definition for \"transloading,\"\nthe hazardous material must clearly be consigned to the facility at which the transloading\noperation is to occur for the sole purpose of transferring the hazardous material to or from\na bulk packaging. However, the original shipping document must include information that\nthe shipment is a through-shipment to an identified final destination. In other words, the\nultimate destination of the hazardous material must be known at the time that the material\nis delivered to the facility and that destination must be indicated on the shipping\ndocumentation accompanying the shipment. (See page 20029, of the final rule issued\nunder Docket No. PHMSA-98-4952; HM-223; 70 FR 20018, 4/15/2005.)\nI hope this satisfies your request.\nSincerely,\nr-7r#~~\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nDrakeford, Carol\nFrom: INFOCNTR (PHMSA) ~a; I 7'i11t.(Ay..s\nSent: Thursday, April 28, 2011 1:41 PM\nTo: Drakeford, Carolyn (PHMSA)\nSubject: FW: Request for Written Interpretation 11- DIOle\nHi Carolyn,\nWe received the following request for a letter of interpretation at the HM!C\nThanks,\nVictoria\nVictoria Lehman\nHazmat Information Center (HMIC)\nhttp://phmsa.dot.gov/hazmat/info-center\n(202) 366-1035\nFrom: Mark Ellery [mailto:mark@caljet.com]\nSent: Thursday, April 28, 201112:19 PM\nTo: PHMSA HM InfoCenter\nCc: Jaydee Bullard\nSubject: Request for Written Interpretation\nDear Sir or Madam,\nI recently communicated with the U.S. DOT PHMSA to discuss, and to get clarification on, a question relating to the\ngeneration of Bills of Lading (BOL's) for products (Biodiesel, ULSD, and Ethanol) that are trans-loaded from railcars to\ntank trucks at one of our properties. The PHMSA representative (Adam) was very helpful, and guided me to a \"PHMSA\nResponse Letter\" (in response to a request for interpretation), identified as \"Ref. No. 08-0288\", which addressed a\nsituation similar in nature to ours.\nWhile the operations referenced within that response letter were similar in nature to ours, the response did not\nspecifically address the issue of whether or not a BOL needed to be generated prior to transport of trans-loaded\nproduct, which is my specific question; therefore, Adam suggested that I submit this request for written interpretation to\nyour office for more clarification of that issue, and as it relates to our specific operation.\nThat said, I will briefly summarize our trans-loading operations, and follow that summary with my specific question:\nThe property in question is located in Phoenix, Arizona, and is a part ofthe Phoenix Tank Farm Complex (Arizona's\nprimary motor fuel distribution hub). The company that owns this property is \"Railjet\". Upon that property lays a rail\nspur, consisting of four off-load spots, and served by the Union Pacific Railroad (UPR). Railjet owns only the property,\nthe spur track, and track agreements with UPR. Railjet does not own the railcars that are spotted, nor does it own the\nproducts delivered in those railcars. Trans-loading of these products, from the railcars to the tank trucks at the Railjet\nfacility, is performed by Diamond Trucking (DT), which is a local common carrier. The products are trans-loaded and\ntransported by DT to the product's final destination, which is a local motor fuel terminal that is also a part of the Phoenix\nTank Farm Complex.\nCurrently, the BOL's that accompany each railcar, and which clearly identify the consignee, the shipper, the product's\nowner, final destination, applicable hazardous Information, volumes, etc., are used by DT, in addition to manifest\ndocumentation generated by DT, to transport the products from Railjet to the final destination.\n1\n\n<<<PAGE 3>>>\n\nThe specific question that I am seeking interpretation on, as it relates to applicable regulations, is \"Does Railjet, or any\nanother party, need to generate an additional BOL for each truck that trans-loads product at Railjet, for delivery to the\nproduct's final destination, or is the BOL that accompanies each railcar, and the manifest documentation provided by\nDT, sufficient documentation for DT to transport the product's to their final destination?\nI greatly appreciate any clarification that you may be able to provide.\nRespectfully,\n~~~\nQuality Assurance and Research Manager\nThe Jet Companies\n125 N. 53rd Avenue\nPhoenix, Arizona 85043\n0: 602-272-5522, Extension 113\nC: 602-663-3760\nF: 602-278-6536\n2","truncated":false,"body_characters":5889}