{"operation":"document","citation":"13-0050","title":"Chevron Phillips Chemical Company LP — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-06-05","effective_on":null,"summary":"13-0050 response to Chevron Phillips Chemical Company LP concerning 177.834.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0050.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0050.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0050","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130050.pdf","body":"<<>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave, S.E.\nWashington, D.C. 20590\nJUN 0 5 2013\nMr. Jonathan VanScoyoc\nChevron Phillips Chemical Company LP\n306 Catharine Street\nPhiladelphia, P A 1914 7\nRef. No.: 13-0050\nDear Mr. VanScoyoc:\nThis is in response to your February 14, 2013 letter requesting clarification of the cargo tank\nattendance requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts\n171-180). Specifically, you seek clarification of§ 177.834, which specifies motor vehicle\nunloading attendance requirements.\nIn your letter you describe an unloading operation in the refining industry in which a cargo\ntank containing hazardous materials is connected to a process unit through piping or hoses.\nThis process unit is injected with hazardous materials over a period of 1-2 days. In your\nsubsequent March 15, 2013 email response to a member of my staff, you indicate that the\ncarrier, in all scenarios, is not a private carrier. An attendant, both with and without the\ntractor (motive power) present, observes this process. The attendants generally include the\noriginal carrier (contract or common carrier) who transported the hazardous material, an\noutside contractor, or a combination of both. Your questions related to this scenario are\nparaphrased and answered below.\nQl. If a cargo tank has been 1) Delivered and placed upon the consignee's premises;\n2) The motive power has been removed from the cargo tank; and 3) The motive\npower has been removed from the premises and subsequently the motor carrier (i.e.\nthe driver) returns to unload the cargo tank, is it the motor carrier's obligation to\nensure that a cargo tank is attended by a qualified person in accordance with\n§ 177.834(i)(2)?\nAI. No. Under§ 177.834(i)(2), the motor carrier is no longer obligated to ensure\nthat a cargo tank unloading operation is attended when the carrier's obligation for\ntransporting the materials is fulfilled. Specifically, it is no longer the motor carrier's\nresponsibility to ensure that a cargo tank unloading operation is attended when the\ncargo tank has been placed on the consignee's premises, and the motive power has\nbeen removed from the cargo tank and removed from the premises.\nQ2. Do the attendance requirements of§ 177.834(i)(3) apply if an outside contractor\nunloads a cargo tank?\n\n<<>>\n\nA2. Yes, provided the motive power is on the premises and connected to the cargo\ntank. Section 177.834(i) requires that a cargo tank is attended by a \"qualified\"\nperson at all times when it is being loaded or unloaded. According to\n§ 177 .834(i)( 4 ), a person is qualified if they have been made aware of the nature of\nthe hazardous material being loaded or unloaded, have been instructed on emergency\nprocedures, are authorized to move the cargo tank, and have the means to do so. The\nattendee (i.e., qualified person) must also meet the hazmat employee training\nrequirements of Part 172, Subpart H, which specify general awareness, function-\nspecific, and safety training and Part 172, Subpart I, which specifies safety and\nsecurity plans. Any outside contractor used to fulfill the unloading attendance\nrequirements must be in compliance with § 177 .834(i).\nIt should be noted however, that if the motive power is removed from the cargo tank\nand removed from the premises, the cargo tank is not considered to be \"in\ntransportation\" and the unloading operation is not subject to the HMR.\nQ3. What is the definition ofthe term \"alert\" as referenced in§ 177.834(i)(3)?\nA3. Although the HMR do not specifically define the term \"alert,\" the purpose of\nthe attendance requirements is to ensure that each cargo tank is safely loaded and\nunloaded. The term \"alert\" is typically defined as \"quick to notice any unusual and\npotentially dangerous or difficult circumstances.\" In the event of an emergency, a\nperson that is \"alert\" will be able to rapidly halt the process and take immediate\naction.\nQ4. Do the attendance requirements in § 177.834(i)(3), specifically the requirement\nto have an unobstructed view of the cargo tank and delivery hose, apply to the\nprocess of unloading a cargo tank with temporary piping rather than a delivery hose?\nA4. Yes. Provided the unloading operations are subject to § 177.834(i)(2), the\nrequirement to have an unobstructed view of the cargo tank and delivery hose, would\napply to the process of unloading a cargo tank with temporary piping rather than a\ndelivery hose.\nQ5. In the event an attendant would need a break, would a second qualified\nattendant be needed as a replacement during that break?\nAS. Yes. Provided the unloading operations are subject to§ 177.834(i)(2), a\nqualified person must be in attendance at all time during the unloading. The HMR\ndoes not permit any minimum lapse in attendance.\n2\n\n<<>>\n\nI hope this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\nRobert Benedict\nChief, Standards Development\nStandards and Rulemaking Division\n3\n\n<<>>\n\n{j D~nt1e l/\n~ 177. rg 3 4 .\nLoadt~ j lin loadtf1J\n13 -OD5()\nJonathan VanScoyoc\nChevron Phillips Chemial Company LP\n306 Catharine Street\nPhiladelphia, PA 19147\n267-608-9535\nvanscj@cpchem.com\nU.S. DOT\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH-10\nEast building\n1200 New Jersey Avenue, SE.\nWashington, DC 20590-0001\nI am requesting clarification of the Hazardous Material Regulations (HMR: 49 CFR Parts 177.834)\napplicable to the cargo tank Attendance requirements. I have three specific questions.\n(1) It is understood that if a carrier has removed its motive power from the cargo vessel and off\nthe premise, the attendance requirements are no longer applicable. What if the driver\nremoves his power but then returns to off-load the cargo vessel? Would the attendance\nrequirement still be applicable? It is also noted in the interpretations that the regulation\ndoes not apply to plant personnel handling the unloading of the cargo vessel. Would the\nregulations also not apply to independent contractors?\n(2) Is there a clear defined interpretation of \"alert\" and is the attendant required to meet these\nrequirements at any given moment?\n(3) The regulation noted the qualified person have an unobstructed view of the cargo tank and\ndelivery hose. What if a delivery hose is not used, but rather temporary piping is run\ndirectly to the trailer for off-loading?\nMy questions are in regards to a common operation that occurs in the refining industry. Specifically, a\ncargo tank with hazardous materials is connected to a process unit through various piping or hose and\nthe hazardous material is injected into the process unit over 1-2 days during an application/process that\noccurs every few years. One attendant, with or without his/her DOT approved tractor on the premise,\ngenerally will stay with the delivery during this process. The attendant could be the original driver who\ntransported the material or an outside contractor. Generally it is done by shifts. Is an attendant based\non the Hazardous Material Regulations even required under any of these scenarios? If so, are there any\nlimits, such as a maximum amount of time, an attendant can be classified as alert? For example, if an\n\n<<>>\n\nattendant is working a 12 hour shift, it is inevitable that person will need a break (for example, to use\nthe bathroom). Would this be a violation, even if a portable toilet was within 25 feet and with a view of\nthe hoses? Or would a second qualified attendant be required during any needed breaks?\nThank you in advance for any clarification and/or recommendations under this scenario. In my\nexperience this operation is being interpreted differently among both refineries and transportation\ncarriers/contractors. Any clarification would be very helpful so all parties are adhering to the\nregulations and safe practices are be followed.\nBest Regards,\nj~vL\nJonathan VanScoyoc\n\n<<>>\n\nO'Donnell, Lisa (PHMSA)\nFrom:\nSent:\nTo:\nSubject: VanScoyoc, Jonathan \nFriday, March 15, 2013 10:29 AM\nO'Donnell, Lisa (PHMSA)\nRE: lnrerpretation Request on Hazardous Materials Regulations\nan on this. in all\nthe carrier.\nthe\nBest\nJ - North America 5\nChevron Phillips Chemical LP\nI Mobile: 267-608-9535 · vanscj@cpchem.com\nInformation contained in this email is subject the disclaimers found on the following link:'c)\\'''·cpch£!l1S>>\n\n§ 171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions.\n(c) Transportation functions. Requirements in the HMR apply to transportation of a hazardous material\nin commerce and to each person who transports a hazardous material in commerce, including each\nperson under contract with any department, agency, or instrumentality of the executive, legislative, or\njudicial branch of the Federal government who transports a hazardous material in commerce.\nTransportation of a hazardous material in commerce begins when a carrier takes physical possession of\nthe hazardous material for the purpose of transporting it and continues until the package containing the\nhazardous material is delivered to the destination indicated on a shipping document, package marking,\nor other medium, or, in the case of a rail car, until the car is delivered to a private track or siding. For a\nprivate motor carrier, transportation of a hazardous material in commerce begins when a motor vehicle\ndriver takes possession of a hazardous material for the purpose of transporting it and continues until the\ndriver relinquishes possession of the package containing the hazardous material at its destination and is\nno longer responsible for performing functions subject to the HMR with respect to that particular\npackage. Transportation of a hazardous material in commerce includes the following:\n(3) Unloading incidental to movement of a hazardous material. Removing a package or containerized\nhazardous material from a transport vehicle, aircraft, or vessel; or for a bulk packaging, emptying a\nhazardous material from the bulk packaging after the hazardous material has been delivered to the\nconsignee when performed by carrier personnel or in the presence of carrier personnel or, in the case of\na private motor carrier, while the driver of the motor vehicle from which the hazardous material is being\nunloaded immediately after movement is completed is present during the unloading operation.\n(Emptying a hazardous material from a bulk packaging while the packaging is on board a vessel is subject\nto separate regulations as delegated by Department of Homeland Security Delegation No. 0170 at\n2(103).) Unloading incidental to movement includes transloading.\n_ § 173.30 Loading and unloading of transport vehicles.\nA person who is subject to the loading and unloading regulations in this subchapter must load or unload\nhazardous materials into or from a transport vehicle or vessel in conformance with the applicable\nloading and unloading requirements of parts 174, 175,176, and 177 of this subchapter.\n§ 177.834 General requirements.\n(i) Attendance requirements -(1) Loading. A cargo tank must be attended by a qualified person at all\ntimes when it is being loaded. The person who is responsible for loading the cargo tank is also\nresponsible for ensuring that it is so attended.\n(2) Unloading. A motor carrier who transports hazardous materials by a cargo tank must ensure that the\ncargo tank is attended by a qualified person at all times during unloading. However, the carrier's\nobligation to ensure attendance during unloading ceases when:\n----------------------------------------\n\n<<>>\n\n(i) The carrier's obligation for transporting the materials is fulfilled;\n(ii) The cargo tank has been placed upon the consignee's premises; and\n(iii) The motive power has been removed from the cargo tank and removed from the premises.\n{3) Except for unloading operations subject to§§ 177.837(d), 177.840(p), and 177.840(q), a qualified\nperson \"attends\" the loading or unloading of a cargo tank if, throughout the process, he is alert and is\nwithin 7.62 m (25 feet) of the cargo tank. The qualified person attending the unloading of a cargo tank\nmust have an unobstructed view of the cargo tank and delivery hose to the maximum extent practicable\nduring the unloading operation.\n(4) A person is \"qualified\" if he has been made aware of the nature of the hazardous material which is to\nbe loaded or unloaded, he has been instructed on the procedures to be followed in emergencies, he is\nauthorized to move the cargo tank, and he has the means to do so.\nHM-225A\n... the majority of chlorine MC 330 and MC 331 tanks are unloaded after the motive power has been\ndetached and has left the receiving facility. Thus, under sections 171.8, 177.834, and 178.337-11, the\ndetached tank is no longer a cargo tank within the meaning of the Hazardous Materials Regulations, and\nis no longer subject to the provisions of the final rule.\nOf greater importance is the fact that, unlike propane and ammonia tanks, the chlorine tank is unloaded\nfrom a valve located atop the tank. Accordingly, for a person to be within arms length of the valve\nduring unloading he or she must perch precariously atop the tank for the several hours necessary to\ncomplete the unloading process. This requirement reflects the fact that the chlorine tank was never\nreally considered during the rulemaking process, and appears in the final rule unexpectedly and\ninappropriately. Further, since the arms length provisions of the final rule become effective on July 1,\n1999, a serious safety issue is present.","truncated":false,"body_characters":14513}