{"operation":"document","citation":"13-0055","title":"Health, Environment, and Safety Arkema — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-09-19","effective_on":null,"summary":"13-0055 response to Health, Environment, and Safety Arkema concerning 173.31.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0055.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0055.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0055","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130055.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nSEP 1 9 2013\nChristina Kurtz\nManager of Regulations and Packaging\nHealth, Environment, and Safety\nArkema\n900 First Ave.\nBuilding #2\nKing ofPrussia, PA 19406-1308\nRef. No. 13-0055\nDear Ms. Kurtz:\nThis responds to your February 25, 2013 e-mail to the Hazardous Materials Information Center\n(HMIC) requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts\n171-180) applicable to tank car loading and unloading. I apologize for the delay in responding\nand any delay it may have caused. Specifically, you ask when the pre-loading and pre-\nunloading functions prescribed in§ 173.31(g)(l), (g)(2), and (g)(3) must be fulfilled, prior to\nactual loading or unloading, or at the time of tank car placement at the site where it will\neventually be loaded or unloaded. Additionally, you ask if it is the carrier's or consignee's\nresponsibility to perform the pre-unloading functions prescribed in § 173.31 (g)( 1 ), (g)(2), and\n(g)(3) at the time the tank car is placed at the unloading site by the carrier.\nThe underlying requirement in§ 173.31(g)(l), (g)(2), and (g)(3) of the HMR is that adequate\nprotection and warning be given to train and engine crews operating within a shipper or\nconsignee facility, such as posting warning signs, setting hand brakes, and blocking the wheels\nof hazardous materials tank cars placed for loading and unloading. Further, the Federal\nRailroad Administration (FRA) and PHMSA want to assure that, at the point of physical\ninterface between the general system of rail transportation and the facility rail system, rail crews\ndo not make inappropriate assumptions about the status of a particular rail car or series of rail\ncars and attempt to move cars that are attached to facility storage tanks or manufacturing\nprocesses, thereby endangering rail crew safety or adversely affecting movement along the\ngeneral system of rail transportation. Such functions must be completed prior to the actual\nloading or unloading of the tank car by either the consignor or consignee, as appropriate.\nAdditionally, these requirements apply whether or not the carrier is present during the loading\nor unloading operation.\nTo summarize, these requirements are not necessarily the result of a tank car being loaded or\nunloaded incidental to movement but rather it's because the unloading of a tank car has the\npotential to affect the safety of rail carrier personnel. Although it's not explicitly stated in the\n\n<<<PAGE 2>>>\n\nHMR, the protection of facility operators is a natural outcome of compliance with 173.31 (g).\nOnce the tank car(s) is accepted by the consignor or consignee (which could also be considered\nplacement for loading or unloading), the consignor or consignee must implement measures that\nprevent entrance to the track on which the cars are standing, display warning signs, and prevent\nthe cars from moving.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\n!UnJ~-\nl t' T. Glenn Foster\n]} Chief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nINFOCNTR (PHMSA)\nTuesday, February 26, 2013 5:10 PM\nDrakeford, Carolyn (PHMSA)\nFW: §173.31 Use of tank cars\n18 -ooS5\nHi Carolyn,\nThis caller asked for her e-mail to be forwarded as a formal letter of interpretation.\nThanks,\nVictoria\nFrom: Christina KURTZ [mailto:christina.kurtz@arkema.com]\nSent: Monday, February 25, 2013 3:54PM\nTo: INFOCNTR (PHMSA)\nSubject: §173.31 Use of tank cars\n§173.31 Use of tank cars\n(g) Tank car loading and unloading. When placed for loading or unloading and before\nunsecuring any closure, a tank car must be protected against movement or coupling as\nfollows:\nDear Sir/Madam:\nArkema Inc. is seeking clarification of the wording \"placed for loading or unloading and before\nunsecuring any closure\"\nQuestion:\nAt what point does § 173. 31(g)(l)-(3) actually become effective? When physical unloading of the car\nactually begins or when the car is placed at the unloading site, regardless if unloading doesn't take\nplace until days later?\nIf the answer is \"at the time the car has been placed at the unloading_ site,\" would it be the carrier's\nresponsibility if they are the ones who place the car to .the site wher~ unloading would eventually take\nplace? ·\nRegards,\nChristina KURTZ\nManager of Regulations and Packaging\nHealth, Environment, and Safety\n610-205-7417\n1\n\n<<<PAGE 4>>>\n\n900 First Ave.\nBuilding #2\n19406-1308 King of Prussia, PA\nUSA\nchristina.kurtz@arkema.com\n2","truncated":false,"body_characters":4685}