{"operation":"document","citation":"18-0037","title":"Global Campanies, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-03-07","effective_on":null,"summary":"18-0037 response to Global Campanies, LLC concerning 171.8, 174.204, 174.304.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0037.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0037.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0037","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/70741/180037.pdf","body":"<<<PAGE 1>>>\n\n0\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMAR O 7 2019\nMr. Sid DeCell\nGlobal Companies, LLC\n2 Flynn Avenue\nBurlington, VT 05401\nReference No. 18-0037\nDear Mr. DeCell:\nThis letter is in response to your March 15, 2018, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the consignee for tank cars\ndelivering Class 2 (gas) materials under§ 174.204 or Class 3 (flammable liquid) materials under\n§ 174.304.\nWe have paraphrased and answered your questions as follows:\nQI. You ask if the facility that receives tank cars delivering Class 2 materials conforming\nwith§ 174.204 or Class 3 materials conforming with§ 174.304 must be designated as the\n\"consignee.\"\nA 1. The answer is yes. If the facility meets the definition of a \"consignee\" in § 171.8, then\nthe facility is a consignee for the purpose of determining compliance with §§ 174.204 and\n174.304. A consignee is defined as the person or place shown on a shipping document,\npackage marking, or other media as the location to which a carrier is directed to transport\na hazardous material (§ 171.8). Thus, if your facility is the location where the rail carrier\nis instructed to deliver the tank cars on the railroad waybill or other documentation, it\nmeets the definition of a consignee. The HMR defines consignee but does not\nspecifically state the consignee name must appear on a shipping document. The Surface\nTransportation Board prescribes what information must appear on bills of lading under 49\nCFR Part 1035. For information on these requirements, you may wish to contact STB's\nOffice of Public Assistance, Governmental Affairs, and Compliance (OPAGAC) at 202-\n245-0238.\nQ2. You ask if the tank car must be consigned to the facility.\nA2. · The answer is yes. A consignee of a tank car containing a hazardous material may be any\n\"person,\" as this word is defined in§ 171.8, permitted to receive a tank car of hazardous\nmaterial(s) in conforniance with applicable federal, including the HMR, state, local, and\ntribal laws. For example, §§ 174.204 and 174.304 require tank cars that contain Class 2\n\n<<<PAGE 2>>>\n\nQ3. A3. and Class 3 materials, respectively, be delivered to facilities that permit these materials to\nbe unloaded provided additional requirements are met. Provided your facility is the\nintended recipient of a tank car containing hazardous material, and the facility complies\nwith the requirements mentioned earlier in this paragraph, then your facility may be\nentered as a consignee of this tank car on the shipping document or package markings or\nother media that contain the information required for its transport.\nYou ask if tank car receiving facilities comply with the HMR if each facility is only\nnamed as the destination and not the consignee on the shipping papers (i.e., bill of lading)\nfor tank cars that contain either Division 2.1 (flammable gas) or Class 3 material. ·\nThe answer is yes. For the purposes of compliance with the HMR, the rail receiving\nfacility in your example is a consignee if it meets the definition of consignee in § 171.8.\nThere may be multiple consignees for a shipment. The tank car receiving facility would\nbe subject to the requirements of§§ 174.204 and 174.304.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nJanuary, lkeya CTR (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent:\nTo:\nSubject: Thursday, March 15, 2018 4:13 PM\nHazmat Interps\nFW: Letter of interpretation on consignee or consigned\nHi Alice and lkeya,\nBelow is a request for a letter of interpretation. Mr. DeCell spoke with Eugenio. Please let me know if you have any\nquestions.\nThanks,\nJodi\nFrom: Sidney Decell [mailto:SDecell@globalp.com]\nSent: Thursday, March 15, 2018 12:42 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Letter of interpretation on consignee or consigned\nWe are looking for clarification on 49 CFR 174.304 Class 3 flammable liquid and 174.204 Tank car delivery of gases.\nWhen receiving delivery of rail cars into our facilities does the receiving facility have to be the consignee? Does the rail\ncar have to be consigned to the facility. Are receiving facilities incompliance if the facility is only named as the\ndestination and not the consignee on the BOL for both class 3 flammable liquid and Class 2.1 gases. Mailing address\nbelow. Thank you\nSid DeCell\nGlobal Companies LLC\n2 Flynn ave Burlington VT 05401\nEmail: sdecell@globalp.com\nOffice# 802 658 4140 EXT 5472\nCell# 802 316 0848\nFax# 802 658 3190\nGUIBAh\n1","truncated":false,"body_characters":4746}