{"operation":"document","citation":"20-0026","title":"STAR Consulting — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2020-05-21","effective_on":null,"summary":"20-0026 response to STAR Consulting concerning 171.1, 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0026.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0026.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0026","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/73986/200026.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMay 21, 2020\nJeff R. Thomas\nSTAR Consulting\n85 S. LaVerne Street\nFallon, NV 89406\nReference No. 20-0026\nDear Mr. Thomas:\nThis letter is in response to your March 23, 2020, email and subsequent email correspondence\nrequesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180)\napplicable to storage incidental to movement. Specifically, you describe a scenario involving\nintermodal transportation and ask whether, in the specific scenario you describe, the storage of\nrail tank cars on private track meets the definition of “storage incidental to movement.”\nIn your scenario, a hazardous material is transported by rail in tank cars from a manufacturing\nplant to a transloading facility. The tank cars are delivered to a private track at the transloading\nfacility, and after a 2-3 day period, are unloaded from the tank cars into cargo tank motor\nvehicles for delivery to a customer. You ask whether the tank cars containing hazardous material\nare considered to be in “storage incidental to movement” (see §§ 171.1(c)(4) and 171.8) during\nthe 2-3 day period they are stored on private track at the transloading facility, and therefore\nsubject to the requirements of the HMR.\nThe answer is no. As described in your scenario, the storage on private track does not meet the\ndefinition of “storage incidental to movement.” Once the tank cars are delivered to the private\ntrack of the designated consignee for the rail movement, transportation is considered to have\nended, even if the hazardous material is described as a through-shipment to another destination.\nThe storage of hazardous material in the tank car on private track is not subject to the HMR, but\nthe HMR apply to the pre-trip functions performed for the next mode of transportation for the\nhazardous material.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nFrom: Foster, Glenn (PHMSA)\nTo: January, Ikeya CTR (PHMSA)\nCc: Dodd, Alice (PHMSA)\nSubject: FW: Storage incidental to transportation\nDate: Tuesday, March 24, 2020 10:41:32 AM\nIkeya,\nCan you treat the incoming from Mr. Thomas below as a request for a letter of Interp and assign to\nthe next Specialist in the rotation, please? Once assigned, please email Mr. Thomas an updated\nversion of our receipt of Interp request confirmation.\nThanks,\nGlenn\nFrom: Kelley, Shane (PHMSA)\nSent: Tuesday, March 24, 2020 10:33 AM\nTo: Horsley, Adam (PHMSA) \nCc: Foster, Glenn (PHMSA) \nSubject: RE: Storage incidental to transportation\nGood morning Adam,\nCertainly. Glenn\nfor response?\n-\ncan you please work with the team to ensure the below inquiry is logged/assigned\nThank you\nShane\nFrom: Horsley, Adam (PHMSA)\n\nSent: Tuesday, March 24, 2020 10:29 AM\nTo: Kelley, Shane (PHMSA)\n\nSubject: FW: Storage incidental to transportation\nHi Shane,\nWhen you have time, we would like to ask for PHH-10’s help in responding to the email below. Can\nwe please handle this through the interpretation process?\nBest,\n-\nAdam\nAdam Horsley\nDeputy Assistant Chief Counsel\nHazardous Materials Safety Law Division\nPipeline and Hazardous Materials Safety Administration\n1200 New Jersey Avenue, SE\n\n<<>>\n\nEast Building, E26-322\nWashington, DC 20590\n(202) 366-8000 (Phone)\n(202) 366-7041 (Fax)\nPRIVILEGED & CONFIDENTIAL: This e-mail, including any attachments, is confidential,\nintended only for the named recipient(s) above and may contain information that is privileged,\nconfidential, attorney work product or otherwise legally protected. If you have received this\nmessage in error, or are not the named recipient(s), please immediately notify me and permanently\ndelete this e-mail message and any attachments from your workstation and/or network mail system.\nFrom: Jeff Thomas [mailto:jeffrthomas2016@gmail.com]\nSent: Monday, March 23, 2020 6:40 PM\nTo: Chief Counsel, PHMSA (PHMSA)\n\nSubject: Storage incidental to transportation\nDear Chief Counsel:\nIf a railroad car of Hazardous Material is shipped from a shipper at their shipping\nlocation (origin) to a private rail siding and then connected to a trans-loader and\ntransferred to a semi- trailer and then further transported by truck/semi-trailer to\nthe final shipping destination of the consignee (i.e. buyer, end user), for the time\nperiod the rail car is at the trans-loading facility, is it or is it not considered to be\n“storage incidental to transportation or movement.\"\nI would appreciate your earliest response as we have a customer who wants to be\nsure and comply with all applicable regulations as the product is delivered to its\nfinal destination.\nThank you very much.\n--\nJeff R. Thomas, JD\nSTAR Consulting\nWashington office: Nevada office: Idaho office:\n101 W. Fir Street 85 S. LaVerne Street 152 Copperhead Road\nOthello, WA 99344 Fallon, NV 89406 Dixie, ID 83525\n509-771-5201 775-427-3886 208-848-6497","truncated":false,"body_characters":5201}