{"operation":"document","citation":"98-0018","title":"Amoco ChemicalsMs. Vickie M. Wheeler — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1998-05-04","effective_on":null,"summary":"98-0018 response to Amoco ChemicalsMs. Vickie M. Wheeler concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0018.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0018.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0018","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980018.pdf","body":"<<<PAGE 1>>>\n\n- •\nU.S.Department\nof Transportation\nWashington, D.C.\n400 Seventh Street, S.W.\n20590\nResearch and\nSpecial Programs\nAdministration\nMAY - 4 1998\nMs. Vickie M. Wheeler\nAmoco Chemicals\nChemical Feedstocks Business Group\nPost Office Box 5206\nLisle, Illinois 60532\nDear Ms. Wheeler:\nThis is in response to your letter of March 13, 1998, requesting clarification of shipping paper\nrequirements for rail (§ 174.24) in the Hazardous Materials Regulations (HMR; 49 CFR Parts\n171-180). You question whether shipping papers would be required when moving a railcar\ncontaining hazardous materials on a spur that crosses \"Amoco Road,\" a county road.\nThe answer is yes. Section 171.1 discusses the purpose and scope of the HMR and\nspecifically states that they apply to \"The offering of hazardous materials for transportation\nand transportation of hazardous materials in interstate, intrastate, and foreign commerce by\nrail car, aircraft, motor vehicle, and vessel (except as delegated at § 1.46(t) of this title),\n(except that until October 1, 1998, this subchapter applies to intrastate carriers by motor\nvehicle only in so far as this subchapter relates to hazardous waste, hazardous substances,\nflammable cryogenic liquids in portable tanks and cargo tanks, and marine pollutants).\" In\nyour situation, you are offering and transporting a hazardous material in commerce.\nTherefore, you may not accept or transport a hazardous material by rail unless you receive a\nshipping paper that properly conveys the information required by part 172 of the HMR\n(§ 174.24).\nI hope this answers your inquiry. If you need additional assistance, do not hesitate to contact\nUS.\nSincerely,\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nBAH\n= =\nAMOCO\nhemical Feedstocks Business Grou\nmoco Chemical\nTransportation and Distribution\nPost Office Box 520€\n301 Warrenville Roac\nLisle Illinois 60532\nMarch 13, 1998\nDelmer Billings\nChief of Regulations Development (DHM-11)\nU.S. Department of Transportation/RSPA\n400 7th Street S. W.\nWashington, DC 20590\nInterpretation of Shipping Paper Requirements for Rail\nAmoco Chemicals (Amoco) is requesting an interpretation of the regulation in 49\nCFR 172.24 as it relates to an operational situation at its Joliet Chemical Plant in\nJoliet, Illinois. The regulation states:\n\"A person may not accept or transport a hazardous material by rail unless that\nby part 172 of this subchapter.\"\nperson receives a shipping paper that properly conveys the information required\nThe Joliet Chemical Plant is located on the south side of a local county road\n(Amoco Road). This road separates the Amoco facility from the Huntsman\nChemical facility (Huntsman) on the north side. Approximately one-quarter mile\nwest of these facilities is a spur off of the CSX Railroad's main line. This spur\nends on Amoco property. An Amoco locomotive is used to move railcars within\nthe Joliet facility. Occasionally, the locomotive is used to move styrene railcars\nacross Amoco Road to be spotted at Huntsman.\nOn October 12, 1997, Mr. E. E. Lucas, USDOT/FRA Hazardous Material\nInspector, conducted an inspection of the Joliet Plant. The issue of moving\nrailcars containing hazardous materials across a county road was posed to Mr.\nLucas. He responded by phone to this inquiry and stated that he believed\nshipping papers were not necessary. He suggested that Amoco confirm his\nthoughts with Department of Transportation personnel in Washington, D.C.\nAmoco is requesting written confirmation of Mr. Lucas' interpretation that\nshipping papers are not necessary for the movement of styrene railcars across\nAmoco Road: You may forward your response to the above address and to my\nattention.\n\n<<<PAGE 3>>>\n\nInterpretation of Shipping Paper Requirements for Rail\nMarch 13, 1998\nPage 2\nPlease contact me at 630/434-6325 if you require any additional information\nabout this request. Thank you for your time and consideration.\nSincerely,\nVickie M. Mohales\nVickie M. Wheeler\nHazardous Materials Specialist","truncated":false,"body_characters":4037}