West Central Environmental Corp. — Hazardous Materials Safety Interpretation

Page 1= of Transportation U.S.Department 400 Seventh Street, S.W. Research and Washington, D.C. 20590 dministratior pecial Program FER | 3 1998 Mr. Dana Murphy Vice President West Central Environmental Corp. Post Office Box 83 1 Rensselaer, NY 12144 Dear Mr. Murphy: This is in response to your letter of December 5, 1997, concerning the status of a cargo tank which has been separated from its tractor. Specifically you asked if a cargo tank, located on private property with the motive power removed from the property, is subject to the attendance requirements of the Hazardous Materials Regulations (§ 177.834(i)) as it is loaded or off-loaded over a period of 12 to 48 hours. "Transportation," as defined in § 5102 of the Federal hazardous material transportation law (49 U.S.C. 5101-5127), is any movement of property by any mode, and any loading, unloading, or storage incident to the movement. As applicable to the attendance requirements, highway transportation of a cargo tank ceases when: (1) The carrier's obligation for .! transporting the materials is fulfilled; (2) The cargo tank has been placed upon the consignee's premises; and (3) The motive power has been removed from the trailer and removed from the premises (§ 177.834(i)(2)). A tank removed from its motive power on private property is not considered in transportation and not subject the attendance requirements when the above conditions have been met. For information concerning the Federal Motor Carrier Safety Regulations in 49 CFR Parts 300- 399, please contact the Federal Highway Administration's Office of Motor Carriers at (202) 366-1790. I hope this answers your inquiry. If we can be of further assistance, do not hesitate to contact uS. Sincerely, Juban Fositting Chief, Regulations Development Office of Hazardous Materials Standards#

Page 2WEST CENT. ENVIRO. TEL: 518-272-0108 Dec 05 97 8:15 No.001 P.01 i WCE WEST CENTRAL Syracuse, NY ENVIRONMENTAL 315-472-6500 Binghamton, NY P.O. Box 83 24-HOUR SERVICE war fore 607-722-6400 Rensselaer, NY 12144 518-272-6891 N. Y.S. Waste Haulers #44-106Contac EPA ID #/NYD000708271 Poughkeepsie, NY 914-471-1400 Grand Island, NY 716-775-3335 TAX COVER SHEET TAX#: (518) 272-0108 # OF PAGES INCLUDING COVER SHEET: / - TO: Michael JohNseN FROM: DANA MuRphy DATE: 12/5/97 TIME: RE: CFR 49 SubpART B 177.834 (i) (1)(2)(3) 4(4) MR. JOHNSEN - Is A SemiTRailer CARgO TANK which hAs beEn SpoTTed oN pRIVATe PRoperTy (SeperaTed FRom iTS TRACTOR) Siill Regulated by The above mentioned paets AndloR oTher FMeSR while loAdiNg oR oFfloadiNg HAzARdoOs MATerIals, SpeciFically if such Loading aß OffleadINg WAS To OCcOuR over AN exTeNded period of Time, SAy 12 to 48 hes? RespectFully Nice murphy IF YOU DO NOT RECEIVE ALL PAGES TRANSMITTED, PLEASE NOTIFY MIE IMMEDIATELY AT (518) 272-6891.#

Page 3Interpretation Letters Developed By Booz• Allen & Hamilton Inc. Requester Bob Bonich Date Received: 4/6/99 Company Suttles Truck Leasing, Inc... Tracking Number: 99-0087 Phone 334-289-0670: Revision Date: 4/21/2000 Date Assigned 4/6/99 Date of Letter 3/29/99. Staff Edmonson DHM 12 First Draft Due: 4/27/99 Section 177.834 First Draft Date:... Subject Load/Unload Concurrence Days to Sign 339 Status CLOSED Status Date Sign/Close Date 03/10/2000 Signor HLMitchell HBP Copy to Docket Copy to DHM-60 Comment Transferred to Joan Malntyre on 02/11/00 02/17/00 called Bob Bonich and NY State Police. Police issued citation for.. violation Sect. 177.834() to one of Bonich's shipments. Informed both that. in accordance with Section 173.29(b), Bonich's shipment was not subject to Sect. 177.834() and therefore, manholes and closures do nof need to be closed. Neither party requires a written response. Letter transferred from Mack to Molntyre.. HBP 02/22/00-Received a phone call from Trooper Oskt (officer who issued citation). He changed his request and asked that we put the response in writing for the purposes of a training class... 02/23/00 - Draft.Jetter. to HLM. 0124/00 revised by HLM and returned. 7/17 Carol Ple pa Hise pretares w this letle yelowiper thanks,#

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