{"operation":"document","citation":"99-0071","title":"Radian International — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1999-05-28","effective_on":null,"summary":"99-0071 response to Radian International concerning 171.8.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0071.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0071.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0071","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1999/990071.pdf","body":"<<<PAGE 1>>>\n\n\" =\n471.8\nof Transportation\nU.S. Department\nWashington, D.C\n400 Seventh Street, S.W.\n20590\nSpecial Programs\nResearch and\nMAY. 28 1999\nAdministration\nMr. Andrew N. Romach\nReference.\nNo.\n99-0071\nRadian International\nRegulatory Compliance Manager\nPost Office Box 13000\nResearch Triangle Park, NC 27709\nDear Mr. Romach:\nThis is in response to your letter of March 5, 1999, requesting\nclarification of the Hazardous Materials Regulations HMR; 49 CFR\nparts 171-180) Specifically, you ask whether the following\nscenario would be considered \"storage incidental to\ntransportation.\"\noperates a \"switching yard\" where railcars are unhooked from the\nYou state that a national railroad company\nlocomotive and moved into a side yard to await the next leg of\nthe railcars are waiting temporarily in the switching yard from\ntransportation to their final destination. You also state that\nminutes to a few days\nand\nare covered by a through bill of\nlading while they remain in the switching yard.\nBased on the above scenario, the answer to your question is yes.\n\"Storage incidental to transportation\" means any temporary\noffered for transportation to a carrier until it reaches its\nstorage that may occur between the time a hazardous material is\nintended destination and is accepted by the consignee..\nwould include temporary storage of a shipment during this time\nperiod at a carrier's terminal, consolidation, or storage\nFacility, or on a dock area waiting for loading.\nis, if a\nshipment\nis consigned to the end user of the hazardous material\nat the time the shipment is offered for transportation, most\nstorage between offering and delivery to the end user is\ntemporary storage.\nto a storage facility rather than to an end user, then the\nIt the shipment is consigned by the offerer\nshipment is out of transportation once received and unloaded at\ntacon once\nthe storage facility.\nwe are currently reviewing the applicability of the HMR to\ncertain transportation-related activities, such\nas storage of\nhazardous materials, under a supplemental advance notice of\nproposed rulemaking\n(SANPRM) published under Docket HM-223,\nentitled \"Applicability of the Hazardous Materials Regulations to\nLoading, Unloading and Storage\" \" The SANPRM is available for\nviewing on the Internet at http://dms.dot.gov under RSPA Docket\nNo. 98-4952.\n990071\n\n<<<PAGE 2>>>\n\nI hope this information is helpful.\nassistance, please contact us.\nIf we can be of further\nSincerely,\nHattie z mitchel\nChief, Regulatory Review and Reinvention\nHattie L. Mitchell\nOffice Of Hazardous Materials Standards\n2400.\n4 30\n12.33\nthird\n\n<<<PAGE 3>>>\n\nBetts\nRADIAN INTERNATIONAL\nA DAMES & MOORE GROUP COMPANY\nSolo Storage Incia\nMailing Address:\nto Transp.\nMarch 5, 1999\nPost Office Box 13000\nNorth Carolina 27709\nResearch Triangle Park,\nMr. Ed Mazzullo, Director\nPhysical/Shipping Address:\nOffice of Hazardous Material Standards\nMorrisville, North Carolina 27560\n|1600 Perimeter Park Drive\nResearch and Special Programs Administration\nU.S. Department of Transportation\n919 461 1415 Fax\n919 461 1100 Tel\n400 7th Street, SW\nWashington, DC 20509-0001\n99-0071\nFAX: (202) 366-3012\nDear Mr. Mazzullo:\nI am writing to you to request a written regulatory interpretation concerning whether or not the\nfollowing transportation situation would be considered \"storage incident to transportation.\"\nA national railroad company operates a \"switching yard\" where railcars are\nunhooked from the locomotive and moved into a side yard to await the next leg of\ntransport to their final destination. These railcars are waiting temporarily in the\nswitching yard from minutes to a few days, but most likely they would not remain\nonsite for more than one week. These railcars are unhooked primarily to change\nlocomotives/train routes. These detached railcars are covered by a through bill of\nlading while they remain in the switching yard\nWhen I discussed this transportation situation with Mr. Delmer Billings, he stated that because\nthese railcars remain under a through bill of lading and because they are not being stored on a\nspur of leased track, they would be considered \"storage incident to transportation\" He agreed\nthat if these railcars contain DOT hazardous materials, they would remain subject to the DOT\nhazardous material regulations from their point of initial loading until they arrive at their final\ndestination.\nThis question arose because any railcar that is considered \"storage incident to transportation\"\nwould not meet the definition of stationary source found in 40 CFR $68.3 and would not require\na Risk Management Plan (RMP) under the Clean Air Act as stated in EPA's Accidental Release\nPrevention rule. I appreciate your clarification of this transportation situation.\nIf you have any questions concerning this transportation situation, please call me at (919) 461-\n1220.\nAndrew N. Romac\nRegulatory Manager\nEngineering Services in North Carolina are performed through Radian Intermationals wholly owned subsidiary, Radian Engineering. Inc.\nOffices Worldwide","truncated":false,"body_characters":5010}