{"operation":"document","citation":"99-0153","title":"H.B. Fuller Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-03-23","effective_on":null,"summary":"99-0153 response to H.B. Fuller Company concerning 174.67.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0153.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0153.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0153","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1999/990153.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh Street, S.W.\nWashington, D.C.\n20590\nSpecial Programs\nAdministration\nMAR 2 3 2000\nMr. Eugene J. Secor\nRef. No. 99-0153\nTransportation Specialist\nH.B. Fuller Company\n25200 Malvina Avenue\nWarren, Michigan 48089\nDear Mr. Secor:\nThis responds to your letter of June 3, 1999, requesting clarification of the attendance requirements for\nunloading tank cars under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).\nSpecifically, you ask for clarification as to when the attendance requirements apply and whether the\nattendance requirements can be met with a remote monitoring system. Please accept my apology for\nour delay in answering your inquiry.\nThe tank car unloading attendance requirements are in § 174.67(i) of the HMR. These requirements\napply to all tank car unloading operations, including both bottom and top off-loading operations.\nSection 174.67(i) requires a tank car to be continuously attended throughout the entire period of\nunloading and while the tank car is connected to an unloading device. This requirement can be met by\nhuman attendance or by use of signaling systems, such as sensors, alarms, and electronic surveillance\nequipment.\nHuman monitoring must be performed by the person responsible for the unloading operation. The\nattendant may monitor unloading from on-site or from a remote location within the plant by utilizing\ntelevision cameras and monitors. In either location, the attendant must have an unobstructed view of\nthe tank car and unloading components. Further, the attendant must be knowledgeable about the\nproduct, have the ability to identify conditions requiring action, and have the capability and authority to\nhalt the flow of product immediately.\nIf a signaling system is used to meet the attendance requirement, the system must provide a surveillance\ncapability at least equal to that of a human observer. The system should be designed to provide\nimmediate notification of a malfunction to a person responsible for unloading: if not. the system must he\nchecked at least once every hour to assure proper functioning. In the event of a system malfunction,\nhuman observation of the unloading operation, as described above, must be instituted immediately.\n990153\n114\n-\n\n<<<PAGE 2>>>\n\n\"Transportation,\" as defined in § 5102 of federal hazardous materials transportation law (49 U.S.C.\n3101-5121), means the movement of property and any loading, unloading, or storage incidental to the\nmovement. Neither the statute nor the HMR define the terms \"loading incidental to movement,\"\n\"unloading incidental to movement,\" or \"storage incidental to movement.\" You are correct that there is\nconfusion concerning the meaning of \"transportation in commerce\" and whether particular activities are\ncovered by that term and, therefore, subject to regulation under the HMR. We are currently engaged\nin a rulemaking, under Docket No. RSPA-98-4952, to clarify the applicability of the HMR to specific\ntransportation functions, including hazardous materials loading and unloading operations and storage of\nhazardous materials during transportation. We expect to issue a notice of proposed rulemaking later\nthis year.\nI hope this information is helpful. If you have further questions, please do not hesitate to contact this\noffice.\nSincerely,\nhome. alle\nThomas G. Allan\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nProducts, Inc.\nH.B. Fuller Automotive\n31601 Research Park Drive\nKarem\nMadison Heights, Michigan 48071\nJune 3, 1999\nFAX (870) 585-3609-\n810) 585-2200.. (800) 693 7709\n$174.67\nUS DEPARTMENT OF TRANSPORTATION\nRESEARCH AND SPECIAL PROGRAMS ADMINISTRATION\n99-0153\n400 SEVENTH STREET, SW, DHM-11\nSTANDARDS DEVELOPMENT\nWASHINGTON, DC 20590-0001\nLOADED?\nRe: IS AN ATTENDENT REQUIRED DURING THE ENTIRE TIME A TANKCAR IS BEING OFF-\nGentlemen:\nOur company currently buys Viny! Acetate, Inhibited, UN 1301, in tank car quantities. The tank car is\nvitched onto our private siding by the delivering railroad. Unloading is done by our own employees wi\narrently function as an attendant throughout the entire unloading process, similar to a truck drive\nremaining with his vehicle while it is being off-loaded.\neiforts to avoid minor spills. A question has arisen as to whether an employee must remain with the tank\nWe are currently looking at switching from a bottom off-loading operation to a top off-loading mode in our\nprocess. Alternatively, can some type of remote monitoring be used (after the hookup for unloading has\ncar while off-loading using the proposed top off-loading technique for the entire duration of the off-loading\namply place) to observe the bulk of the unloading process until the time arrives to unhook because the TC is\nIs the full tank car still in transportation once we have it on our siding? If no, then do the regulations for\ntimes while unloading is taking place? We do have sufficient secondary containment to handle a tank car\ntransporting bulk hazmats still apply to us meaning the necessity to have an attendant at the tank car at all\nTC's ourselves so they go out placarded as full on the return trip)?\nspill. When, if ever, is a tank car not belonging to our Company NOT in transportation (we do not clean\nYou help in interpretation on these issues is appreciated.\nBest Regards,\nHere Decor\nEHS/TRANSPORTATION SPECIALIST\nH.B. FULLER COMPANY\nWARREN, MI 48089\n25200 MALVINA AVE\nPhone: 810-498-1317\nFAX: 810-447-1117\nFile: DOT/TCremote","truncated":false,"body_characters":5509}