Interpretation Response #04-0009 ([Air Products and Chemicals, Inc.] [Mr. Richard J; Lloyd])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 04/01/2004

Company Name: Air Products and Chemicals, Inc.

Individual Name: Mr. Richard J; Lloyd

Location State: PA Country: US

View the Interpretation Document

Response text:

Apr 1, 2004

Mr. Richard J; Lloyd                Reference No. 04-0009
Manager, Regulatory Compliance
Air Products and Chemicals, Inc.
7201 Hamilton Boulevard
Allentown, Pennsylvania 18195

Dear Mr. Lloyd:

This responds to your request for clarification of an amendment to the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) adopted under Docket HM-223 (final rule published October 30, 2003; 68 FR 61905).  Your question concerns the applicability of revised § 174.67 to tank car unloading and transloading operations, Please accept my apology for the delay in responding.

Your understanding is correct.  The entire § 174.67, as revised in the HM-223 final rule, applies to transloading operations.  Effective October 1, 2004, rail tank car unloading operations performed by consignees after delivery of the rail car are not subject to regulation under the HMR.  We plan to issue a correction document later this year to clarify the applicability of  § 174.67.

I hope this information is helpful.  Please let me know if you have additional questions.
Sincerely,

Susan Gorsky
Senior Regulations Specialist
Office of Hazardous Materials Standards

174.67

Regulation Sections