Interpretation Response #25-0134
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Genesee & Wyoming Railroad Services, Inc.
Individual Name: Cary Hiles
Location State: FL Country: US
View the Interpretation Document
Response text:
June 11, 2026
Cary Hiles
AVP of Environmental and Hazmat Safety
Genesee & Wyoming Railroad Services, Inc.
13901 Sutton Park Drive S.
Jacksonville, FL 32224
Reference No. 25-0134
Dear Mr. Hiles:
This letter is in response to your October 24, 2025 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the 48-hour forwarding rule. Is a railroad in violation of § 174.14 if it receives placarded residue/empty railcars and stores them on non-private track?
No. Under § 174.14(a), a carrier must forward each shipment of hazardous materials promptly and within 48 hours after acceptance, excluding Saturdays, Sundays, and holidays. However, the original intent of the 48-hour rule was to prevent shippers from sending out loaded tank cars without a billed destination and to reduce the time in transit for loaded hazardous materials rail cars. As established in a prior Pipeline and Hazardous Materials Safety Administration (PHMSA) interpretation, § 174.14(a) does not apply to intermodal transfer operations, highway shipments, or residue quantities. Because the 48-hour forwarding requirement does not cover residue quantities, your railroad would not be in violation of § 174.14 when storing the described placarded residue railcars on non-private track.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Alexander Wolcott
Acting Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
174.14
Regulation Sections
| Section | Subject |
|---|---|
| 174.14 | Movements to be expedited |