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Interpretation Response #05-0014 ([Mr. Richard Daley] [Borden Chemical, Inc.])

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

Interpretation Response Details

Response Publish Date:

Company Name: Mr. Richard Daley

Individual Name: Borden Chemical, Inc.

Location State: WA Country: US

View the Interpretation Document

Response text:

Mar 18, 2005


Mr. Richard Daley                 Reference No. 05-0014
Logistics Operations Manager
Borden Chemical, Inc.
520 1l2th Avenue N.E., 4th floor
Bellevue, Washington 98004

Dear Mr. Daley:

This responds to your January 25, 2005 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask for clarification of § 171.1(d)(2) and 173.3 1(g) as revised under the final rule to Docket HM-223 (68 FR 61906; October 30, 2003). In accordance with this final rule, you ask if tank car unloading activities are subject to the H1N’IR after the carrier has departed your property.

On October 30, 2003, the Research and Special Program Administration (RSPA, we) published a final rule under Docket HM-223 entitled “Applicability of the Hazardous Materials Regulations to Loading, Unloading, and Storage.” The HM-223 final rule clarifies the applicability of the HMR to specific functions and activities, including hazardous materials loading and unloading operations and storage of hazardous materials during transportation. The final rule codifies in the HMR long-standing policies and interpretations concerning the applicability of the regulations to specific functions and operations. We initiated the rulemaking to better define the applicability of the HIVIR to loading, unloading, and storage operations at fixed facilities and to clarify the relationships among Federal, State, local, and tribal agencies involved in the regulation of hazardous materials.

We are currently considering a number of petitions filed by the regulated industry asking that we reconsider certain aspects of the HM-223 final rule. On December 18, 2004, we published a final rule to delay the effective date of the HIVI-223 final rule until June 1, 2005 (69 FR 70902). Therefore, until June 1, 2005 tank car unloading must be performed in accordance with § 174.67, as required prior to HM-223.

Under the HM-223 final rule, tank car unloading operations conducted by consignee personnel after the rail carrier has departed the consignee’s premises generally are not subject to regulation under the HMR. As adopted in the HM-223 final rule, however, the requirements in § 173.31 will begin to apply to all tank car unloading operations on June 1, 2005, even when those operations are conducted by consignee personnel. Thus, the unloader must secure access to the track, place caution signs, and block the tank car wheels and set the handbrakes. As well, Occupational Safety and Health Administration (OSHA) standards may apply to such unloading operations.

HM-223 will also require that transloading operations, such as the transfer of a hazardous materials from a tank car to a cargo tank, continue to be subject to all applicable HMR requirements including § 174.67. The revisions to § 174.67 will also be effective on June 1, 2005.

I hope this information is helpful. Please contact us if you require additional assistance.


John A. Gale
Chief, Regulations Development
Office of Hazardous Materials Standards

171.1(d)(2), 173.31(g)

Regulation Sections

Section Subject
171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions
173.31 Use of tank cars