Interpretation Response #05-0130 ([ABC Coke] [Mr. William R. Mason])

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

Interpretation Response Details

Response Publish Date: 07/29/2005

Company Name: ABC Coke

Individual Name: Mr. William R. Mason

Location State: AL Country: US

View the Interpretation Document

Response text:

Jul 29, 2005

Mr. William R. Mason                        Reference No. 05-0130
Vice President of Operations
ABC Coke
P.O. Box 10246
Birmingham, Alabama 35202

Dear Mr. Mason:

This responds to your May 16, 2005 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask for relief from the requirements in § 174.67(i) in effect at the time you submitted your request.

On October 30, 2003, the Research and Special Programs Administration (RSPA, we) published a final rule under Docket HM-223 (68 61906) 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. The provisions of the HM-223 final rule became effective on June 1, 2005.

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 (see § 171.1(c)(3)). As adopted in the HM-223 final rule, however, the requirements in § 173.3 1(g) apply to all tank car unloading operations as of June 1, 2005, even when those operations are conducted by consignee personnel. Thus, as stated in the October 30 final rule, “requirements related to the protection of train and engine crews operating within a shipper or consignee facility, such as posting warning signs, setting hand brakes, and blocking the wheels of hazardous materials tank cars placed for unloading would continue to apply” (68 FR 61918). As well, Occupational Safety and Health Administration (OSHA) standards may apply to such unloading operations.

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

Sincerely,

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

174.67(i)

Regulation Sections