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Interpretation Response #07-0136

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

Interpretation Response Details

Response Publish Date: 09-24-2007
Company Name: Bolds & Associates, LLC    Individual Name: Mr. James J. Bolds     
Location state: TX    Country: US

View the Interpretation Document

Response text:

Sep 24, 2007

Mr. James J. Bolds                                    Reference No. 07-0136
Managing Consultant
Bolds & Associates, LLC
P0 Box 846
Montgomery, TX 773 56-0846

Dear Mr. Bolds:

This is in response to your July 6, 2007 letter concerning the applicability of the Hazardous Materials Regulations (HMR: 49 CFR 171-180) to tank car unloading. In your letter, you present the following scenario:

You state that railroad tank cars are unloaded into fixed storage tanks at a terminal. After unloading, the tank cars are disconnected and prepared for return transit as residue cars. Tank trucks are then loaded from the fixed storage tanks. You state that this specific unloading rack operation is not a transloading operation as defined in the HMR because the tank cars are unloaded into fixed storage tanks rather than non-bulk or bulk packaging, and, therefore is not subject to the tank car unloading requirements specified in § 174.67. You ask whether your interpretation is correct.

The answer is yes. As defined in § 171.8, transloading means the transfer of a hazardous material by any person from one bulk packaging to another bulk packaging, from a bulk packaging to a non-bulk packaging, or from a non-bulk packaging to a bulk packaging for the purpose of continuing the movement of the hazardous material in commerce. The material in your scenario is being transferred from a bulk packaging to fixed storage tanks. Fixed storage tanks do not meet the definition of non-bulk or bulk packaging nor does this operation meet the definition of transloading. Therefore the rack operation you described is not generally subject to the tank car loading requirements (e.g., attendance) specified in section 174.67. However, the requirements of Section 173.31(g) would still require protection of the operation while tank cars are connected and product is being unloaded.

I hope this information is helpful.


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

171.8, 173.31 (g), 174.67

Regulation Sections

Section Subject
§ 173.31 Use of tank cars