Interpretation Response #08-0232 ([Mr. Lawrence Bierlein])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name:
Individual Name: Mr. Lawrence Bierlein
Location State: DC Country: US
View the Interpretation Document
Response text:
November 7, 2008
Mr. Lawrence Bierlein
1101 30th Street, NW, Suite 500
Washington, DC 20007
Ref. No. 08-0232
Dear Mr. Bierlein:
This responds to your September 24, 2008 email requesting clarification of the applicability of § 174.304 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether this provision rules out the operation of a transloading facility on the property of a rail carrier where lading is transloaded to other packaging (e.g., a cargo tank motor vehicle) for further transportation to its final destination.
The answer is no. It is the opinion of this Office that § 174.304 does not apply to the operation of a transloading facility as you describe. Section 174.304 prohibits the transportation of a rail tank car containing a Class 3 (flammable liquid) material unless it is originally consigned or subsequently consigned to a party meeting the conditions established in the section. This section is intended to apply to unloading operations at the facility that is the final destination for the material. The conditions established in § 174.304 are not applicable to operations of a transloading facility on the property of a rail carrier where the material is transferred to other packaging for further transportation to the final destination.
I hope this information is helpful. Please contact us if you require additional assistance.
Sincerely,
Susan Gorsky,
Acting Chief, Standards Development
Office of Hazardous Materials Standards
174.304
Regulation Sections
| Section | Subject |
|---|---|
| 174.304 | Class 3 (flammable liquid) materials in tank cars |