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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #16-0083 ([NGL Crude Logistics, LLC.] [Mr. Don Robinson])

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

Interpretation Response Details

Response Publish Date:

Company Name: NGL Crude Logistics, LLC.

Individual Name: Mr. Don Robinson

Location State: TX Country: US

View the Interpretation Document

Response text:

October 5, 2016

Mr. Don Robinson
Executive Vice President
NGL Crude Logistics, LLC
Brookhollow Central II
2900 North Loop West
Suite 1250
Houston, TX  77024

Reference No. 16-0083

Dear Mr. Robinson:

This letter is in response to your May 10, 2016, letter and email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to loaded tank cars containing crude oil and consigned to private track for temporary storage.  Specifically, you seek confirmation of your understanding that the provisions prescribed in § 174.304 do not prohibit the rail transportation of loaded crude oil tank cars to a private track for temporary storage, where the tank cars will eventually be transported via a second rail movement to the end-user.  

Your understanding is correct.  It is the opinion of this Office that § 174.304 does not apply to the temporary storage of a loaded tank car containing a Class 3 (flammable liquid) on private track (see § 171.8) for the eventual transportation to its final destination.  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.  Furthermore, the HMR do not apply to storage of a rail car on a private track (see § 171.1(d)(3)).

I hope this information is helpful.  Please contact us if we can be of further assistance.


T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division

174.304, 171.8, 171.1(d)(3)

Regulation Sections

Section Subject
171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions
171.8 Definitions and abbreviations
174.304 Class 3 (flammable liquid) materials in tank cars