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Interpretation Response #98-0018 ([Amoco ChemicalsMs. Vickie M. Wheeler] [Ms. Vickie M. Wheeler])

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

Interpretation Response Details

Response Publish Date:

Company Name: Amoco ChemicalsMs. Vickie M. Wheeler

Individual Name: Ms. Vickie M. Wheeler

Location State: IL Country: US

View the Interpretation Document

Response text:

MAY 4, 1998

 

Ms. Vickie M. Wheeler

Amoco Chemicals
Chemical Feedstocks Business Group
Post Office Box 5206
Lisle, Illinois 60532

Dear Ms. Wheeler:

This is in response to your letter of March 13, 1998, requesting clarification of shipping paper requirements for rail (§ 174.24) in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You question whether shipping papers would be required when moving a railcar containing hazardous materials on a spur that crosses "Amoco Road," a county road.

The answer is yes. Section 171.1 discusses the purpose and scope of the HMR and specifically states that they apply to "The offering of hazardous materials for transportation and transportation of hazardous materials in interstate, intrastate, and foreign commerce by rail car, aircraft, motor vehicle, and vessel (except as delegated at § 1.46(t) of this title), (except that until October 1, 1998, this subchapter applies to intrastate carriers by motor vehicle only in so far as this subchapter relates to hazardous waste, hazardous substances, flammable cryogenic liquids in portable tanks and cargo tanks, and marine pollutants)." In your situation, you are offering and transporting a hazardous material in commerce. Therefore, you may not accept or transport a hazardous material by rail unless you receive a shipping paper that properly conveys the information required by part 172 of the HMR (§ 174.24).

I hope this answers your inquiry. If you need additional assistance, do not hesitate to contact us.

Sincerely,

 

Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards

171.1

Regulation Sections

Section Subject
171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions