Interpretation Response #10-0104
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
July 28, 2010
Mr. Edwin McIntyre
Health and Safety Manager
854 North Main Street
Calvert City, KY 42029
Ref. No.: 10-0104
Dear Mr. McIntyre:
This responds to your May 4, 2010 letter and telephone conversation with a member of my staff regarding the requirements for unloading hazardous materials from rail tank cars under the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180). Specifically, you ask whether the electronic monitoring system you describe in your letter would be adequate to meet the requirements of § 174.67(i) and electronic rail car unloading monitoring outlined in a formal interpretation of the regulations, 87-4-RSPA. The unloading process monitored by the system you described in your letter occurs after the rail tank car has been delivered to the consignee.
The requirements in § 174.67 apply to transloading operations only. Transloading is the transfer of a hazardous material 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 (see § 171.8).
The requirements in § 174.67 do not apply to rail tank car unloading operations performed by consignee personnel after delivery of the tank car. However, the general requirements in § 173.31 for transporting hazardous materials in tank cars, including tank car loading and unloading requirements apply even when those operations are conducted by consignee personnel.
I hope this answers your inquiry. If you have further questions, please do not hesitate to contact this office.
Charles E. Betts
Chief, Standards Development
Office of Hazardous Materials Standards
|§ 173.31||Use of tank cars|