Interpretation Response #08-0077

Interpretation Response Details

Mr. Bob Crump
Earth Tech, Incorporated
36133 Schoolcraft
Livonia, MI 48150

Ref. No. 08-0077

Dear Mr. Crump:

This responds to your e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether the requirement in § 174.14(a) of the HMR for rail carriers to forward shipments of hazardous materials within 48 hours applies to transloading operations.

The original intent of the 48-hour rule was two-fold: (1) it was intended to prevent shippers from sending out loaded tank cars of hazardous materials without a billed destination and (2) it also was designed to prevent rail carriers from delaying delivery so that other, higher-tariffed commodities could be moved ahead of these shipments. Section 174.14 is now applied to achieve a broader public safety and security goal " that is, to reduce time in transit of hazardous materials rail cars, thereby reducing the risk of accidents, incidents, vandalism, or other safety or security related problems.

For transloading operations from rail tank cars to cargo tank motor vehicles as described in your request, § 174.14(a) does not apply. The 48-hour rule is a forwarding regulation while the shipment is in transport and does not cover delivery. (Delivery requirements are outlined in
§ 174.16). Section 174.14 (a) does not apply to intermodal transfer operations nor does it apply to highway shipments, or residue quantities.

I hope this information is helpful. Please contact this office should you have additional questions.

Sincerely,

Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards

§ 174.14

Regulation Sections