1 The transfer of a Class I flammable liquid between a tank car located on the right-of-way of a railway subject to the jurisdiction of the Commission and any vessel other than a permanently installed storage tank of sufficient capacity to receive the entire contents of the tank car is prohibited by sections 73.432 and 74.560 of the Regulations for the Transportation of Dangerous Commodities by Rail and section 45 of these Regulations. However, it is recognized that under certain circumstances temporary relief from compliance with these requirements is in the public interest and may be granted without jeopardizing the safety standards.
2 The prerequisites for obtaining permission to transfer a Class I flammable liquid between a tank car and a vessel other than a permanently installed storage tank are as follows:
(a) except as provided in paragraphs (b) to (d), the direct transfer of a Class I flammable liquid between a tank car and a vessel other than a permanently installed storage tank shall comply in all respects with the requirements of these Regulations;
(b) the requirements of Part III of these Regulations pertaining to storage tanks are waived;
(c) notwithstanding the distance requirements of Part II of these Regulations, the distance between the transfer connection of a tank car and a building or place shall not be less than the following:
(d) notwithstanding the application requirements of Part I of these Regulations, drawings need not accompany applications requesting approval for periods which do not exceed six months if, in addition to providing the information requested in paragraphs (e) and (f) of this Schedule, the following information is also provided:
(i) the location of the proposed transfer operation with respect to railway, town, mileage and subdivision,
(ii) evidence that the fire prevention authority with jurisdiction in the surrounding area has no objection to the proposal, and
(iii) the application shall bear a signed and dated statement reading as follows:
“This proposal complies in all respects with the conditions of approval prescribed in Schedule II of the Flammable Liquids Bulk Storage Regulations”;
(e) the applicant shall satisfy the Commission that it is not practical or reasonable to erect permanent transfer facilities and storage tanks under the prevailing circumstances, and that granting relief from compliance with the requirements of the Regulations for the Transportation of Dangerous Commodities by Rail will not create a condition of unfair competition during the period of approval with respect to the permanent storage facilities approved by the Commission and located in the same general area; and
(f) cargo tanks, drums or other vessels, which are used in the direct transfer of a Class I flammable liquid to or from a tank car, shall meet all provincial and local requirements with respect to their registration, design, construction, operation, etc.
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