Interpretation Response #08-0127 ([Ecolab, Inc.] [Mr. Stephen V. Schulte])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Ecolab, Inc.
Individual Name: Mr. Stephen V. Schulte
Location State: MN Country: US
View the Interpretation Document
Response text:
June 18, 2008
Mr. Stephen V. Schulte
Eoclab, Inc.
370 Wabasha Street North
St. Paul, MN 55102
Ref. No.: 08-0127
Dear Mr. Schulte:
This is in response to your April 28, 2008 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically you ask whether an unlocked derailer meets the requirements in § 173.31(g)(1) to secure access to track to prevent entry by other rail equipment including motorized service vehicles.
In your letter, you describe a scenario in which a derailer is positioned between the railcar and a locked fence. Both Ecolab Inc. and the railroad can unlock the fence to enable the exchange of rail cars. Unauthorized individuals are unable to access the derailer by the locked fence. Ecolab Inc. retains the only key to the derailer to prevent its unauthorized removal.
Provided the derailer can perform its intended function in the unlocked position, the requirement in § 173.31(g)(1) to secure access to the track to prevent entry by other rail equipment including motorized service vehicles is satisfied.
I hope this information is helpful. Please contact us if you require additional assistance.
Sincerely,
John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards
173.31(g)(1)
Regulation Sections
| Section | Subject |
|---|---|
| 173.31 | Use of tank cars |