Interpretation Response #06-0198
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Mar 20, 2007
Mr. Kevin M. Greene Reference No. 06-0198
DuPont Global Logistics
P.O. Box 525
Axis, Alabama 36505
Dear Mr. Greene:
This responds to your letter requesting clarification of the tank car loading and unloading signage requirements under the Hazardous Materials Regulations (HMR; 49 C Parts 171-180) Specifically, you ask whether caution signs placed either on the tracks or tank cars as specified n § 174.67(a) (4) would satisfy the requirement in § 173.31(g) (2) that specifies that caution signs must be placed between the rails.
The answer to your question is yes. We did not intend to restrict placement of caution signs in § 173.31(g). You may place caution signs on the track or the tank car to satisfy the re in § 173.31(g) (2). T underlying requirement in both sections of the HMR is that adequate warning be given to persons operating equipment that might, if it struck the end of a car being loaded or unloaded, cause personal injury. Placing caution signs between the rails does not preclude placing them on the car; “between the rails” is commonly understood among railroaders to mean anywhere within the vertical plane of the gauge of the track. As a general rule, the usual way to comply with either paragraph is to place a derail on the track between the car and the open end of the track and to have a sign hanging on a pole extending upward from the derail that serves as the caution sign. We will correct the inconsistency of the language in § 173.31(g) (2) in a future rulemaking.
I trust this satisfies your inquiry. Please contact us if we can be of further assistance.
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
|§ 174.67||Tank car unloading|