Interpretation Response #18-0032
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: INEOS Phenol
Individual Name: David Rodgers
Location State: AL Country: US
View the Interpretation Document
Response text:
October 11, 2018
David Rodgers
Environmental, Safety & Health Manager
INEOS Phenol
7770 Rangeline Road
Theodore, AL 36582
Reference No. 18-0032
Dear Mr. Rodgers:
This letter is in response to your February 28, 2018, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to tank car loading and unloading. Specifically, you describe a fenced-in rail loading facility that has a steel chain link gate across the track and a blue sign (i.e., blue flag) indicating “Stop Men Working Ahead” and ask if it meets the intent of § 173.31(g).
The intent of § 173.31(g) is to provide a positive means of preventing rail equipment from attaching to or moving the rail cars when it is unsafe to do so. It is the opinion of this Office that the facility as described in your email would not meet the requirements of § 173.31(g) because a chain-link gate will not stop or divert the momentum of rail equipment and, thus, would not provide an equivalent level of safety to the methods described in § 173.31(g)(1).
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
T. Glenn Foster
Chief, Regulatory Review and Reinvention
Standards and Rulemaking Division
173.31(g), 173.31(g)(1)
Regulation Sections
Section | Subject |
---|---|
173.31 | Use of tank cars |