Ferreilgas — Hazardous Materials Safety Interpretation

Page 1S. Departme Transportatic Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Hazardous Materials Safety Administration MAY 31 2006 Mr. Ross Warnell Technical Standards and Procedures Manager Ref. No.: 06-0058 Ferrellgas Liberty, MI 64068 One Liberty Plaza Mr. Warnell: This is in response to your letter requesting clarification of tank car unloading requirements 180). Specifically, you ask if a steel gate or a steel locking arm may be used to satisfy provided in § 173.31(g) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- § 173.31(g)(1), requiring the unloader to secure access to the track to prevent entry by other rail equipment. In accordance with § 173.31(g)(1), examples of devices capable of securing access to the track and preventing entry by other rail equipment would be derails, lined and blocked switches, portable bumper blocks, and other equivalent equipment. For equipment to be equivalent to those specifically mentioned by example, it must be capable of protecting the a steel gate arm or other formidable barrier capable of stopping or diverting rail equipment unloading operation by diverting or stopping rail equipment. In our opinion, a locked gate or and providing the same level of protection as a portable bumping block, derail, switch or similar device would fulfill the requirements of 173.31(g) (1). I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, Cher Smart Development Office of Hazardous Materials Standards 173-31(911) 060058#

Page 2Supko §173.31 69 1) Tark Cars Ferrellgas 06-0058 March 2, 2006 Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards 400 7th Street S.W. U.S. DOT/PHMSA (PHH-10) Washington, D.C. 20590-0001 Re: Request for written formal interpretation of 49 CFR §173.31 (g)(1) Use of tank cars. Dear Mr. Massullo: entry by other rail equipment, including motorized service vehicles. Derails, lined and 49 CFR §173.31 (g)(1) states: The unloader must secure access to the track to prevent blocked switches, portable bumper blocks, or other equipment that provides an equivalent level of security may be used to satisfy this requirement. gate is kept locked at all times except when rail cars are scheduled to be switched. Does Some of my locations have fenced-in rail sidings with a gate across the tracks. This this or a locking steel gate arm meet the requirements? Please furnish me with a written interpretation. You may reach me by telephone at 816- 792-6998 or by e-mail at rosswarnell@terrellgas.com Warnedl _Ross Warnell Technical Standards and Procedures Manager EXCEPTIONAL ENERGY PROPANE One Liberty Plaza • Liberty, Missouri 64068 • Telephone: 816-792-1600#