DuPont Global Logistics — Hazardous Materials Safety Interpretation

Page 1s. Departmer f Transportatio Wash ngton, D.C. 20590 400 Seventh Street, S.W. Hazardous Materials Safety Pipeline and Administration MAR 20 2C07 Mr. Kevin M. Greene Hazardous Materials Ref. No. 06-0198 Distribution Consultant DuPont Global Logistics Axis, P.O. Box 525 Alabama 36505 Dear Mr. Greene: This responds to your letter requesting clarification of under the Hazardous Materials Regulations (HMR; 49 CPR tank car loading and unloading signage requirements Parts 171-180). signs placed either on the tracks or tank cars as specified Specifically, you ask whether caution in $ 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 requirement in both sections of the HMR is that adequate satisfy the requirements in § 173.31(g) (2). The underlying 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 anywhere within the vertical plane of the gauge of the commonly understood among railroaders to mean As a general rule, the usual way to comply with he car and the open end of the track and to have a siar either paragraph is to place a derail on the track betweer hanging on a pole extending upward from the derail that 73.31 a. 74. 67(a)4 060198#

Page 2serves as the caution sign. We will correct the inconsistency of the language in § 173.31(g) (2) in a future rulemaking. we can be of further assistance. I trust this satisfies your inquiry. Please contact. us if Sincerely: Hall Al! Hattie L. Mitchell Chief, Office of Hazardous Materials Standards Regulatory Review and Reinvention#

Page 3Aug. 28.2006 5:35AM dupont Nc. 0424 P. 1 AuB. 4. 2006 12:11AM dupont stevens No. 0407 P. 1 §173.31 (g) 2) $174.67 (a) 4) Tankar Unloading Ale agai DuPont Global Logistics «UPOND 06-0198 DuPont Global Logistics August 2, 2006 Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards 400 7"" Strect S. W. U.S. DOT/PHMSA (PHH-10) Washington, DC 20590-0001 Request for interpretation concerning the placement of caution signs prior to tank car loading and Dear Mr. Mazzullo: FR 51906; October 30, 2003). Prior to HM223, placement of caution signs were addressed in 174.67(a)(3) Spectically, I request clarification of 173.31(g)(2) and 174.67(a)(4) as revised under Docket HM223 (68 proaching the cars from the open end of a siding and must be left up until after the cars are unraded a id read "Caution signs must be so placed on the track or cars to give necessary warning to perso unloading equipment". placed on the track or of the tank car to warn persons approaching the cars from the open end of the track With that said, when performing tank car load and unloading under 173.31(g)(2), if the caution signs are it tek) for catchese placeding of is one as in sade ace erse end be requirement in. I hope this information is helpfu). Please contact me if you require additional assistance. Hazardous Materlals Distribution Consultent Kevin M. Greene P.O.Box 525 Dupon: Global Logistics Axis, Alabama 36505 Fax: (302) 355.2888 Phone: (251) 679.5330 Kevin.m.greene@usa.dupont.com#