{"operation":"document","citation":"06-0278","title":"National Transportation Safety Board — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-03-29","effective_on":null,"summary":"06-0278 response to National Transportation Safety Board concerning 174.85.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0278.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0278.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0278","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060278.pdf","body":"<<<PAGE 1>>>\n\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nipeline and\nAdminists Materials Safely\nMAR 2 9 2007\nEd B. Dobranetski, P.E.\nReference No. 06-278\nLet antin sacy Bond\n490 L'Enfant Plaza, RPH-10\nWashington, DC 20.594\nDear Mr. Dobranetski:\nThis is in response to your recent letter to Dr. Robert M. McGuire, former Associate\nAdministrator for Hazardous Materials Safety, Pipeline and Hazardous Materials Safety\nof the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) for unit trains\nAdministration. You ask us to clarify the train placement requirements prescribed in§ 174.85\nconsisting of placarded amounts of hazardous materials.\nSection 174.85(d) specifies requirements for positioning placarded rail cars in a train. For\nplacarded car to be no nearer than the sixth car from the engine or occupied caboose when\nPlacard Group 2 materals, including Class 3 materals such as ethanol, this section requires a\ntrain length permits. This requirement applies so long as there are sufficient non-hazardous\nmaterials rail cars within the standing train consist to fulfill the requirement. The regulations\ndo not require railroads to change business or operating decisions concerning the number and\ntypes of cars placed in the train.\nWhen train length does not permit placement of a placarded car no nearer than the sixth car\ntrain, but not nearer than the second car from the engine or occupied caboose. This ensures\nfrom the engine or occupied caboose, the placarded car must be placed near the middle of the\nthat placarded tank cars are placed an equal distance from the occupied locomotive and the\noccupied caboose, thus providing the same level of safety to all crew members\nThe \"middle of the train\" requirement applies so long as the caboose is occupied and there are\nsufficient non-hazardous materials cars available in the train consist, without the railroad\nhaving to gather additional cars that may or may not be available or otherwise deviate from\nin place of a caboose has, for all intents and purposes, rendered the \"middle of the train\"\nnormal business practices. However, the almost universal use of a rear end telemetry device\nrequirement obsolete, except in those rare instances where the use of an occupied caboose is\nIf there are not sufficient non-hazardous cars located within the train consist, as is the case for\nmust never be nearer than the second car from the occupied locomotive or occupied caboose.\nunit trains of tank cars of Placard Group 2 hazardous materials, the loaded placarded tank cars\n174.85(d)\n060278\n\n<<<PAGE 2>>>\n\nThis is the only federal requirement mandating the addition of non-hazardous cars that may\nnot have been scheduled for the train, since it is a minimum standard for crew protection.\nI hope this information is helpful.\nSincerely,\nEdward T. Mazzullo\nyamara?. Mazzullo\nDirector, Office of Hazardous\nMaterials Standards\n2\n\n<<<PAGE 3>>>\n\nNational Transportation Safety Board\nSMIETY BONN\nWashington, D.C. 20594\nOffice of Railroad, Pipeline. and Hazardous Materials Safety\nEdmonson\n$174.85 (d)\nRail\nDecember 6, 2006\n06-0278\nDr. Robert McGuire\nAssociate Administrator for Hazardous Materials Safety\nPipeline and Hazardous Materials Safety Administration\nRoom 8421\n400 Seventh Street, SW\nWashington, DC 20590\nDr. McGuire:\nThe Nationa! Transportation Safety Board is investigating an accident that occurred on\nOctober 20, 2006, about 10:41 P.M. eastern daylight time (EDT), when eastbound Norfolk\nSouthern Corporation (NS) Train 68QB119 derailed on a bridge over the Beaver River near\nlocomotive followed by 3 empty cars and 83 tank cars loaded with ethanol (placard 1987/class 3\nmilepost (MP) PC29.26 in New Brighton, Pennsylvania. The train comprised of a three unit\nevacuation. The train was en route from the Chicago, Illinois area to Sewaren, New Jersey. The\nflammable liquid). Twenty-three cars derailed releasing product; there was a fire and local\ntrain crew comprised of an engineer and conductor.\nTitle 49 Code of Federal Regulations Part 174.85 addressees the position of placarded\ncars in a train transporting hazardous materials; however, the railroad has advised the Safety\nBoard that this was considered to be a unit train of ethanol.\nThe restriction delineated in the\nreferenced regulation does not address a unit train of placarded tank cars containing hazardous\nmaterials.\nTo assist the Safety Board in this accident investigation an interpretation and/or\nclarification of the regulation (49CFR174.85) would be appreciated. For example: What\nmaterials? Are unit trains of placarded tank cars of hazardous materials excluded from the\nrestrictions apply to the transportation of a unit train of placarded tank cars containing hazardous\nrestriction for single or multiple placarded cars of hazardous materials to be not \"nearer than the\nsixth car from the engine or occupied caboose?\" Was the operation of this train in compliance\n\n<<<PAGE 4>>>\n\n2\nwith the regulation, if it was please explain? If it was not in compliance is there enforcement\naction pending?\nthe investigation of this accident. If you have any questions please contact me at 202-314-6432.\nThank you in advance for your prompt response and assistance with the Safety Board in\nRespectfully,\ncaN heath\nEd B. Dobranetski P.E.\nSr. Civil Engineer\nInvestigator-In-Charge\nNational Transportation Safety Board\nRPH-10\n490 L'Enfant Plaza\nWashington, DC 20594","truncated":false,"body_characters":5391}