Ecolab, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave.. S.E. Washington, DC 20590 Mr. Stephen P. Schulte Eoclab, Inc. 370 Wabasha Street North St. Paul, MN 55 102 Ref. No.: 08-0127 Dear Mr. Schulte: This is in response to your April 28,2008 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171 -1 80). Specifically you ask whether an unlocked derailer meets the requirements in 5 173.3 1 (g)(l) to secure access to track to prevent entry by other rail equipment including motorized service vehicles. In your letter, you describe a scenario in which a derailer is positioned between the railcar and a locked fence. Both Ecolab Inc. and the railroad can unlock the fence to enable the exchange of rail cars. Unauthorized individuals are unable to access the derailer by the locked fence. Ecolab Inc. retains the only key to the derailer to prevent its unauthorized removal. Provided the derailer can perform its intended function in the unlocked position, the requirement in 6 173.3 1 (g)(1) to secure access to the track to prevent entry by other rail equipment including motorized service vehicles is satisfied. I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, Chief, Standards Development Office of Hazardous Materials Standards#

Page 2ECQLAB" STEPHEN V. SCHULTE, DGSA Director, Global 1 -3') r, z+ j-, . , Lui..!,,: , L,i;l' Transportation Compliance ' !J-f Law & Regulatory Affa~rs C3 H,y.z T ~ L krs T 651.293.4348 i -5 3: 1 0 8 - 0 1 x 1 F 651.225.3122 April 28,2008 Via Certified Mail - Return Recei~t Requested U.S. Department of Transportation Office of Hazardous Materials Safety Office of Hazardous Materials Standard PHH-10 ATTN: Mr. Edward Mazzullo 1200 New Jersey Avenue, SE Building, 2nd Floor Washington, DC 20590 RE: Request for Letter of Interpretation 49 CFR 173.31(9)(1) Dear Mr. Mazzullo: Ecolab Inc. is writing to inquire whether 49 CFR 173.31 (g)(1) requires a derailer to be locked to the track. 49 CFR 173.31 (g)(1) specifically states, "Each hazmat employee who is responsible for loading or unloading a tank car must secure access to the track to prevent entry by other rail equipment, including motorized service vehicles. Derails, lined and locked switches, portable bumper blocks, or other equipment that provides an equivalent level of security may be used to satisfy this requirement." In the specific case in question, the derailer sits between the railcar and a locked fence. Both Ecolab and the railroad can unlock the fence to enable change-out of railcars. Unauthorized individuals are prevented from accessing the derailer up to the locked fence. Ecolab has the only key to the derailer, which prevents the railroad from unauthorized removal. Ecolab believes that this meets the intent of 49 CFR 173.31(9)(1). Is that correct, or is the intent of 49 CFR 173.31 (g)(l) to require that the derailer be locked? The regulation is very vague and does not clearly state the need for a locked derailer. Please direct any questions regarding this request to my attention. Sincerely, / - Stephen V. Schulte, CHMM, CPP, DGSA 370 Wabasha Street North St. Paul, MN 55102#