{"operation":"document","citation":"14-0092","title":"Mr. Ben Sweat — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-07-15","effective_on":null,"summary":"14-0092 concerning 173.31.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0092.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0092.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0092","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2014/140092.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMaterials Safety\nPipeline and Hazardous\nAdministration\nJUL 1 5 2014\nMr. Ben Sweat\n3939 N. Webb\nWichita, KS 67226\nRef. No.: 14-0092\nDear Mr. Sweat:\nThis is in response to your email dated May 8, 2014, requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) relating to the § 173.31(g) requirements\nfor the use of rail tank cars. You describe the process used by your facilities to load tank cars,\nwhereby a string of railcars are connected to a facility operated trackmobile or motorized\nrailcar mover throughout the loading process. The trackmobile is used to position each set of\none or two tank cars in the string for loading.\nYou ask if the § 173.31(g)(1) requirement that access to the track must be secured to prevent\nentry by other rail equipment, including motorized service vehicles, applies to facility\noperated motorized vehicles such as the trackmobile used as described. You also ask if the\ntrackmobile needs to be disconnected from the from the tank cars during loading and\nunloading operations.\nBased on the information provided, it is the opinion of this office that the intent of § 173.31(g)\nis to warn rail crews of the general rail transportation system of the status of a particular rail\ncar or series of rail cars on a facility's rail system, and prevent them from attaching to or\nmoving the rail cars when it is unsafe to do so. This regulation is not intended to apply to\nfacility operated motorized vehicles that are being used to move and position tank cars in\nsupport of loading and unloading operations. Further, § 173.31(g) does not address whether\nsuch facility operated motorized vehicles may remain connected to tank cars during loading or\nunloading operations.\nI trust this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\nShaCkey\nShane C. Kelley\nActing International Standards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nBabich\n§173.31 (9) 1)\nDrakeford, Carolyn (PHMSA)\nTank\nCars\nSent:\nFrom:\nINFOCNTR (PHMSA)\nTo:\nDrakeford, Carolyn (PHMSA)\nThursday, May 08, 2014 5:13 PN\n14-0092\nSubject:\nFW: Clarification Request for 49 CFR 173.31(g)(1)\nHi Carolyn,\nThis caller requested we submit this e-mail as a formal letter of interpretation. He previously spoke with Michael\nStevens in the HMIC on 5/8/14.\nThanks,\nVictoria\nFrom: Ben Sweat [mailto:bensweat@poetep.com]\nSent: Thursday, May 08, 2014 4:30 PM\nTo: INFOCNTR (PHMSA)\nSubject: Clarification Request for 49 CFR 173.31(g) (1)\nAs discussed on the phone with Mike from the Hazardous Materials Information Center on May 8, 2014, I would like to\nrequest an official interpretation of 49$173.31(g)(1) as it pertains to motorized service vehicles operated by facility\npersonnel. Our facilities produce and load fuel ethanol into railcars through loading equipment that can fill either one or\ntwo railcars at one time. Typically, the facilities will leave a string of railcars connected to a trackmobile or similar\nmotorized railcar mover through the loading process. Once each set of railcars is loaded, disconnected from the loading\nequipment, sealed and inspected, the railcars are indexed with the trackmobile to position the next set of cars for loading.\nOur specific question: Do the regulations under 49§173.31(g) apply to the facility operated motorized service vehicle\n(trackmobile) in this example? Do facility operated motorized service vehicles need to be disconnected from tankcars\nduring loading and unloading operations?\nThe regulation states: Each hazmat employee who is responsible for loading or unloading a tank car must secure access to\nthe track to prevent entry by other rail equipment, including motorized service vehicles. Derails, lined and locked switches,\nportable bumper blocks, or other equipment that provides an equivalent level of security may be used to satisfy this\nrequirement.\nWe believe the regulations do not apply to the facility operated motorized service vehicle in this example based on\nlanguage in PHMSA interpretation 13-0055, PHMSA interpretation 05-0129 and the increased risk to facility and railroad\npersonnel that could be created by disconnecting this equipment during loading operations.\nPHMSA interpretation 13-0055: Further, the Federal Railroad Administration (FRA) and PHMSA want to assure that, at the\npoint of physical interface between the general system of rail transportation and the facility rail system, rail crews do not\nmake inappropriate assumptions about the status of a particular rail car or series of rail cars and attempt to move cars\nthat are attached to facility storage tanks or manufacturing processes, thereby endangering rail crew safety or adversely\naffecting movement along the general system of rail transportation. Based on this interpretation, we believe the intent of\nthe regulation is to protect railroad personnel from attempting to move a railcar in the loading process. By applying this\nregulation to the facility operated motor vehicle, the plant would be required to place the derails, blue flag and other\n1\n\n<<<PAGE 3>>>\n\nwarning systems between the facility operated motor vehicle and the tankcars being loaded. This process would likely\nobscure the regulated warning systems from the rail crews and create a higher risk scenario for all involved. Therefore,\nwe believe the regulation intends to create a warning and barrier between railroad operated equipment and facility\noperated equipment to protect railroad personnel.\nPHMSA interpretation 05-0129: Thus, as stated in the October 30 final rule, \"requirements related to the protection of\ntrain and engine crews operating within a shipper or consignee facility, such as posting warning signs, setting hand brakes,\nand blocking the wheels of hazardous materials tank cars placed for unloading would continue to apply\" (68 FR\n61918). This interpretation also demonstrates the intent of the regulation to protect railroad personnel from attempting\nto move a railcar in the loading process and does not appear to apply to facility operated equipment.\nIncreased risk to facility personnel: We believe disconnecting the facility operated motor vehicle from the tankcars during\nthe loading process would increase risk to facility personnel due to the unnecessary increase in connecting and\ndisconnecting railcars from the motorized vehicle, as well as the increased movement and application of blue flags at the\nonset and completion of loading for each set of railcars in the connected string. We also believe that the facility operated\nmotorized vehicle could provide an additional visual deterrent behind the blue flags and derail to warn the railroad\npersonnel to avoid the connected railcars.\nBased on the above and our phone discussion with the Hazardous Materials Information Center, we would like an official\ninterpretation of this regulation as it pertains to facility operated motorized service vehicles.\nThank you,\nBen Sweat\nWichita, KS 67226\n3939 N. Webb\nF/316.267.1071\nP/316.303.1385\npoetep.com\nintended recipients) only and contains information that may be legally privileged, confidential, trade secret, proprietary in\nConfidentiality Notice: The information contained in this e-mail message, including any attachments, is for use by the\nnature or copyrighted under applicable law. If you are not the intended recipients), you are hereby formally notified that\nin whole or in part, is strictly prohibited. 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