{"operation":"document","citation":"18-0032","title":"INEOS Phenol — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2018-10-11","effective_on":null,"summary":"18-0032 response to INEOS Phenol concerning 173.31.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0032.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0032.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0032","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/69486/180032.pdf","body":"<<<PAGE 1>>>\n\n0\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nOCT 1 1 2018\nDavid Rodgers\nEnvironmental, Safety & Health Manager\nINEOS Phenol\n7770 Rangeline Road\nTheodore, AL 36582\nReference No. 18-0032\nDear Mr. Rodgers:\nThis letter is in response to your February 28, 2018, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to tank car loading\nand unloading. Specifically, you describe a fenced-in rail loading facility that has a steel\nchain-link gate across the track and a blue sign (i.e., blue flag) indicating \"Stop Men Working\nAhead\" and ask if it meets the intent of§ 173 .31 (g).\nThe intent of§ 173.3 l(g) is to provide a positive means of preventing rail equipment from\nattaching to or moving the rail cars when it is unsafe to do so. It is the opinion of this Office that\nthe facility as described in your email would not meet the requirements of § 173 .31 (g) because a\nchain-link gate will not stop or divert the momentum of rail equipment and, thus, would not\nprovide an equivalent level of safety to the methods described in§ 173.3 l(g)(l ).\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\n~~\nr;7Y,-4. ~ V\n- ~~----\nT. Glenn Foster\nChief, Regulatory Review and Reinvention\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nWuk.k)tt\n\\73. \"31 (3'x \\)\n¾-uo~\nJanuary, lkeya CTR (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nAttachments:\nINFOCNTR (PHMSA)\nThursday, March 01, 2018 12:03 PM\nHazmat Interps\nFW: Request for letter of interpretation\nINEOS Letter 2-27-2018.pdf\nHello all,\nPlease see the attached letter of interpretation. I spoke to the requester, and letters that have already been published\ndid not satisfy their request.\nRegards,\n-Breanna\nFrom: Rodgers, David [mailto:David.Rodgers@ineos.com]\nSent: Wednesday, February 28, 2018 8:11 AM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Request for letter of interpretation\nPlease see the attached letter.\nRegards,\nDavid Rodgers\n1\n\n<<<PAGE 3>>>\n\nINECC)S Phenol\nINEOS Phenol\nA division of INEOS Americas LLC\n7770 Rangeline Road\nTheodore, AL 36582\nInfocntr@dot.gov\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\nRE: Request for written formal interpretation of 49 CFR 173.3 l(g)(l) Use of tank cars\nTo Whom It May Concern,\n49 CFR l 73.3l(g)(l) states: \"Each hazmat employee who is responsible for loading or unloading a tank car must secure\naccess to the track to prevent entry by other rail equipment, including motorized services vehicles. Derails, lined and locked\nswitches, portable bumper blocks or other equipment that provides an equivalent level of security may be used to satisfy\nthis requirement\".\nThe INEOS Phenol location in Theodore Alabama has a dedicated fenced- in rail loading facility with a gate across the\ntrack entering the fenced-in rail loading facility. This steel gate is kept closed at all times except when marshalling rail cars\nto and from the fenced-in rail loading facility. The gate contains a blue flagged sign indicating \"Stop Men Working Ahead\"\nfor approaching other rail equipment outside the gated fence surrounding the loading facility.\nINEOS Phenol is requesting a written interpretation that our blue flagged closed steel gate provides an equivalent level of\nsecurity to satisfy the intent of 49 CFR 173.3 l(g)(l). If you should need any further information, please feel free to contact\nme by phone or email.\nSincerely,\n0~-\nDavid Rodgers\nEnvironmental, Safety & Health Manager\nINEOS Phenol\n(251) 443-3115\nDavid.rodgers@ineos.com","truncated":false,"body_characters":3675}