[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR228.105]

[Page 332-333]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 228_HOURS OF SERVICE OF RAILROAD EMPLOYEES--Table of Contents
 
          Subpart C_Construction of Employee Sleeping Quarters
 
Sec. 228.105  Additional requirements; construction within one-third mile 
(1,760 feet) (536 meters) of certain switching.

    (a) In addition to providing the information specified by Sec. 
228.103, a carrier seeking approval of a site located within one-third 
mile (1,760 feet) (536 meters) of any area where railroad switching or 
humping operations are performed involving any cars required to be 
placarded ``EXPLOSIVES A'' or ``POISON GAS'' or any DOT Specification 
112A or 114A tank cars transporting flammable gas subject to FRA 
emergency order No. 5 shall establish by a supplementary statement 
certified by a corporate officer possessing authority over the subject 
matter that--
    (1) No feasible alternate site located at or beyond one-third mile 
from switching or humping operations is either presently available to 
the railroad or is obtainable within 3 miles (15,840 feet) (4,827 
meters) of the reporting point for the employees who are to be housed in 
the sleeping quarters;
    (2) Natural or other barriers exist or will be created prior to 
occupancy of the proposed facility between the proposed site and any 
areas in which switching or humping operations are performed which will 
be adequate to shield the facility from the direct and severe effects of 
a hazardous materials accident/incident arising in an area of switching 
or humping operations;
    (3) The topography of the property is such as most likely to cause 
any hazardous materials unintentionally released during switching or 
humping to flow away from the proposed site; and
    (4) Precautions for ensuring employee safety from toxic gases or 
explosions such as employee training and evacuation plans, availability 
of appropriate respiratory protection, and

[[Page 333]]

measures for fire protection, have been considered.
    (b) In the absence of reliable records concerning traffic handled on 
trackage within the one-third mile area, it shall be presumed that the 
types of cars enumerated in paragraph (a) of this section are switched 
on that trackage; and the additional requirements of this section shall 
be met by the petitioning carrier, unless the carrier establishes that 
the switching of the enumerated cars will be effectively barred from the 
trackage if the petition is approved.