[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR228.105]



[Page 377]

 

                        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 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.