{"operation":"document","citation":"05-0109","title":"GATX Rail — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-03-27","effective_on":null,"summary":"05-0109 response to GATX Rail concerning 173.31.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0109.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0109.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-05-0109","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2005/050109.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and\nHazardous Materials Safety\nAdministrcition\nGATX Rail\nMr. Doug Mullins\nReference No. 05-0109\n500 West Monroe\nChicago, IL 60661\nDear Mr. Mullins:\nThis is in response to your letter and telephone conversation with a member of my staff\nasking how to apply the requirements prescribed in § 173.31(f)(1) and (f)(2) under the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180). This section requires a tank\ncar loaded with two or more hazardous substances listed under § 173.31(f)(2) to conform to a\nlimited design specification with greater protection in accidents. You asked about the\napplicability of this section to shipments of hazardous substances mixed with other materials,\nincluding other hazardous substances. We apologize for the delay in responding and any\ninconvenience this may have caused.\nWhen one material listed in § 173.31(f)(2) is transported in a tank car, whether alone or in\ncombination with other materials, and that one material meets the definition in § 171.8 for a\nhazardous substance, the tank car must be pressure tested to at least 13.8 Bar (200 psig) and\nbe equipped with head protection and a metal jacket (see § 173.31(f)(1)). If a tank car\ncontains more than one material listed in § 173.31(f)(2) but none of the materials is present in\nan amount that meets the definition of a hazardous substance, the tank car is not required to\nconform to the requirements in § 173.31(f)(1). A material is a hazardous substance when\ntransported in a single package in an amount that equals or exceeds the reportable quantity for\nthat material listed in Table 1 of § 172.101, Appendix A. In addition to this requirement, if\nthe material is in a mixture, it must be present in the tank car in an amount that equals or\nexceeds the corresponding concentration by weight for that material's reportable quantity.\nEach material listed in Table 1 of § 172.101, Appendix A, must be considered individually to\ndetermine whether or not it meets the definition of a hazardous substance under the HMR.\nPlease note that when transporting the hazardous substances listed in § 173.31(f)(2), the tank\ncar need not conform to the requirements in § 173.31(f)(1) if the following conditions are\nmet:\n173:31 (f)()\n050109\n173:31 (f) (2)\n\n<<<PAGE 2>>>\n\nThe tank test pressure is 23.4 Bar (340 psig) or higher, or the tank shell and heads are\nconstructed of AAR steel specification TC-128, normalized;\nA higher test pressure is required for the tank car in another section of the HMR; and,\nExcluding tank cars conforming to the scheduling and progress reporting requirements\nprescribed in § 173.31(b)(6), the tank car conforms to the requirements for transporting a\nhazardous substance in eftect on June 30, 1996, and is no longer used atter July 1, 2006.\nTank cars that comply with the § 173.31(b)(6) scheduling and progress reporting\nrequirements may continue to be used to transport hazardous substances after July 1,\n2006. See § 173.31(f)(1)(i), (Đ(1)(ii), and (f)(1)(iii).\nI hope this information is helpful.\nSincerely,\nHattie L. Mitchell, Chief\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nPage 2 ot 3\n02/23/2005 02:08 PM\nCSbragia/CHI/GATXCORP@GATXCORP, ed.mazzulo@dot.gov\nJohn Swezey/CHI/GATXCORP@GATXCORP, John\nSubject Request for Interpretation - 49CFR 173.31(D(1)\nEdmonson\n$173.31€XL\nDirector,\nNir Edward Mazzulo,\nHazardous Subtances\nOffice of Hazardous: Materials Standards\nPHMSA\n05-0109\nDear Mr. Mazzulo,\nPlease provide an interpretation of a portion of 49CFR 173.31 (f)(1) as detailed below. We at GATX Rail are\npreparing a letter to be sent to our customers explaining these requirements.\n49C:FR 173.31(f)(2), would the higher standard tank car requirement in 49CFR 173.31(f)(1) apply. It seems as if\nIn particular, we need to know at what concentration or mass of one or more hazardous substances listed in\nthe threshold limit for transport in a tank car is either (a) the reportable quantity shown in Appendix A to 172.101\nboth requirements must be met to achieve a threshold. The question applies for a single hazardous substance\nor (b) the concentration by weight as shown in the definition of hazardous substance in 49CFR 171.8. Possibly\nlisted in 49CFR 173.31(f)(2) when mixed with substances other than those listed there. The question also\napp ies to multiple hazardous substances listed in 49CFR 173.31(f)(2) with individual masses or concentrations\ndifterent RQs in the same car.\nbelow the threshold but with combined masses or concentrations above a threshold. Consider mixtures with\nReferences:\n49 CFR 173.31\n49CFR 173.31(f)(1)\n(1) Special requirements for hazardous substances. (1) A tank\ncar used for a hazardous substance listed in paragraph (f(2) of this\nsection must have a tank test pressure of at least 138 Bar (200 psig),\n(1) No metal jacket is required if-\nhead protection and a metal jacket, except that-\n(B) The tank shell and heads are manufactured from AAR\n(A) The tank test pressure is 23.4 Bar (340 psiq) or higher; or\nsteel specification TC-128, normalized;\n(i) 4 higher test pressure is required if otherwise specified in this\nsub chapter; and\ntank car which does not conform to the requirements of this\n(i) *ther than as provided in paragraph (b)(6) of this section, a\nparz graph (f)(1), and was authorized for a hazardous substance\nunder the regulations in effect on June 30, 1996, may\ncominue in use until July 1,2006.\n49CFR 17:8 Definitions and Abbreviations\nHazac ous substance for the purposes of this subchapter, means\na material, incluling its mixtures and solutions, that--\n: 1; Is listed in the appendix A 1o §172.101 of this subchapter;\n4/28.2005\n\n<<<PAGE 4>>>\n\nPage 3 of 3\n2) Is in a quantity, in ore package, which equals or exceeds the\nreportable quantity (RQ: listed in the appendix A to §172.101 of this\n(3) When in a mixture or solution-\nst bchapter; and\n(i) For radionuclides, conforms to paragraph 7 of the appendix A\nto §172.101.\n(1) For other than radion clides, is in a concentration by weight\nwtich equals or exceeds the concentration corresponding to\nthe FiQ of the material, as shown in the following table:\nRC pounds (kilograms)\nConcentration by weight\nPercent\nPPM\n5000(2270)\n. 10\n10C0 (454)\n2\n20,000\n100,000\n10C (-15.4) .\n0.2\n2,000\n1014.54)\n0.02\n200\n1 (C.454)\n0.002\n20\nThe term does not include petroleum, including crude oil or\nany fraction hereof which is not otherwise specifically listed or\ndesigrated as a hazardous substance in appendix A to\n§172.101 of this subchapter, and the term does not include\nnatural gas, natural gas liquids, liquefied natural gas, or synthetic\ngas usable for fuel (or mixtures of natural gas and such\nsyrt retic gas).\nThank you\nDoug Mullins\nGA\"* Rail\nPh. 312-621-6669\nChicago\nFax 3: 2-499-7611\n4/28/2005\n\n<<<PAGE 5>>>\n\nPage 1 of 3\nDrakeford, Carolyn <PHMSA>\nFrom:\nMazz illo, Ed <PHMSA>\nSent:\nThursday, April 28, 2005 2:37 PM\nTo:\nDrakeford, Carolyn <PHMSA>\nSubject: FW: Request for Interpretation - 49CFR 173.31(f(1)\nas far as i can tell\nFlease assign for response and have the specialist call or email Mr. Mullins. Neither of his prior emails got to me\n=d\nF-om: douglas.mullins@gatx.com [mailto:douglas.mullins@gatx.com]\n*----Original Message-----\nSant: Wednesday, April 27, 2005 5:18 PM\nSubject: Fw: Request for Interpretation - 49CFR 173.31(f)(1)\nTo: Mazzullo, Ed <PHMSA>\nMr. Mazzulo,\nYou may not have received the following message of March 23. Please confirm that you have received this\nmessage.\nPlease also advise when we can expect a response.\nTrank you.\nDo ig Mullins\nGATX Rail\nCh cago\nPh 312-521-6669\nFa:: 312-409-7611\n..... Forwarded by Douglas Mullins/CHI/GATXCORP on 04/27/2005 04:12 PM -....\nDicuglas Mullins/CHI/GATXCORP\nTo ed.mazzullo\"@dot.gov\n03. 23/2005 02:51 PM\ncc l\nSubject Fw: Request for Interpretation - 49CFR 173.31(0(1)\n..... Forwarced by Douglas Mullins/CHI/GATXCORP on 03/23/2005 02:51 PM -\nCouglas Mullins/CHI/GATXCORP\nTo smtp:ed.ma.zzulo@dot.gov\n4/28/2005","truncated":false,"body_characters":8036}