{"operation":"document","citation":"08-0010","title":"D.B. Western, Inc. - Texas — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-03-05","effective_on":null,"summary":"08-0010 response to D.B. Western, Inc. - Texas concerning 173.120, 173.150, 179.13.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0010.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0010.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0010","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080010.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMAR 0 5 2223\n1200 New Jersey Ave.. S.E\nWashington. DC 20590\nMr. Phil Johnson\nD.B. Western, Inc. - Texas\n125 1 1 Strang Road\nLaPorte, TX 77572\nRef. No. 08-0010\nDear Mr. Johnson:\nThis is in response to your December 26,2007 letter to Mr. Don Burger of the Pipeline and\nHazardous Materials Safety Administration's (PHMSA's) Office of Hazardous Materials\nSpecial Permits and Approvals, and January 9,2008 telephone conversation with a member of\nmy staff concerning the shipment of a flammable liquid in a 286,000-pound rated tank car\nunder the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1 - 180). Your letter was\nforwarded to PHMSA's Office of Hazardous Materials Standards for reply.\nYou state your company, a chemical manufacturer, plans to move its plant to a new location\nand would like to use a 286,000 pound, gross weight limitation (GWL) rated tank car to\ntransport a new product it is developing with a high methanol content that may meet the\ndefinition of a flammable liquid. We have paraphrased your questions and answered them in\nthe order posed in your letter.\nQ1. If a flammable liquid product is shipped in a 286,000-pound rated tank car, is it correct.\nthat the use of a Class DOT-1 11 tank car must be authorized by PHMSA under the\nterms of a special permit?\nAl. Assuming your product is a Class 3 (flammable liquid), PG I1 material, $ 173.242 of\nthe HMR authorizes the use of Class DOT-1 03, DOT-1 04, DOT-1 05, DOT- 109,\nDOT- 1 1 1, DOT- 1 12, DOT- 1 14, DOT- 1 15, and DOT- 120 tank cars. Of these tank\ncars, Class DOT-105, DOT-1 11, and DOT-1 12 tank cars of the requested weight have\nbeen authorized for use under the terms of a PHMSA-issued special permit. Please\nnote that 5 179.13 requires that any tank cars built after November 30, 1970, must not\nexceed 34,500 gallons capacity or 263,000 pounds gross weight on rail. Any\ndeviation from these limitations must be authorized under the terms of a special permit\nissued by the Associate Administrator for Hazardous Materials Safety, PHMSA.\nQ2. What is this permit called and where do we locate the information on how to apply for\nit and what it costs?\nA2. A \"special pennit\" is defined in 171.8 and its requirements are prescribed in 49 CFR\nPart 107, Subpart B. The application procedures are prescribed in 5 107.105. An\n\n<<>>\n\napplicant must submit an application and supporting documentation, as well as any\nadditional information or materials we request to process the application. This agency\ndoes not charge any processing fees for special permits.\nQ3. What are the limits for what is considered a flammable liquid and what is not?\nA3. The defining criteria for a Class 3 (flammable liquid) material are prescribed in\n5 173.120(a) and are as follows:\nA liquid having a flashpoint of not more than 60 \"C (140 OF), or\nAny material in a liquid phase with a flash point at or above 37.8 \"C (100 OF) that\nis intentionally heated and offered for transportation at or above its flash point in a\nbulk packaging.\nA combustible liquid is also a Class 3 material. Its defining criteria are prescribed in\n5 173.120(b) and are as follows:\nAny liquid that does not meet the definition of any other hazard class specified in\nthe HMR and has a flash point above 60 \"C (140 OF) and below 93 OC (200 OF).\nA flammable liquid with a flash point at or above 38 \"C (100 OF) that does not\nmeet the definition of any other hazard class may be reclassed as a combustible\nliquid. This provision does not apply to transportation by vessel or aircraft, except\nwhere other means of transportation are impractical. An elevated temperature\nmaterial that meets the definition of a Class 3 material because it is intentionally\nheated and offered for transportation or transported at or above its flash point may\nnot be reclassed as a combustible liquid.\nA combustible liquid that does not sustain combustion when tested using either\ntest method specified in American Society for Testing and Materials (ASTM)\nstandard D 4206 (see 5 171.7), or the procedure in Appendix H of 49 CFR Part\n173 when heated under test conditions and exposed to an external flame source, is\nnot subject to the HMR as a combustible liquid.\nAdditional requirements for classifying or excepting a material as a flammable liquid\nare prescribed in $6 173.120 and 173.150, and the requirements for assigning a\nPacking Group to a flammable liquid are prescribed in 5 173.121.\nI hope this satisfies your request.\nSincerely,\nHattie L. Mitchell, Chief\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<>>\n\nI 1251 1 Strang Road. LaPorte . TX ,77572\ni (541)-756-0533 . Fax: (541)751-8619 . r ~ t ~ i l tr tit,\\$ t . t r t . ~ . i ~ . ~ - ~ r ~ ~\nI\nI Purchasing Office\nL I\n--- --\nATT: Special Permits Information Officer\nSubject: 286,000 L b Rated T a n k Cars\nW e are looking at the possibility o f needing to ship one o f our products\nin 286,000 Ib GWL rated tank cars.\nW e need some information on this and cannot seem to locate what we\nneed on the online services, and was recommended to your oflice by the\nmain Federal office o f information\nQuestion: W e are given to understand that if a product to be shipped in\ntank cars is considered flammable, then if it is to be shipped i n 286,000\nI b rated cars, it will need to be a Class 1 11 car and require a special\npermit, is that correct.\nWhat is this permit called and where do we locate the information on\ncost o f same and the requirements for filing f o r it.\nIf a product is considered flammable and not to be shipped i n 286,000 Ib\nrated cars but only standard 263,000 Ib rated cars then docs it require\nthat they be class 11 1 cars and does it also require the permit given it\nhas the proper documentation otherwise.\nWhere is the brca k on what is considered flammable and what is not\nPlease advise via Email if possible with complete answers as we have\ntired to glean them from the information o n the W E B pages with no\nsuccess\n'Thank you\nI\n\n<<>>\n\nFrom: Gale, John \nSent: Wednesday, January 09, 2008 9 5 2 AM\nTo: Edmonson, Eileen \nCc: Burger, Donald \nSubject: FW: DOT Questions.pdf\nHere you go\nFrom: Edmonson, Eileen \nSent: Wednesday, January 09, 2008 9:51 AM\nTo: Gale, John ; Burger, Donald \nSubject: RE: DOT Questions.pdf\nSure, but where is the attached listing he is referring to? Don, do you have it?\nEileen Edmonson\nTransportation Regulations Specialist\nUSDOT, Pipeline & Hazardous Materials Safety\nAdministration\n1200 New Jersey Avenue, SE, PHH-12\nWashington, DC 20590-0001\n202-366-4481 (w)\n202-366-7435 (f)\n202-366-3753 (info ctr fax)\nhttp://hazmat.dot.qov (website)\neileen.edmonson @ dot.qov (e-mail)\nFrom: Gale, John \nSent: Wednesday, January 09, 2008 9:49 AM\nTo: Burger, Donald ; Edmonson, Eileen \nSubject: RE: DOT Questions.pdf\nEileen:\nCan you please handle this inquiry by phone.\nThanks John\nFrom: Burger, Donald \nSent: Tuesday, January 08, 2008 3:32 PM\nTo: Gale, John \nSubject: FW: DOT Questions.pdf\nJohn - Can one of your guys get back with this guy. I know it is kind of old, (It came in while I was out for\nChristmas and New Years) but I don't know rail cars at all. Thanks - Don B\n\n<<>>\n\nFrom: Phil Johnson [mailto:Phil@dbwestern.com]\nSent: Wednesday, December 26, 2007 3:12 PM\nTo: Burger, Donald cPHMSA>\nSubject: DOT Questions.pdf\nWe are a chemical producer and have been rying to get some questions clearly answred\nregarding shipping product considered flammable in the 286,000 lb rated tank cars\nNIr Billy Hines of the SW Regional otl'ice referred us to you for response\nI\nPlease see attched listing\nSincerely would appreciate a complete response to these and not just another refferal to a\nweb site as we cannot seem to wade thru tjhose and get the eact answers we need as it is\nvery confusing\nThank you for your help","truncated":false,"body_characters":7957}