{"operation":"document","citation":"12-0267","title":"Allied Universal Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-05-06","effective_on":null,"summary":"12-0267 response to Allied Universal Corporation concerning 171.7, 179.6.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0267.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0267.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0267","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2012/120267.pdf","body":"<<>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave, SE\nWashington, D.C. 20590\nMAY 062013\nRobin Bolte\nRegulatory Affairs Manager\nAllied Universal Corporation\n3901 NW 115th Avenue\nMiami, FL 33178\nRef. No.: 12-0267\nDear Ms. Bolte:\nThis responds to your December 11, 2012 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to Multi-Unit Tank Cars. In your\nletter, you state that your company performs hydrostatic tests on Multi-Unit Tank Car tanks and\nthat your testing facility is authorized to perform hydrostatic testing for tank cars by a third party.\nYou state that you stamp the tank with the date tested when you perform hydrostatic testing on\ntank cars. However, you do not put your Requalifier Identification Number (RIN) number on the\ntanks since the Multi-Unit Tank Cars are not considered cylinders. You add that you do not\nadhere to the American Association of Railroads (AAR) Appendix R, as it is not applicable to\nMulti-Unit Tank Cars. You ask how companies can be compliant with testing and tank car\nrequalification requirements in the HMR when the AAR document referred to in§ 179.6 does not\ninclude the Department of Transportation (DOT) specification container for Multi-Unit Tank\nCars?\nThe Pipeline and Hazardous Materials Safety Administration (PHMSA) recognizes that a gap\ncurrently exists in the HMR for the testing and requalification of Multi-Unit Tank Cars. Currently\nPHMSA issues a special permit (SP-1564 7) for companies that test and requalify Multi-Unit Tank\nCars, and is allowing companies to apply for party status to this special permit. Section 107.107\nof the HMR specifies the requirements for a company to apply for party status of a special permit.\nObtaining party status to this special permit will allow companies to reauthorize and qualify\nMulti-Unit Tank Cars under the HMR. PHMSA may consider a regulatory approach to address\nthe issue in the future.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nV2!n, ·\nJ.t,. T. Glenn Foster~\nU · Chief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n~~\n----------------------------- ---\n·-----·--·-~· .. ···\n\n<<>>\n\nDrakeford, Carolyn (PHMSA)\nFrom: Betts, Charles (PHMSA)\nSent: Tuesday, December 11,2012 5:06PM\nTo:\nBillings, Delmer (PHMSA); Drakeford, Carolyn (PHMSA)\nCc:\nHeneghan, John (PHMSA)\nSubject: Fw: Regulatory Issue: Multi-Unit Tank Car Tanks\nCarolyn-\nPlease log and assign for response.\nThanks,\nCharles\nFrom: Heneghan, John (PHMSA)\nSent: Tuesday, December 11, 2012 03:59 PM\nTo: 'RobinE@AIIiedUniversal.com' ; Betts, Charles (PHMSA)\nSubject: Re: Regulatory Issue: Multi-Unit Tank Car Tanks\nCharles could you please assign this to someone to review and get back to Ms. Bolte. Thanks. John\nFrom: Bolte, Robin [mailto:robine@allieduniversal.com]\nSent: Tuesday, December 11, 2012 03:30 PM\nTo: Heneghan, John (PHMSA)\nSubject: Regulatory Issue: Multi-Unit Tank Car Tanks\nJohn-\nI am trying to find an answer to an ongoing question. I know you may not be the person,\nbut am asking you to forward to the appropriate person or persons at DOT headquarters.\nSee e-mail chain below.\nMy company, like many others, performs hydrostatic tests on multi-unit tank car\ntanks. We make sure when our testing facility goes thru the reauthorizing inspection by\nthe third party, these DOT specification containers are included in the review and\napplication. We stamp the tank, when it passes, with the date tested. We do not put our\nRIN number on the container, we were told not to at one time. RIN only for cylinder\nrequalification. So basically, we requalify the same as a cylinder with a few exceptions.\nWe do not adhere to the AAR Appendix R. As you can see from the AAR (e-mail below), it\nis not applicable for multi-unit tank car tanks.\n1\n\n<<>>\n\nI believe we are doing it safe, but am concerned that do to the regulations, one may see\nus as non-compliant. However, how can you be compliant when the AAR document does\nnot include your DOT specification container?\nThere are many other companies out there in the same boat. Is this a Special Permit\nsituation? See this Federal Register notice:\nSP-15647 by Thunderbird Cylinder- the nature says it's to \"reissue the originally issued on an emergency\nbasis ... \" http://wVwl.gpo.gov/fdsys/pkg/FR-2012-11-28/pdf/2012-28588.pdf.\nLooking for some direction.\nThanks,\nRobin E. Bolte\nAllied Universal Corp.\nFrom: Dorsey, Ken [mailto:kdorsey@aar.org]\nSent: Tuesday, December 15, 2009 9:48 AM\nTo: Robin Eddy Bolte\nCc: Mannas, Timothy; Fronczak, Robert; mforister@aar.org; Frank Reiner; allen maty@aar.com\nSubject: RE: AAR Appendix R\nRobin\n2\n\n<<>>\n\nM-1002 and specifically Appendix R of M-1002 was developed by the Tank Car Committee (TCC) of the AAR as an\nindustry standard for the maintenance of tank car tanks. The subject of fusible plugs has never been addressed by the TCC\nand consequently there are no provisions for the installation, manufacture, testing or maintenance of such devices included\nin M-1 002. The tank car industry did not develop specific standards for tapping tank car pressure retaining structure for\ninclusion in Appendix R. If a process not covered by Appendix R is needed there is the ability for a proponent to submit a 4-\n2 application to have their specific process approved for use on tank car tanks. If there was a need for general standards to\nbe developed and adopted then a proponent would have to forward such a request to the TCC for consideration. I\nanticipate that it would take some time for the process to be successfully concluded however.\nKenneth Dorsey\nExecutive Director of Tank Car Safety\nAssociation of American Railroads\n425 3rd Street, SW, Suite 1000\nWashington, DC 20024\n202-639-2262\nFrom: Duane.Cassidy@dot.gov [mailto:Duane.Cassidy@dot.gov]\nSent: Thursday, December 10, 2009 12:11 PM\nTo: RobinE@AIIiedUniversal.com\nCc: delmer.billings@dot.gov; John.Heneghan@dot.gov\nSubject: FW: Questions regarding 180.212 & Champagne Specialties approval status\nRobin,\nThe regulations that apply to ton tanks are listed in 49 CFR Part 179. The actions described in your email would\ncertainly qualify as a repair not a modification to an existing tank design. The regulations in 179.6 require that all\nrepairs or alterations for tank cars must follow the procedures as listed in the Appendix R of the AAR\nSpecifications for Tank Cars, incorporated by reference in 49 CFR 171.7. Appendix R states that all repairs or\nalterations must be performed by companies certified by the AAR to perform such repairs in accordance with\nAppendix B of the same reference.\n3\n\n<<>>\n\nI have no idea whether the company you name in your email is approved for such activities. You will have to\ncontact the AAR to determine whether they are authorized to conduct such repairs.\nRegards,\nDuane M. Cassidy (E21-209)\nUS DOT, Office of Approvals, Cylinder Program\nEast Building, 2nd Floor, PHH-30\n1200 New Jersey Avenue, SE\nWashington, DC. 20590-0001\nOffice: 202-366-5794\nCell: 202-596-0583\nFax: 202-366-3308\nemail:duane.cassidy@dot.gov\nSearch approvals data at:https://hazmatonline.phmsa.dot.gov/ApprovalsSearch/\n============================================================\nNOTICE: This communication, including all attachments, may contain legally privileged, confidential or proprietary\ninformation. If the reader of this communication is not the intended recipient, you are hereby notified that any reading,\ndissemination, distribution, copying, disclosure or other use of this information is strictly prohibited. If you have received\nthis message in error, please notify the sender immediately by email reply and delete this message and all copies and\nbackups, thereof. Thank You.\n============================================================\n4","truncated":false,"body_characters":7925}