Attorney at Law — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 NOV 1 5 2013 Mr. Lawrence W. Bierlein Attorney at Law 1101 30111 Street, N.W., Suite 500 Washington, D.C. 20007 Ref. No. 13-0172 Dear Mr. Bierlein: This is in response to your e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR 171-180) applicable to the marking of tank cars. Section 179.22 requires that tank cars be marked in accordance with Appendix C of the Association of American Railroads (AAR) Specifications for Tank Cars (M-1002). Appendix C of AAR M-1 002 requires that markings be stenciled on the tank car sides and ends. In your e-mail, you describe a scenario where a tank car is stenciled with required markings on both sides/ends and the top and ask ifthe redundant top marking is required to be maintained. The answer is yes. Although the top marking is not required and is therefore redundant, any visible marking must be in accordance with the HMR. We recommend you cover or remove any additional markings not consistent with the required markings prescribed by the HMR. I trust this information is helpful. Please contact us if you require further assistance. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2Drakeford, Carolyn (PHMSA) From: Sent: To: Subject: Supko, Ben (PHMSA) Monday, August 19, 2013 2:45PM Drakeford, Carolyn (PHMSA) FW: AAR tank car markings 6fevens §J1q. :<~{d) lanls eats 13 -Df1J-; Carolyn, Did Kurt send you this and request and interp? Thank you, Ben From: Eichenlaub, Kurt (FRA) On Behalf Of HMASSIST (FRA) Sent: Wednesday, July 31, 2013 3:41 PM To: Supko, Ben (PHMSA) Subject: FW: AAR tank car markings This should probably be a request for interpretation right? Sounds like he's fishing for something. Kurt Eichenlaub Railroad Safety Specialist (Hazardous Materials) Federal Railroad Administration Office of Safety (W35-212) 1200 New Jersey Avenue, SE Washington, DC 20590 202-493-6050 (Office) From: Lawrence W. Bierlein [mailto:lany@hazmat-lawyer.com] Sent: Wednesday, July 24, 2013 4:19PM To: HMASSIST (FRA) Subject: AAR tank car markings 49 CFR 179.22(a) requires tank cars to be marked in accordance with AAR Specifications M- 1002, Appendix C. M-1002, Appendix C, Sec. 3.3.4.2 requires stenciling of reporting marks on the car sides and ends. The option is given to stencil on the top of the car. If the car has reporting marks on the sides/ends, and on the top, i.e., redundant marks, does FRA require the optional top mark to be maintained? The side/end marks are maintained. Lawrence W. Bierlein Attorney at Law 1101 30th Street, N.W., Suite 500 Washington, D.C. 20007 Telephone 202-625-8355 larry@hazmat-lawyer.com www.hazmat-lawyer.com Please note my contact information has changed. 1#