{"operation":"document","citation":"13-0202","title":"Midland Rail Services, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-03-26","effective_on":null,"summary":"13-0202 response to Midland Rail Services, LLC concerning 173.31, 180.509.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0202.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0202.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0202","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130202.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMAR 2 6 2014\nMr. Allen Maty\nMidland Rail Services, LLC\nP. 0. Box 297\nSmithville, MO 64089\nReference No. 13-0202\nDear Mr. Maty:\nThis is in response to your recent e-mail requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to marking requirements for reclosing\npressure relief devices installed on tank cars. Specifically, you ask if§ 180.515( c) permits\nthese devices to be installed on tank cars without having to be retested if they are stored and\nprotected from deterioration for up to 6 months from their date of manufacture. We apologize\nfor the delay in responding and any inconvenience this may have caused. We have\nparaphrased your questions to facilitate this response.\nYou ask us to presume that a reclosing pressure relief device has a service life of either 5 or\n1 0 years before § 180.5 09( c) requires that it must be retested, regardless of whether it is\ninstalled on a tank car or stored before being installed on a tank car.\nQ 1. If a reclosing pressure relief device passes the pressure test for its design, is stored in a\nmanner that protects it from deterioration, and is installed on a tank car within 6\nmonths from the day it passed the pressure test, can the test date marking on the tank\ncar for the device be the date it is installed on the tank car?\nAI. The answer is yes. Section 180.515(c) requires that the test date marking on a tank car\nfor a reclosing pressure relief device must be the date the device is installed on the\ntank car if the reclosing pressure relief device is qualified and protected from\ndeterioration within 6 months prior its installation on a tank car. Further, please note\nthat the qualification requirements for reclosing pressure relief devices installed on\ntank cars must comply with applicable provisions in 49 CPR Part 179, \"Specifications\nfor Tank Cars\" (see§ 173.31(b)(2)).\nQ2. Can a test date of2014 be marked on a tank car for a reclosing pressure relief device\nthat was tested in July 2013 and installed on the tank car in January 2014?\nA2. Yes. See Answer AI.\n\n<<<PAGE 2>>>\n\nQ3. A3. Q4. If the same reclosing pressure relief device is installed on the tank car in\nFebruary 2014, must the test date marked on the tank car be 2013 because the 6-month\nstorage allowance period prescribed in§ 180.515(c) has expired.\nThe answer is no. A reclosing pressure relief device that is not tested within 6 months\nfrom the date it is installed on a tank car or that is not protected from deterioration\nmust be retested in conformance with § § 173.31 (b )(2) and 180.509(k). After the\ndevice is successfully tested and installed on a tank car, the device's retest date must\nbe marked on the tank car in conformance with § 180.515( c).\nYou also state that some are interpreting § 180.515( c) to mean that a reclosing\npressure relief device has a shelf life of 6 months, and that after that 6-month period\nthe reclosing pressure relief device would have to be retested before it can be installed\non a tank car. You ask if this position is correct.\nA4. Yes. See Answer A3.\nI hope this satisfies your request.\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nDrakeford, Carol\nFrom: INFOCNTR (PHMSA)\nSent:\nTo:\nSubject: Friday, October 25, 2013 4:35 PM\nDrakeford, Carolyn (PHMSA)\nFW: HQ Feedback: Hazardous Materials Information Request\nHi Carolyn,\nThis caller requested we submit this e-mail as a formal letter of interpretation.\nThanks,\nVictoria\n-----Original Message-----\nFrom: PHMSA Webmaster\nSent: Thursday, October 24, 2013 12:53 PM\nTo: HMIS (PHMSA); PHMSA Webmaster\nSubject: HQ Feedback: Hazardous Materials Information Request\nRe: 49CFR, Section 180.515(c): \"When pressure tested within six months of installation and protected from deterioration,\nthe test date marking of a reclosing pressure relief device is the installation date on the tank car.\"\nSome people are interpreting this to mean that a pressure-tested reclosing pressure relief device (PRD) has a \"shelf-life\"\nof 6 months-- after the expiration of 6 months, the PRD would have to be retested before installation on a tank car.\nIt should be presumed that a PRD has a \"service life\" of either 5 or 10 years before retesting is required per Section\n180.509(c), whether it is \"on a shelf\" or installed on a tank car.\nThus, if pressure tested in July 2013, and installed on a tank car in January 2014, the test date marking applied to the tank\ncar would be \"2014\", not \"2013\". If tested in July 2013, and installed in February 2014, the marking would be \"2013\" as\nthe 6-mo storage allowance being expired.\nIs it correct that 180.515(c) does not require a pressure-tested reclosing PRD tested within 6 months of installation on a\ntank car to be retested prior to its installation- the section applies only to test/qualification dates marked on the tank car.\nAn email response would be appreciated.\nThanks,\nA. Maty\nALLEN MATY\nAffiliation: Public\nPhone:\nFax:\nEmail: boeci.ret@gmail.com\n1","truncated":false,"body_characters":5161}