{"operation":"document","citation":"18-0036R","title":"Association of American Railroads — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-06-06","effective_on":null,"summary":"18-0036R response to Association of American Railroads concerning 179.18, 179.202, 180.509.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0036r.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0036r.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0036r","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/71561/180036r.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMAY O 9 2019\nKenneth B. Dorsey\nAssociation of American Railroads\n425 Third Street, SW\nWashington, DC 20024\nReference No. 18-0036R\nDear Mr. Dorsey:\nThe Pipeline and Hazardous Materials Safety Administration is clarifying this previously issued\nletter of interpretation based on further review. In your March 13, 2018, letter, you had requested\nclarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable\nto specifications for DOT-111 and DOT-117 series tank cars. While PHMSA's original response\nis accurate, it did not fully address all of your concerns. Specifically, we are expanding on our\nanswer to Question 2 to more comprehensively address DOT-111 tank cars retrofitted to a DOT-\n11 7R specification.\nWe have paraphrased and answered your questions as follows:\nQ 1. You ask whether a DOT-111 tank car manufactured after October 1, 2015, is eligible to\nbe retrofitted to DOT-11 7R or DOT-l 17P specification.\nAl. The answer is no. In accordance with§ 174.310(a)(4), if used to transport flammable\nliquids, only DOT-111 tank cars manufactured before October 1, 2015 are eligible to be\nretrofit to the DOT-117R specification.\nQ2. Certain jacketed DOT-111 tank cars are equipped with fiberglass insulation, which is not\nan approved thermal protection system, in accordance with § 179 .18( c ). You ask whether\nthese tank cars being retrofitted to the DOT-117 specification require documentation of a\nthermal analysis to show that they are capable of achieving the performance standard in\n§ 179.18(a).\nA2. When converting jacketed DOT-111 tank cars equipped with a thermal protection system\nnot on the list of systems that do not require verification ( see § 1 79 .18( c) ), each tank car\nowner must ensure a thermal analysis has been conducted, verified and documented (see\n§ 179 .18(b)) that demonstrates that the thermal protection system for the tank car( s) being\nconverted meets the performance standard in§ 179.18(a). Procedures for completing the\nthermal analysis are outlined in Part 179, Appendix B. To meet the requirements for the\nDOT-117P specification tank car, the design must receive additional approval from\nAssociate Administrator for Railroad Safety/Chief Safety Officer, Federal Railroad\nAdministration (FRA). Jacketed DOT-111 tank cars that are retrofitted to the DOT-117R\nspecification do not require additional approval from the FRA, provided the requirements\nin§ 179.18(a) and (b) are met.\n\n<<>>\n\nQ3. A3. You ask if the minimum plate thickness requirements for DOT-l 17R specification can be\nbased on the minimum plate thickness requirement at the time of original construction.\nThe answer is yes. In accordance with§ 179.202-13(c), the minimum plate thickness for\nall tank cars manufactured to the DOT-11 7R is 7 /16 of an inch. However, DOT-111 tank\ncars manufactured to the Association of American Railroads CPC-1232 standard have a\nminimum plate thickness of½ an inch. Additionally, when calculating minimum\nallowable tank shell thickness in accordance with § 180.509(±), the original plate\nthickness at time of construction must be used for these calculations.\nI hope this information is helpful. Please contact us if we can be of further assistance.\n\n<<>>\n\nCt cmlX'J?\n1 i- 0 ({>0\nJanuary, lkeya CTR (PHMSA)\nFrom:\nSent:\nTo:\nCc:\nSubject:\nAttachments:\nKelley, Shane (PHMSA)\nMonday, October 15, 2018 11:31 AM\nJanuary, Ikeya CTR (PHMSA); Dodd, Alice (PHMSA)\nDerKinderen, Dirk (PHMSA); Foster, Glenn (PHMSA); Ciccarone, Michael (PHMSA);\nBridson, Andrew (PHMSA)\nFW: Tank Car Issue - Fiberglass Insulation Tank Cars\nJacketedTPRequest Final-22feb16.pdf; RSI-CTC Letter to FRA and PHMSA re DOT117R\nThermal Protection System Req .... pdf; Letter to K. Eichenlaub FRA from RSI re DOT117R\nThermal Protection Syste .... pdf; FRA Response Letter to RSI re Fiberglass Insulation\n(11.23.16).pdf; 2018-3-14 Request for Interpretations 3.pdf; PHMSA Response to Ken\nDorsey on Approval of CPC-1232 Fiberglass Insulate .... pdf\nPlease process this as a request for clarification that would be issued as a revision to 18-0036.\nMr. Ciccarone will handle coordination as per our standard SOPs.\nI'd like this to go through the additional coordination that requires executive review so please include me on the\ncoordination chain.\nThanks all\nFrom: Kimball, Emily E. [mailto:emily.kimball@hoganlovells.com]\nSent: Thursday, October 11, 2018 3:50 PM\nTo: Svee, Alayne CTR (PHMSA) ; Gordon, Stephen (PHMSA) ;\nHorsley, Adam (PHMSA) ; Kelley, Shane (PHMSA) ; Qureshi, Mona\n(PHMSA) ; Majors, Leonard (PHMSA) ; Hamit, Safiya (PHMSA)\n\nCc: Montague, R. Latane \nSubject: RE : Tank Car Issue - Fiberglass Insulation Tank Cars\nDear All,\nThank you again for making time for yesterday's call regarding conversion of legacy DOT-111 tank cars equipped with a\nthermal protection system consisting of a jacket, fiberglass insulation, and pressure relief valve (i.e., \"fiberglass\ninsulation tank cars\" referenced hereafter as the \"jacket/insulation configuration\") to DOT-117Rs. I appreciate the\nopportunity discuss the Railway Supply lnstitute's (\"RSI\") concerns and clarify exactly what information RSI is seeking at\nthis time.\nIn light of FRA and PHMSA's 2016 determination letter (attached and discussed below), RSI understands that existing\ntank cars equipped with a jacket/insulation configuration meet the 49 C.F.R. § 179.18(a) thermal protection system\nperformance standard, thus satisfying the thermal protection system requirement for DOT-117Rs, as set forth in§\n179.202-B(e). Therefore, these tank cars are eligible for conversion to DOT-117R, provided they meet the remaining\nDOT-117R specifications set forth in§ 179.202-13. The 2016 determination letter was also clear that the 2016 AFFTAC\nstudy, examining the thermal performance of these jacket/insulation configuration tank cars using ethanol and five\ntypes of crude oil, was sufficient to demonstrate the performance standard by use of the thermal analysis in accordance\nwith§ 179.18(b).\n1\n\n<<>>\n\nRSI members are only seeking conversion to DOT-117Rs at this time, and are not seeking approval of these cars for\nconversion to DOT-117P. Therefore, the question at this time, is what specific documentation is needed to accompany\nan application for conversion of a DOT-111 car equipped with the jacket/insulation configuration to a DOT-117R, for\npurposes of demonstrating compliance with 49 C.F.R. § 179.18. RSI understands that the 2016 AFFTAC study is\nsufficient, consistent with PHMSA and FRA's 2016 determination.\nI have provided more detail and context on this issue below. If you need any further clarification or have specific\nquestions as you review this information and consider the DOT-117R conversion question please call me at\n303.454.2549.\n2016 Determination\nAs we discussed on yesterday's call, in February 2016, the RSI-CTC sent a letter to FRA (attached) requesting approval to\n\"utilize jacketed, fiberglass insulation thermal protection systems on existing jacketed legacy and CPC-1232 tank cars\npresently in flammable liquids service in order to satisfy the DOT-117R specification.\" Together with the letter, the RSI-\nCTC provided FRA with a copy of an AFFTAC study demonstrating that tank cars equipped with this jacket/insulation\nconfiguration are compliant with the thermal protection system performance standard set forth in 49 C.F.R. § 179.18(a),\nsuch that this system is capable of providing \"sufficient thermal resistance\" with no release of lading, except through a\npressure release device, when subjected to a 100-minute pool fire and a 30-minute torch fire. FRA responded to the\nRSI-CTC's letter on November 23, 2016 (attached), stating:\nFRA and [PHMSA] have determined that approval to use [existing tank cars with the jacket/insulation\nconfiguration] in flammable liquid service is not required, but the requirements of Title 49 Code of Federal\nRegulations Section 179.18, Thermal protection systems, must be met. Specifically, the tank cars must meet\neither a performance standard as verified by a thermal analysis (see§ 179.18(b)) or be equipped with a thermal\nprotection system that no longer requires verification (see§ 179.18(c)). After reviewing the information\nsubmitted, which included the results of thermal analysis, FRA and PHMSA have determined that the tank car\nthermal protection system in question [i.e., the jacket/insulation configuration] has been analyzed in\naccordance with§ 179.lS(b), and therefore may be used in flammable liquid service as a DOT-117R provided\nthat each car satisfies all the specification requirement for DOT-117R set forth in§ 179.202-13.\nAccordingly, since November 23, 2016, RSI-CTC has understood that both FRA and PHMSA agree that the\njacket/insulation configuration satisfies the thermal protection system standard in § 179.18 and that tank cars equipped\nwith this configuration may be offered in service as DOT-117Rs, provided they meet all other specification requirements\nfor DOT-117Rs, as set forth in§ 179.202-13.\nThis is consistent with the mandates of the FAST Act and with PHMSA's regulations regarding DOT-117R requirements,\nas modified to conform to the FAST Act requirements. PHMSA's revisions to the DOT-117R standard made clear that the\napplication of a thermal protection blanket is required for non-jacketed tank cars that are modified to meet the DOT-\n117R standard but that this\nrequirement does not extend to jacketed tank cars. Rather, jacketed DOT-llls and jacketed CPC1232s that are modified\nto meet the DOT-117R standard simply must have a thermal protection\nsystem that meets the performance standard specified in 49 C.F.R. § 179.18. We are not aware of any provision in\neither the FAST Act or PHMSA's regulations that would require tank cars equipped with the jacket/insulation\nconfiguration be converted to DOT-117Ps rather than DOT-117Rs.\nAs such,§ 179.202-B(e), the thermal protection requirement for DOT-117Rs, states:\n(e) Thermal protection system. (1) The DOT Specification 117R tank car must have a thermal protection system.\nThe thermal protection system must conform to§ 179.18 of this part and include a reclosing pressure relief\ndevice in accordance with§ 173.31 of this subchapter.\n2\n\n<<>>\n\n(2) A non-jacketed tank car modified to the DOT Specification 117R must be equipped with a thermal protection\nblanket with at least ½-inch-thick material that meets§ 179.18(c) of this part.\nFor a more detailed legal analysis of the statutory and regulatory history supporting this conclusion, please see the RSI-\nCTC's Letter to Kurt Eichenlaub, FRA dated October 27, 2016 (attached).To the extent PHMSA or FRA are concerned\nabout subsequent ability to identify which DOT-117Rs have the jacket/insulation configuration versus a thermal\nprotection blanket, this information would be readily ascertainable through UMLER.\nRSl's confusion arises out of PHMSA's letter dated September 18, 2018 to Kenneth Dorsey at the Association of\nAmerican Railroads (\"AAR\") (hereafter, PHMSA 2018 Response Letter) responding to AAR's March 13, 2018, letter\nrequesting clarification of the Hazardous Materials Regulations (\"HMR\") applicable to specification for DOT-111 and\nDOT-117 series tank cars. AAR's letter sought \"guidance regarding documentation to approve as DOT-117R tank cars\nbuilt as jacketed DOT-111 cars and equipped with only fiberglass insulation [i.e., the jacket/insulation\nconfiguration].\" However, answer \"A2\" of the PHMSA 2018 Response Letter states a thermal analysis is required to\ndemonstrate eligibility for conversion to a DOT-117P specification tank car, in accordance with 49 C.F.R. § 179.202-\n12(a). The response does not answer the specific documentation question. Moreover, the suggestion that these cars\nare only eligible for conversion to a DOT-117P conflicts with the prior 2016 determination from PHMSA and FRA that\nthese cars are eligible for conversion to DOT-117R. As stated above, RSI members are only seeking conversion to DOT-\n117Rs at this time.\nImpact on the North American Fleet\nThere are approximately 19,000 tank cars in the existing tank car fleet with this jacket/insulation configuration. Since\nthe 2016 determination letter, RSI members have submitted several of applications, impacting hundreds of tank cars, for\nconversion to DOT-117R to the AAR for approval. However, these applications are being held up, pending the resolution\nof the documentation question. Because of the configuration of the jacketed/insulation tank cars, which are also\nequipped with heating coils, these tank cars are well suited to move heavier crude oil and will likely be used in\nCanada. Transport Canada (TC) has already committed that it will approve the use of these tank cars as the TC-\nequivalent of a DOT-117R using TC's special permit procedures. Therefore, confirming their eligibility for conversion to\nDOT-117Rs would be consistent with Transport Canada's treatment of these tank cars and would harmonize the U.S. and\nCanadian requirements to avoid any disruptions to international commerce.\nThank you again for your willingness to provide additional clarity on this topic. Please let me know if there is any further\ninformation you need or anything you would like to discuss as you review this information and consider the DOT-117R\ndocumentation question.\nFor your reference, I have attached the following correspondence related to this matter:\n• RSI-CTC's Letter to Karl Alexy, FRA (Feb. 22, 2016)\n• RSI-CTC's Letter to FRA Administrator Feinberg and PHMSA Administrator Dominguez (July 25, 2016)\n• RSI-CTC's Letter to Kurt Eichenlaub, FRA (October 27, 2016)\n• Response Letter from Thomas Herrmann, FRA to RSI-CTC (Nov. 23, 2016)\n• AAR's Clarification Letter to PHMSA (Mar. 14, 2018)\n• PHMSA's Response Letter to Ken Dorsey, AAR (Sept. 18, 2018)\nSincerely,\nEmily\n3\n\n<<>>\n\n----Original Appointment--\nFrom: Svee, Alayne CTR (PHMSA) [mailto:alayne.svee.ctr@dot.gov]\nSent: Wednesday, October 10, 2018 12:50 PM\nTo: Svee, Alayne CTR (PHMSA); Gordon, Stephen (PHMSA); Kimball, Emily E.; Horsley, Adam (PHMSA); Kelley, Shane\n(PHMSA); Qureshi, Mona (PHMSA); Majors, Leonard (PHMSA)\nSubject: Tank Car Issue\nWhen: Wednesday, October 10, 2018 4:00 PM-5:00 PM (UTC-05:00) Eastern Time (US & Canada).\nWhere: ConfRm-HQ-E26-124 (PHMSA) (near PHC)\nImportance: High\nConference Line:\n(877) 336-1829\nAccess Code:\n2596426\n************\nHost Access Code:\n8323\nAbout Hogan Lovells\nHogan Lovells is an international legal practice that includes Hogan Lovells US LLP and Hogan Lovells International LLP. For more information, see\nwww.hoganlovells.com.\nreceived in error, please do not disclose the contents to anyone, but notify the sender by return email and delete this email (and any attachments) from\nCONFIDENTIALITY. This email and any attachments are confidential, except where the email states it can be disclosed; it may also be privileged. If\nyour system.\n\n<<>>\n\n~ RAILWAY\nP~suPPLY\n..::..~ INSTITUTE\nSupport, Connection, Advocacy\n425 Third Street, SW I Suite 920 I Washington, DC 200241 phone (202) 347 -46641 fax (202) 347-00471 www.rsiweb.org\nFebruary 22, 2016\nMr. Karl Alexy\nStaff Director, Office of Safety Assurance and Compliance\nFederal Railroad Administration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nDear Mr. Alexy,\nAs you know, HM-251 requires that tank cars retrofitted to the DOT117R specification be equipped with\na DOT approved thermal protection system (TPS) that meets the criteria specified in CFR 179.18. This\nincludes the requirement that the TPS facilitate survival ofthe tank for 100 minutes in an AFFTAC pool fire\nsimulation. Research and analysis performed by the The Railway Supply Institute Committee on Tank Cars\n(RSI-CTC) indicates these requirements can be satisfied using a TPS consisting of a jacket and fiberglass\ninsulation. Fiberglass insulation, however, is not a DOT approved material in Appendix B of49CFR 179.18.\nTherefore, the RSI -CTC is requesting approval from FRA to utilize jacketed, fiberglass insulation thermal\nprotection systems on existing jacketed legacy and CPC -1232 tank cars presently in flammable liquids\nservice in order to satisfy the DOT117R specification.\nThe RSI-AAR Safety project recently commissioned an AFFTAC study to provide the justification for this\nrequest, the results of which were recently presented to FRA and PHMSA. In our analyses, we refer to\nresearch performed by FRA which shows fiberglass insulation will meet the Appendix B performance\nrequirements provided there is a means to secure it from falling. We incorporated this finding and other\npertinent information into our AFFTAC study. The results show that jacketed fiberglass insulation systems\nfacilitate simulated survival times that range from 130 to 180 minutes for ethanol and the most common\ncrude oil commodities.\nTo be clear, RSI Committee on Tank Cars is requesting FRA approval to use jacketed fiberglass insulation\nthermal protection systems only on existing jacketed tank cars that will be retrofitted to the HM-251\nrequirements. Existing non-jacketed retrofit cars and newly built cars will be equipped with high\ntemperature blankets. Please feel free to contact me if you have any questions or require additional\ninformation regarding our request.\nSincerely,\n1~~\nThomas D. Simpson\nPresident, Railway Supply Institute, Inc.\n\n<<>>\n\n~ RAILWAY\np__.. SUPPLY\n..:=.. ~ INSTITUTE\nSupport, Connection, Advocacy\n425 Third Street, SW I Suite 920 I Washington, DC 200241 phone (202) 347 -46641 fax (202) 347-0047 I www.rsiweb.org\nJuly 25, 2016\nSarah E. Feinberg\nAdministrator\nFederal Railroad Administration\nU.S. Department of Transportation\n1200 New Jersey Avenue, SE\nWest Building, Room W30-308\nWashington, DC 20590\nMarie Therese Dominguez\nAdministrator\nPipeline and Hazardous Material Safety Administration\nU.S. Department of Transportation\n1200 New Jersey Avenue, SE\nEast Building, 2nd Floor, Suite E27\nWashington, DC 20590\nRe: DOT-11 ?R Thermal Protection System Requirement\nDear Administrator Feinberg and Administrator Dominguez:\nI write on behalf of the Railway Supply lnstitute's (\"RSI\") Committee on Tank Cars (\"RSI-\nCTC\") 1 to raise an issue regarding the thermal protection system requirement for DOT-11 ?R tank\ncars included in the Pipeline and Hazardous Materials Safety Administration's (\"PHMSA\") and\nFederal Railroad Administration's (\"FRA\") May 8, 2015 final rule entitled \"Hazardous Materials:\nEnhanced Tank Car Standards and Operational Controls for High-Hazard Flammable Trains\" (80 FR\n26643; \"HM-251 Final Rule\").\nAs you know, the HM-251 Final Rule requires that tank cars modified to the DOT-117R\nspecification be equipped with a DOT-approved thermal protection system that meets the criteria\nspecified in 49 C.F.R. § 179.18. This regulation in turn requires that the thermal protection system\nprovide the tank car with \"sufficient thermal resistance so that there will be no release of any lading\nRSI is the international trade association of the railway supply industry. Its members provide all\ntypes of goods and services to freight and passenger railroads, rail shippers and freight car\nmanufacturers and lessors. The members of the RSI-CTC collectively build more than ninety-five percent\n(95%) of all new railroad tank cars and own and provide for lease over sixty-five percent (65%) of railroad\ntank cars operating in North America. The RSI-CTC members include: American Railcar Industries;\nAmerican Railcar Leasing; CIT Rail; GATX Corporation; The Greenbrier Companies; Trinity Rail Group,\nLLC; and Union Tank Car Company.\n\n<<>>\n\nwithin the tank car, except release through a pressure release device, when subjected to: a pool fire\nfor 100 minutes and a torch fire for 30 minutes.\"\nOver the past 12 months, the RSI-CTC commissioned an AFFTAC study to analyze and\nverify whether these requirements can be satisfied by a thermal protection system consisting of a\njacket, fiberglass insulation, and pressure release valve. We have focused on these components\nbecause this is the configuration in a subset of existing jacketed DOT-111 and jacketed CPC-1232\ntank cars in the flammable liquids fleet. This subset totals approximately 20,000 tank cars. Although\nthis thermal protection system is not listed in Appendix B of Part 179, our analysis demonstrates that\nit complies with the performance standard of 49 C.F. R. § 179.18 based on the analysis methodology\nprescribed in that regulation.\nAs stated in our prior February 22, 2016 letter to Mr. Karl Alexy in the Office of Safety\nAssurance and Compliance, our analysis concludes that a thermal protection system consisting of a\njacket, fiberglass insulation, and pressure relief device would survive a 100 minute pool fire and a 30\nminute torch fire. In fact, the results show that jacketed fiberglass insulation systems facilitate\nsimulated survival times that range from 130 to 180 minutes for ethanol and the most common crude\noil commodities. Engineers from the RSI-CTC member companies have participated in numerous\nmeetings and telephone conferences with FRA and PHMSA personnel to answer questions about\nthis study and provide further information to your technical staff.\nIn light of the AFFTAC study, the RSI-CTC respectfully requests that the FRA and PHMSA\nallow the continued use of existing tank cars equipped with the jackeUfiberglass insulation thermal\nprotection systems. Otherwise, modification of these existing jacketed tank cars would require\nstripping the tank car of its jacket, applying a ceramic blanket and completely new jacket, in addition\nto the other work required to modify the tank car. Particularly for the jacketed CPC-1232s, what\nwould otherwise be an approximate 20 hour modification would become an approximate 500 hour\nmodification and would greatly impact the availability of DOT-117R tank cars to service the\nflammable liquids fleet.\nTo be clear, this issue only impacts a subset of the existing jacketed DOT-111 and CPC-\n1232 tank cars. All newly built DOT-117 tank cars would be equipped with a ceramic fiber blanket\nthermal protection system. In addition, existing non-jacketed tank cars modified to the DOT-117R\nstandard would also be equipped with a ceramic fiber blanket thermal protection system, as would\nexisting jacketed tank cars already containing a ceramic fiber blanket that will be modified to the\nDOT-117R standard.\nWe appreciate your consideration of this matter and look forward to continuing to work with\nFRA and PHMSA on enhancing the overall safety of the tank car fleet. Please contact me directly if\nyou have any follow-up questions about the foregoing.\nSincerely,\n1k\nThomas D. Simpson\nPresident\n- 2 -\n\n<<>>\n\n~ RAILWAY\nP~ suPPLY\n,.:=..~ INSTITUTE\nSupport, Connection, Advocacy\n425 Third Street, SW I Suite 920 I Washington, DC 200241 phone (202) 347-4664 I fax (202) 347-0047 I www.rsiweb.org\nOctober 27, 2016\nMr. Kurt Eichenlaub\nActing Staff Director, Hazardous Materials Division\nFederal Railroad Administration\nU.S. Department of Transportation\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nRe: DOT-117R Thermal Protection System Requirement\nDear Mr. Eichenlaub:\nI write on behalf of the Railway Supply lnstitute's (\"RSI\") Committee on Tank Cars (\"RSI-\nCTC\") 1 regarding the thermal protection system requirement for DOT-117Rs, codified at 49 C.F.R.\n§ 179.202-13(e). In particular, the RSI has reviewed the applicable provisions of the Fixing\nAmerica's Surface Transportation Act of 2015 (the \"FAST Act'')2 and its implementing regulations\nissued by the Federal Railroad Administration (\"FRA\") and the Pipeline and Hazardous Materials\nSafety Administration (\"PHMSA\") to determine whether existing tank cars equipped with a jacket,\nfiberglass insulation, and pressure release valve (hereafter, the \"jacket/insulation configuration\")\nwould comply with the thermal protection system specification for DOT-117R tank cars. For the\nreasons set forth below, we conclude that the jacket/insulation configuration would be compliant\nbecause it meets the thermal protection performance standard in 49 C.F.R. § 179.18.\nStatutory and Regulatory History\nOn August 15, 2016, FRA and PHMSA issued a final rule amending the Hazardous Materials\nRegulations to conform to the mandates of the FAST Act (hereafter, \"amended HM-251 rule\"),3\nincluding those provisions regarding the thermal protection system requirements for DOT-117Rs.\nThe FAST Act required DOT to \"issue such regulations as are necessary to require that each tank\ncar built to meet the DOT-117 specification and each non-jacketed tank car modified to meet the\nDOT-117R specification be equipped with an insulating blanket with at least ½-inch-thick material\nRSI is the international trade association of the railway supply industry. Its members provide all\ntypes of goods and services to freight and passenger railroads, rail shippers and freight car\nmanufacturers and lessors. The members of the RSI-CTC collectively build more than ninety-five percent\n(95%) of all new railroad tank cars and own and provide for lease over sixty-five percent (65%) of railroad\ntank cars operating in North America. The RSI-CTC members include: American Railcar Industries;\nAmerican Railcar Leasing; CIT Rail; GATX Corporation; The Greenbrier Companies; Trinity Rail Group,\nLLC; and Union Tank Car Company.\n2 Pub. L. 114-94, Sections 7301-7311\n3 81 Fed. Reg. 53935 (Aug. 15, 2016).\n\\\\DC - 035320/000023 - 9029857 v2\n\n<<>>\n\nthat has been approved by the Secretary pursuant to [49 C.F.R. § 179.18(c)].\n\"4 Congress did not\nrequire that existing jacketed tank cars modified to the DOT-117R standard also be equipped with a\nthermal blanket.\nConsistent with this mandate, PHMSA and FRA revised the thermal protection system\nrequirement for tank cars modified to the DOT-117R standard as follows:5\n(e) Thermal protection system. (1) The DOT Specification 117R tank car must have a\nthermal protection system. The thermal protection system must conform to§ 179.18 of this\npart and include a reclosing pressure relief device in accordance with§ 173.31 of this\nsubchapter. (2) A non-jacketed tank car modified to the DOT Specification 117R must be\nequipped with a thermal protection blanket with at least ½-inch-thick material that meets\n§ 179.18(c) of this part.\nThis revision made clear that that the application of a thermal protection blanket is required\nfor non-jacketed tank cars that are modified to meet the DOT-117R standard but that this\nrequirement does not extend to jacketed tank cars. Rather, jacketed DOT-111s and jacketed CPC-\n1232s that are modified to meet the DOT-117R standard simply must have a thermal protection\nsystem that meets the performance standard specified in 49 C.F.R. § 179.18.\nAnalysis of the DOT-117R Thermal Protection System Requirement\nIn drafting the original HM-251 rule,6 PHMSA assumed that a thermal protection blanket\nwould be the \"technology of choice\" for satisfying the thermal protection requirement for DOT-117s\nand DOT-117Rs.7 PHMSA further explained that the FAST Act's requirement that the thermal\nprotection blanket be applied to new DOT-117s and non-jacketed tank cars modified to meet the\nDOT-117R standard \"is consistent with the assumptions it made for meeting the DOT-117R in the\n[original HM-251 rule] regulatory impact analysis.\"8 However, with respect to jacketed tank cars,\nPHMSA acknowledges that \"[n]either the FAST Act nor these complying regulations require jacketed\ncars to be retrofitted with thermal protection, so associated costs would not be borne regardless of\nthe assumptions made in the HM-251 rulemaking analysis.\"9 The agency further states that \"the\nthermal protection blanketing provision will only affect those non-jacketed flammable liquid cars in\nneed of retrofit\" which it estimates to be \"18,546 tank cars (comprised of non-jacketed legacy DOT-\n111 and non-jacketed CPC-1232 tank cars)\" in other flammable liquids service.10 Although PHMSA\nnoted that it included the cost of \"removal and replacement of jackets (for DOT-111 cars) in the\nretrofit costs\" when it published the original HM-251 rule,\n11 these assumptions are not binding as\nthey were not codified in the either the original HM-251 rule or the revised HM-251 rule.\n4 Id. at Section 7305(a).\n5 81 Fed. Reg. 53957 (Aug. 15, 2016) (codified at 49 C.F.R. § 179.202-13).\n6 80 Fed. Reg. 26644, 26671 (May 8, 2016) (hereafter \"original HM-251 rule\").\n7 81 Fed. Reg. 53937.\n8 81 Fed. Reg. 53943.\n9 81 Fed. Reg. 53943.\n10 81 Fed. Reg. 53943.\n11 81 Fed. Reg. 53937.\n-2 -\n\\\\DC - 035320/000023 - 9029857 v2\n\n<<>>\n\nPHMSA and FRA have clearly articulated that the application of a thermal protection blanket\nis required for non-jacketed tank cars that are modified to meet the DOT-117R standard.12 The\namended HM-251 rule does not include the same requirement for jacketed DOT-111s or jacketed\nCPC-1232s that are modified to meet the DOT-117R standard. Instead, these tank cars must be\nequipped with a configuration that meets the performance standard specified in 49 C.F.R. § 179.18\nin order to meet the DOT-117R standard.\nThe Jacket/Insulation Configuration Meets the Thermal Protection Performance Standard\nThe Hazardous Material Regulations do not define the term \"thermal protection system,\" but\ninstead set forth a thermal protection performance standard in 49 C.F.R. § 179.18. PHMSA requires\nthat tank cars be equipped with a thermal protection system capable of providing the tank car with\n\"sufficient thermal resistance so that there will be no release of any lading within the tank car, except\nrelease through a pressure release device, when subjected to: a pool fire for 100 minutes and a\ntorch fire for 30 minutes.\n\"13\nExisting jacketed tank cars that undergo modification to the DOT-117R standard must\nconform to 49 C.F .R. § 179.18. This means their thermal protection system must meet the\nperformance standard specified in 49 C.F.R. § 179.18(a) - i.e., the ability to withstand a pool fire for\n100 minutes and a torch fire for 30 minutes. Moreover, compliance with the performance standard\nmust be verified by analyzing the fire effects on the entire surface of the tank car, using the analysis\nmethodology set forth in § 179.18(b ). PHMSA has acknowledged that§ 179.18 \"does not require\nthe use of a thermal protection blanket for a tank car that is required to be equipped with thermal\nprotection\" provided the system meets the performance requirement. 14\nDuring the last twelve months, the Railway Supply lnstitute's Committee on Tank Cars (\"RSI-\nCTC\") commissioned an AFFTAC study to analyze and verify whether a tank car equipped with the\njacket/insulation configuration satisfies the thermal protection system performance standard. This\nstudy was carried out consistent with the methodology set forth in 49 C.F.R. § 179.18(b), as\nrequired. More specifically, the fire effects on existing DOT-111 and CPC-1232 jacket/insulation\nconfiguration tank cars were analyzed using procedures consistent with those provided in the DOT\npublication DOT/FRA/OR&D-84/08.11 ( 1984 ), using the AFFTAC fire simulation model in\naccordance with the requirements of § 179.18(b ).\nWe focused on the jacket/insulation configuration because this is the configuration in a\nsubset of existing jacketed DOT-111 and jacketed CPC-1232 tank cars in the flammable liquids fleet\nwhich total approximately 20,000 tank cars. The AFFTAC study concluded that this thermal\nprotection system would permit a tank car to survive a 100 minute pool fire and a 30 minute torch\nfire, as required by the regulations, even though it does not have a thermal protection blanket. In\nfact, the results show that tank cars equipped with the jacket/insulation configuration facilitate\nsimulated survival times that range from 130 to 180 minutes for ethanol and the most common crude\noil commodities. These results were provided to Mr. Karl Alexy in the Office of Safety Assurance\n12 81 Fed. Reg. 53935 (\"each non-jacketed tank car retrofitted to meet the DOT Specification 11 ?R to be\nequipped with a thermal protection blanket\"); Id. at 53938 (\"a thermal protection blanket meeting\n§ 179.18(c) is now a requirement.. .for the DOT-117R if the tank car undergoing retrofit is non-jacketed\");\nId. at 53941 (\"Section 7305 of the FAST Act mandates that. .. each non-jacketed tank car retrofitted to\nmeet the DOT-117R be equipped with a thermal protection blanket\");\n13 49 C.F.R. § 179.18(a).\n14 81 Fed. Reg. 53937.\n- 3 -\n\\\\DC - 035320/000023 - 9029857 v2\n\n<<>>\n\nand Compliance and engineers from the RSI-CTC member companies have participated in\nnumerous meetings and telephone conferences with FRA and PHMSA personnel to answer\nquestions about this study and provide further information to technical staff.\nConclusion\nExisting jacketed tank cars must be equipped with a configuration that meets the thermal\nprotection performance standard set forth in 49 C.F.R. § 179.18(a) in order to meet the DOT-117R\nthermal protection system specification codified at 49 C.F.R. § 179.202-13(e). The AFFTAC test\nresults described above indicate that existing tank cars equipped with the jackeUinsulation\nconfiguration meet the thermal protection performance standard. Therefore, the RSI-CTC has\ndetermined that existing tank cars equipped with the jackeUinsulation configuration would comply\nwith the DOT-11 ?R thermal protection system requirement and may continue in use provided they\nmeet the rest of the DOT-117R specifications by the applicable modification deadlines.\nWe appreciate your confirmation of the RSI-CTC's understanding of these requirements and\nlook forward to continuing to work with FRA and PHMSA on enhancing the overall safety of the tank\ncar fleet. Please contact me directly if you have any follow-up questions about the foregoing.\nSincerely,\n1k\nThomas D. Simpson\nPresident\n-4-\n\\\\DC • 035320/000023 • 9029857 v2\n\n<<>>\n\n0\nU.S. Department\nof Transportation\nFederal Railroad\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nNOV 2 3 2oi\nMr. Thomas D. Simpson\nPresident\nRailway Supply Institute\n425 Third Street SW, Suite 920\nWashington, DC 20024\nDear Mr. Simpson:\nThank you for your February 22, 2016, letter requesting the Federal Railroad Administration's\n(FRA) approval to continue using jacketed legacy and CPC-1232 tank cars in flammable liquid\nservice. Your letter also indicated that the RSI Committee on Tank Cars is requesting FRA\napproval to use fiberglass insulation as thermal protection systems only on existing jacketed tank\ncars that will be retrofitted to the HM-251 requirements for DOT Specification l 17R\n(DOT-117R).\nFRA and the Pipeline and Hazardous Materials Safety Administration (PHMSA) have\ndetermined that approval to use these tank cars in flammable liquid service is not required, but\nthe requirements of Title 49 Code of Federal Regulations Section I 79.18, Thermal protection\nsystems, must be met. Specifically, the tank cars must meet either a performance standard as\nverified by a thermal analysis (see§ 179.18(b)) or be equipped with a thermal protection system\nthat no longer requires verification (see§ l 79.18(c)). After reviewing the information submitted,\nwhich included the results of thermal analyses, FRA and PHMSA have determined that the tank\ncar thermal protection system in question has been analyzed in accordance with§ 179.18(b), and\ntherefore may be used in flammable liquid service as a DOT-1 l 7R provided that each car\nsatisfies all the specification requirements for DOT-l 17R set forth in §179.202-13.\nIf you have any questions, the point of contact is Mr. Kurt Eichenlaub, Acting Staff Director,\nHazardous Materials Division. Mr. Eichenlaub can be reached at (202) 493-6050 or\nKurtEichenlaub@dot.gov.\nSincerely,\nThomas J. Hemnann\nDirector, Office of Technical Oversight\n\n<<>>\n\n(1;\\ ASSOCIATION OF\n'AJ AMERICAN RAILROADS\nSafety and Operations\nKenneth B. Dorsey\nExecutive Director Tank Car Safety\nMr. Shane R. Kelley\nDirector, Office of Standards and Rulemaking\nOffice of Hazardous Materials Safety\nPipeline and Hazardous Materials Safety Administration\nUnited States Department of Transportation\n1200 New Jersey Avenue SE\nEast Building, PHH-10\nWashington, DC 20590-0001\nSubject: Request for Interpretation\nDear Mr. Kelley:\nAAR is seeking clarification of three issues related to the 49 CFR Part 179, Subpart D\nspecifications for DOT-111 and DOT-117 tank cars. We respectfully request that you\nexpedite your response to the extent practicable.\nThe first question relates to time limitations for conversions of DOT-111 tank cars into\nDOT-117R tank cars. MR has received approval requests for conversion of DOT-111\ntank cars constructed after October 1, 2015 to DOT-11 ?R cars. It seems apparent that\nsuch requests circumvent DOT's regulatory intent in establishing a new, safer standard.\nTitle 49 CFR 174.310(a)(4) provides that:\n\"[a]fter October 1, 2015, tank cars manufactured for use in a HHFT must meet: (i)\nDOT Specification 117, or 117P performance standard in part 179, subpart D of\nthis subchapter; or (ii) An authorized tank specification as specified in part 173,\nsubpart F of this subchapter.\nTo allow manufacturers to build new DOT-111 cars and convert them to DOT-117Rs\nwould provide a disincentive to the adoption and manufacture of the DOT-117 standard\ncars, which provide superior safety benefits.\n1. AAR requests an interpretation on whether DOT-111 cars built after\nOctober 1, 2015, are ineligible to be retrofitted to DOT-117R or P class. We\nexpect that the answer is yes, which would also provide regulatory\nconsistency with Canadian standards. 2\n1 See TP-14877 2015, 8.3 .25.2eii (available at https://www.tc.gc.ca/eng/td g/publications-tp 14877-1 1 64 .htm1#8-3-\ngeneral-requirements)\n425 Third Street, SW I Washington, DC 20024 I P (202) 639-2262 I F (202) 639-2930 I KDorsey@aar.org\n\n<<>>\n\nPage 1 2\nNext, AAR is also seeking guidance regarding documentation to approve as DOT-117R\ntank cars built as jacketed DOT-111 cars and equipped with only fiberglass insulation.\nUnder 49 CFR 179.4(a), AAR's Executive Director of Tank Car Safety is charged with\ngranting approval for the alteration of DOT specification tank cars. The thermal\nprotection requirements for DOT-117R are set forth in 49 CFR 179.202-13(e), which\nrequires that tank cars employ a thermal protection system that complies with 49 CFR §\n179.18. The 179.18 section establishes a requirement that thermal protection systems\nnot included on a list referenced in 179 .18( c) must provide documentation of a thermal\nanalysis to show that they are capable of achieving a performance standard. In the\ncase of DOT-117R conversions for jacketed cars equipped with fiberglass insulation,\nthey met the standards when they were built to the DOT-111 specification, but the\nthermal protection system is not on the 49 CFR 179.18(c) approved list.\nAdditionally, Transport Canada (TC) guidance for previously jacketed DOT-111 class\ncars equipped with only fiberglass insulation indicates that only cars meeting the\nrequirements of CPC-1232 will be considered for a temporary certificate. AAR requests\nthat DOT harmonize the domestic requirements with those of TC in-order to avoid\ndisrupting international commerce.\n2. Accordingly, for conversions of jacketed DOT-111 tank cars equipped with\nonly fiberglass insulation to DOT-117 specification cars, are applicants\nrequired to provide documentation of a worst case thermal analysis for\ncrude oil and ethanol to show that they are capable of achieving the 49 CFR\n179.1 B(a) performance standard?\nFinally, AAR is requesting an interpretation on how to determine the allowable tank\nplate thickness standard for a DOT-117 class car. AAR is seeking ","truncated":true,"body_characters":43568}