Columbiana Boiler Company, LLC — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 1200 New Jersey Avenue, SE Washington, DC 20590 Materials Safety Pipeline and Hazardous Administration OCT 2 6 2018 Tina Cousins Product Manager Columbiana Boiler Company, LLC 200 West Railroad Street Columbiana, OH 44408 Reference No. 18-0116 Dear Ms. Cousins: This letter is in response to your August 16, 2018, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the authorized use of tank cars for the transportation of certain poisonous by inhalation (PIH) materials. Specifically, you ask whether "UN1067, Dinitrogen tetroxide, inhibited, 2.3," may be shipped in a Department of Transportation (DOT) 110 multi-unit tank car tank under the provisions in § 173.314(c). You reference a final rule published on January 13, 2009 (74 FR 1787; HM-246) in which the preamble states, "Multi-unit tank car tanks and forged-welded tank car tanks (e.g., DOT 106, DOT 109, and DOT 110) may continue to be used as authorized." The answer is yes. "UN1067, Dinitrogen tetroxide, inhibited, 2.3," may be shipped in a DOT 110 multi-unit tank car tank under the provisions in § 173.314(c). Note 11 was added to the § 173.314(c) table to clarify that for tank cars built prior to March 16, 2009, and used to transport PIH materials, the then-current class of authorized tank cars may continue to be used, provided the tank cars were approved by the AAR Tank Car Committee for transportation of the specified material. DOT 110 multi-unit tank car tanks were authorized for dinitrogen tetroxide at that time. Multi-unit tank car tanks and forged-welded tank car tanks (e.g., DOT 106, DOT 109, and DOT 110) were not affected by the 2009 final rule and may continue to be used as authorized. Thank you for bringing this typographical error to our attention. We intend to correct it in a future rulemaking action. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2INVERPRETATION LETTERS Requester Tina Cousins Date Received: 8/20/2018 Company Columbiana Boiler Company, LLC Tracking 18-0116 Phone 330-482-3373 ext 612 Revision Date: 8/20/2018 Date Assigned 8/20/18 Date of Letter 8/20/2018 Staff Stevens First Draft Due: 9|0|2018 Section First Draft Date Subject Concurrence Status Status Date 8/9/2018 Sign Date Signor Comment HBP Copy to Docket Copy to DHM-60 L#

Page 3stevens 18-0116 CBC August 16, 2018 Office of Hazardous Materials Safety Administration 1200 New Jersey Ave., S.E. East Building, 2nd Floor Washington, DC 20590-0001 RE: OFFICAL REQUEST FOR INTERPRETATION OF RULE MAKING PIH/TIH TANK CARS [74 FR 1770] Dear Associate Administrator, 44408, requests an interpretation for rulemaking PIH/TIH TANK CARS [74 FR 1770]. The Columbiana Boiler Company, LLC 200 West Railroad Street Columbiana, OH We feel this rulemaking that removed the DOT 110 multi-unit tank car tank specification from table 173.314 regarding the commodity of dinitrogen tetroxide is incorrect. Note B66 in 172.102 still authorizes stainless steel 110 multi-unit tank car tanks in the regulations and the change is only reflected in Part 173.314. Furthermore, we believe that the changes made apply to single unit tank car tanks only, not to multi-unit tank car tanks. Multi-unit tank car tanks are no longer included in the AAR Manual of Standards & Recommended Practices, Section C-111 Specification for Tank Cars M-1002. If you have questions or comments, please contact me at Ph. 330-482-3373 / E-mail: tinac@cbco.com Sincerely, Luva Cousis Tina Cousins Product Manager Columbiana Boiler Company, LLC 200 West Railroad Street, Columbiana, OH 44408 USA Tel 330-482-3373 Fax 330-482-3390 Email sales@cbco.com Web www.cbco.com#