{"operation":"document","citation":"19-0117","title":"Railway Supply Institute (RSI) — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-10-08","effective_on":null,"summary":"19-0117 response to Railway Supply Institute (RSI) concerning 171.1, 173.31, 179.2, 179.7, 180.509.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0117.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0117.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0117","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/72616/19-0117-response.pdf","body":"<<<PAGE 1>>>\n\n0\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nOctober 8, 2019\nMr. E. Michael O'Malley, President\nRailway Supply Institute (RSI)\n425 Third Street, SW, Suite 920\nWashington, DC 20024\nReference No. 19-0117\nDear Mr. O'Malley:\nThis letter is a follow-up to our September 13, 2019, meeting with you and your members\nregarding specific requirements of the Hazardous Materials Regulations (HMR; 49 CFR\nParts 171-180) applicable to rail tank car facilities. This response clarifies the\napplicability of tank car facility quality assurance programs (QAP), as well as regulations\nrelated to pre-trip inspections and internal linings and coatings. PHMSA, in conjunction\nwith FRA, is issuing this letter of clarification to clarify and revise previous\ncorrespondence issued by the Department. This letter of clarification supersedes previous\nletters Nos. 15-0124 and 18-0029.\nTank Car Component Manufacturers\nIn 2015, Salco Products asked PHMSA to clarify whether a manufacturer of components\nfor tank cars ( e.g., valves used for loading and unloading) would be considered a tank car\nfacility. In response, PHMSA issued letter No. 15-0124, stating a facility that\nmanufactures equipment that is attached to an opening on a tank_ car, including\ncomponents such as valves, is a tank car facility. ·\nIn 2018, the Railway Supply Institute (RSI) asked PHMSA a series of questions related\nto PHMSA's authority to regulate the manufacturers of components of specification\npackaging. PHMSA's letter No. 18-0029 affirmed letter No. 15-0124, and further stated\nthat a company that manufactured components for a DOT specification tank car would be\nsubject to the QAP requirements of§ 179.7.\n· PHMSA and FRA have reviewed letters Nos. 15-0124 and 18-0029, and determined that\nrequiring manufacturers of tank car components to .maintain QAPs that meet the\nrequirements of § 179. 7 is beyond the scope of the current requirements. The\nrequirements of the HMR apply to manufacturers of components of DOT specification\npackagings, as provided in § 171.1 ( a); however, tank car component manufacturers do\n\n<<<PAGE 2>>>\n\nnot meet the definition of a \"tank car facility,\" because they are not making a\n\"representation\" of the tank car's conformity as specified in § 179 .2.\nPHMSA and FRA have determined that an entity that qualifies a tank car is a tank car\nfacility and therefore must have an approved QAP, and we will continue to hold tank car\nfacilities responsible for ensuring compliance of all service equipment and any other\ncomponents. Furthermore, PHMSA and FRA will continue to monitor compliance\nthrough our standard process of inspection and enforcement.\nAs such, PHMSA will remove letters Nos. 15-0124 and 18-0029 from its website, and\nreplace them with this letter of clarification.\nPre-Trip Inspections\nAny person who offers a tank car for transportation is required to conduct a pre-trip\ninspection to ensure the tank car is in proper condition and safe for transportation, in\naccordance with § 173 .31. Pre-trip inspections commonly identify safety issues,\nincluding worn or unsuitable gaskets, manway bolts, fasteners, and secondary closures,\nwhich must be addressed before the tank car can be safely offered into transportation.\nOn December 21, 2018, PHMSA received a letter from the American Chemistry Council\n(ACC) requesting clarification. The letter asks whether facilities where tank cars are\noffered into transportation meet the definition of \"tank car facility\" in accordance with\n§ 179.2 and are therefore required to maintain a QAP that meets the requirements of\n§ 179.7. The answer is no.\nAs indicated above, a tank car facility is an entity that qualifies a tank car. A person who\noffers a hazardous material into transportation (offeror), on the other hand, is required to\nperform a pre-trip inspection to ensure a tank car is in proper condition for transportation\nfrom point of origin to destination. Offeror facilities that only perform pre-trip\ninspections of a tank car are not \"tank car facilities\" and not subject to the QAP\nrequirements of § 179. 7. However,· an offeror who engages in the qualification of a tank\ncar meets the definition of a tank car facility and is subject to all applicable regulations.\nInternal Linings and Coatings\nThe HMR prescribe requirements for the inspection of tank car linings in § 180.509(i).\nOn May 22, 2019, the ACC requested a letter of clarification on the applicability of the\ninspection requirements of§ 180.509(i). Specifically, ACC asked whether internal\nlinings and coatings used solely to protect product purity (i.e., they play no role in\nprotecting the tank from corrosion) are subject to the inspection requirements\n§ 180.509(i). The answer is no.\n2\n\n<<<PAGE 3>>>\n\nThe requirements of§ 180.509(i) apply only to internal tank car linings and coatings that\nare applied to protect the tank from a material that is corrosive or reactive to the tank.1 It\nis the responsibility of the internal lining or coating owner to ensure that the internal\nlining or coating is solely for product purity purposes.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nIJ~S~\nWilliam S. Schoonover,\nAssociate Administrator\nfor Hazardous Materials Safety\ncc:\nKarl Alexy - FRA\nPaul Roberti ~ PHMSA\nBill Quade - PHMSA\nMike Rush - AAR\nBob Fronzcak - AAR\nKen Dorsey - AAR\nCal Dooley - American Chemistry Council\nJeffrey Sloan-American Chemistry Council\nJack Isselmann - The Greenbrier Companies\n1 77 FR37962\n3","truncated":false,"body_characters":5594}