{"operation":"document","citation":"21-0005","title":"Rescar Companies — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2021-04-21","effective_on":null,"summary":"21-0005 response to Rescar Companies concerning 179.7, 180.509, 180.513.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0005.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0005.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0005","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/74936/210005.pdf","body":"<<>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nApril 21, 2021\nJ. Andrew Schaffer\nExecutive Vice President\nRescar Companies\n900 Oklahoma Salem Road\nDuBois, PA 15801\nReference No. 21-0005\nDear Mr. Schaffer\nThis letter is in response to your January 21, 2021, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the requirements\nfor a Quality Assurance Program (QAP) for tank service equipment maintenance, repair,\nremoval, and replacement. Specifically, you ask whether the original tank car service equipment\ndrawings provided to the Association of American Railroads (AAR) by the component\nmanufacturers during the approval process for tank car service equipment must be obtained by\nthe repair facility under § 179.7(b)(3) and (6), or if the monitoring and control of processes and\nproduct characteristics during tank car service equipment maintenance, repair, removal, and\nreplacement as specified in §§ 180.509(k) and 180.513(b) may fulfill these requirements.\nSection 179.7(a) requires tank car facilities to have a QAP approved by AAR that (1) ensures the\nfinished product conforms to the requirements of the applicable specification and regulations of\nthis subchapter; (2) has the means to detect any nonconformity in the manufacturing, repair,\ninspection, testing, and qualification or maintenance program of the tank car; and (3) prevents\nnon-conformities from recurring. Pursuant to § 179.7(b), the QAP must have certain elements,\nto include “[p]rocedures to ensure that the latest applicable drawings, design calculations,\nspecifications, and instructions are used in manufacture, inspection, testing, and repair” as\nspecified in paragraph (3). As such, these elements are necessary to meet the requirements of\nboth § 179.7(a) and (b) and to ensure the maintained and repaired tank cars conform to the\nspecification to which they were originally manufactured.\nSection 179.7(d) states that each tank car facility shall provide written procedures to its\nemployees to ensure that the work on the tank car conforms to the specification, AAR approval,\nand owner’s acceptance criteria. In the absence of the latest applicable specification drawings,\nwritten procedures may be acceptable for this purpose provided they are appropriately detailed\nand include all the information necessary to ensure the tank car service equipment and,\n\n<<>>\n\nsubsequently, the tank cars conform to the specification to which they were originally\nmanufactured. If a tank car facility relies on written procedures alone, without associated\ndrawings and specifications, they must ensure that the instructions are developed utilizing an\nAAR approved design(s). The instructions must contain enough information that any\nnonconformity in the tank car or equipment can be identified, remedied, and prevented from\nrecurring in accordance with § 179.7(a). This is determined on a case-by-case basis and subject\nto the tank car and service equipment specifications.\nFinally, please note that §§ 180.509(k) and 180.513(b), and § 179.7(b)(3) and (6) are\ncomplementary requirements. Therefore, compliance with §§ 180.509(k) and 180.513(b) may\nnot be viewed as creating an exception from any of the QAP requirements in § 179.7.\nI hope this information is helpful. Please contact us if we may be of further assistance.\nSincerely,\nShane C. Kelley\nDirector, Standards and Rulemaking Division\nOffice of Hazardous Materials Safety\n\n<<>>\n\nBallengee\n21-0005\nFrom: INFOCNTR (PHMSA)\nTo: Hazmat Interps\nSubject: FW: Request for Interpretation of 49 CFR §179.7 (b) (3) and (b) (6) Quality Assurance Program\nDate: Monday, January 25, 2021 4:46:37 PM\nAttachments: PHMSA Letter of Interpretation 179.7.b.3 and 6 - 01.21.2021JAS.docx\nHello,\nPlease see attached for letter of interpretation request.\nThank you,\nKathryn\nFrom: Andy Schaffer [mailto:aschaffer@rescar.com]\nSent: Thursday, January 21, 2021 4:08 PM\nTo: INFOCNTR (PHMSA) \nCc: Jay Standish ; Susan Schieszler ; Dan Madock\n\nSubject: Request for Interpretation of 49 CFR §179.7 (b) (3) and (b) (6) Quality Assurance Program\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or\nopen attachments unless you recognize the sender and know the content is safe.\nTo Whom it Mat Concern:\nPlease see the attached letter requesting an Interpretation of 49 CFR §179.7 (b) (3) and (b) (6)\nQuality Assurance Program.\nPlease call if you have any questions or need additional information.\nSincerely;\nAndy Schaffer\nJ. Andrew Schaffer\nExecutive Vice President\nRescar Companies\n900 Oklahoma Salem Rd.\nDuBois, PA. 15801\nCell = 814-771-4621\nEmail = Aschaffer@rescar.com\n\n<<>>\n\nBallengee\n21-0005\nJanuary 21, 2021,\nMr. Shane Kelley\nDirector, Standards and Rulemaking Division\nU.S. DOT/PHMSA (PHH-10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nSUBJECT: Request for Interpretation of 49 CFR §179.7 (b) (3) and (b) (6) Quality Assurance\nProgram\nMr. Kelley:\nRescar Companies (Rescar) is requesting a formal letter of interpretation regarding the\napplicability 49 CFR § 179.7 (b) (3) and (b) (6) as they relate to the maintenance, repair, removal and\nreplacement of tank car service equipment.\nDuring recent inspections at several of our tank car repair facilities, Association of American\nRailroads (AAR), Bureau of Explosives auditors, have issued findings stating that the repair facilities\nhave violated 49 CFR § 179.7 (b) (3) and (b) (6) by failing to obtain tank car service equipment\ndrawings that were submitted to the AAR as part of the AAR Applications for Approval process: 4-3,\nPressure Relief Device; 4-5, Valves, Closures and Fittings; and 4-7, Application for Renewal of\nApproval for Pressure Relief Devices, Valves, Closures and Fittings pursuant to the AAR Specification\nfor Tank Cars, M-1002, Section C-III, Chapter 1, sections 1.4.5 – 1.4.8 when performing tank service\nequipment maintenance, repair, removal and replacement. Apparently, AAR auditors believe these\noriginal drawings are required to perform this work under 49 CFR § 179.7 (b) (3) and (b) (6).\n49 CFR §179.7 Quality Assurance Program, Section (b) states “At a minimum, the quality\nassurance program must have the following elements…”\n(3) “Procedures to ensure that the latest applicable drawings, design calculations, specifications,\nand instructions are used in manufacture, inspection, testing, and repair.”\n(6) “Monitoring and control of processes and product characteristics during production.”\nUnder 49 CFR § 180.513 (b), tank car repair facilities are required to perform repairs and\nqualification of tank car service equipment per the requirements and criteria dictated by the equipment\nowner. Equipment owners typically supply this information in the form of the original equipment\nmanufacturer (OEM) inspection, maintenance and repair instructions, that include the required\ncharacteristics to inspect, drawings, sketches, and acceptance criteria for the maintenance and\nqualification of tank car service equipment components being serviced.\n\n<<>>\n\nAs a result of past AAR audit findings, Rescar has contacted multiple valve/component\nmanufacturers requesting the drawings that are listed on an AAR 4-3, 4-5, and 4-7 forms, and in all\ncases, the manufacturers refused to provide the drawings on the basis that they are proprietary in nature.\nWe have also contacted several equipment owners, and all have stated that they do not have these\ndrawings either. Lastly, we contacted Mr. Ken Dorsey of the AAR asking for assistance / guidance on\nhow to proceed when the valve manufacturers are refusing to provide the drawings. Mr. Dorsey\nresponded that the AAR is aware of the issue and will need further AAR and DOT discussion to\ndetermine when the original OEM drawings will be required and how they will be obtained.\nDue to the fact that Rescar has received multiple audit findings for violation of 49 CFR §179.7\nQuality Assurance Program, subsection (b)(3) and (b)(6), Rescar is seeking an interpretation from\nPHMSA on whether the drawings provided to the AAR by the component manufacturers during the\nAAR approval process for tank car service equipment are required to be obtained by the repair facility\nunder 49 CFR §179.7 Quality Assurance Program, subsection (b)(3) and (b)(6), or if the monitoring and\ncontrol of processes and product characteristics during tank car service equipment maintenance, repair,\nremoval and replacement as specified in 180.513(b) and 180.509(k) fulfill the requirements of the cited\nsections.\n180.513(b)\n“… the tank car facility must use the written instructions furnished by the\nowner or have written confirmation from the owner allowing the use of\nwritten instructions furnished by the owner or have written confirmation\nfrom the owner allowing the use of written instructions furnished by\nanother.”\n180.509(k)\n(2) Each tank car facility must qualify service equipment, including\nreclosing pressure relief devices and interior heater systems in accordance\nwith the applicable provisions of Appendix D of the AAR Specifications\nfor Tank Cars (IBR, see §171.7 of this subchapter).\nRescar appreciates your time regarding this matter and looks forward to your response.\nSincerely;\nJ. Andrew Schaffer\nExecutive Vice President\nRescar Companies\n900 Oklahoma Salem Rd.\nDuBois, PA. 15801\naschaffer@rescar.com\n814-771-4621","truncated":false,"body_characters":9597}