{"operation":"document","citation":"21-0039","title":"Tank Car Safety — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2021-07-19","effective_on":null,"summary":"21-0039 response to Tank Car Safety concerning 179.24, 179.5, 179.6, 180.503.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0039.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0039.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0039","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/75671/210039.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nJuly 19, 2021\nMr. Kenneth Dorsey\nExecutive Director of Tank Car Safety\n425 3rd St SW\nWashington, DC 20024\nReference No. 21-0039\nDear Mr. Dorsey:\nThis is in response to your April 13, 2021, letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to identification plates on rail\ntank cars. Your questions are paraphrased and answered below.\nQ1: You seek clarification as to which modifications to a rail tank car would require the use\nof a variable identification plate as described in § 179.24(a)(3) of the HMR. Specifically,\nyou ask whether the term “modification” as referenced in § 179.24(a)(3) is intended to\nhave the identical meaning as the term “modification” as defined in § 180.503.\nA1: The answer is no. Section 180.503 defines a “modification” as “any change to a tank car\nthat affects the certificate of construction prescribed in § 179.5, including an alteration\nprescribed in § 179.6, or conversion.” Section 179.24(a)(3) states that when a\nmodification to the tank changes any of the information shown in paragraph (a)(2) of\n§ 179.24, the car owner or the tank car facility making the modification must install an\nadditional variable identification plate on the tank in accordance with § 179.24(a)(1) and\nstamp, emboss, or otherwise mark the information identified in § 179.24(a)(3)(i)-(ii).\nTherefore, it is the opinion of this Office that a modification as described in § 180.503\nwould not always necessitate a modification as described in § 179.24(a)(3).\nQ2: You seek confirmation that the tank car’s identification plate required in § 179.24(a)(2) is\nused to indicate the configuration of the tank car at the time it entered service and that the\nadditional variable identification plate required in § 179.24(a)(3) is used to record\nchanges to that tank car’s original configuration.\nA2: Your understanding is correct.\n\n<<>>\n\nFinally, your letter notes that § 179.24(a)(3) establishes that an additional variable identification\nplate must show—among other requirements—all of the items in § 179.24(a)(2) that were\nmodified. In addition, § 179.24(a)(2)(iv) requires the original identification plate include the\n“specification to which the tank was built from line 7 of Association of American Railroads\n(AAR) Form 4-2.” However, you note that a modification that would trigger a change to a tank\ncar’s Department of Transportation (DOT) specification occurs through AAR-established\nprocesses by way of change to the stencil specification in line 8 of the AAR Form 4-2, not line 7\nas referenced in § 179.24(a)(2)(iv). You add that the information required in § 179.24(a)(2)(iv)\nwill never change on an AAR Form 4-2. PHMSA appreciates AAR bringing this information to\nour attention and will take your comments into consideration.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<>>\n\nAndrews\n21-0039\nFrom: Kelley, Shane (PHMSA)\nTo: INFOCNTR (PHMSA); Hazmat Interps; Foster, Glenn (PHMSA); DerKinderen, Dirk (PHMSA); Nickels, Matthew\n(PHMSA); Ballengee, Lily (PHMSA); Patrick, Eamonn (PHMSA)\nSubject: Fwd: Request\nDate: Tuesday, April 13, 2021 10:23:39 AM\nAttachments: Request for Interp 4-9.doc\nFor processing as an interp. Thanks\nFrom: Dorsey, Ken \nSent: Tuesday, April 13, 2021 10:18:20 AM\nTo: Kelley, Shane (PHMSA) \nCc: St. Peter, Joseph \nSubject: Request\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.\nMr. Kelley\nPlease find the attached request for interpretation regarding 49 C.F.R. 179.24.\nKenneth Dorsey\nExecutive Director of Tank Car Safety\n425 3rd\nSt SW\nWashinton DC 20024\n202-639-2262\n\n<<>>\n\nASSOCIATION OF\nAMERICAN RAILROADS\nAndrews\n21-0039\nSafety and Operations\nKenneth B. Dorsey\nExecutive Director - Tank Car Safety\n4/13/2021\nMr. Shane C. Kelley\nDirector, Office of Standards and Rulemaking Office of Hazardous Materials Safety\nPipeline and Hazardous Materials Safety Administration\nUnited States Department of Transportation\n1200 New Jersey Avenue SE East Building, PHH-10\nWashington, DC 20590-0001\nSubject: Request for Interpretation 49 C.F.R. § 179.24\nDear Mr. Kelley:\nAAR is requesting an interpretation of the requirements of 49 C.F.R. § 179.24(a)(3). First, AAR is requesting\nguidance on DOT’s intent the intent regarding the additional variable identification plate contemplated by that\nsection, and what “modifications” would require use of a variable identification plates. We are requesting\nconfirmation that term “modification” in § 179.24(a)(3) is intended to have the same meaning as the definition of\nthat term at 49 C.F.R. § 180.503, which states that a “modification” means “\n. . . any change to a tank car that\naffects the certificate of construction prescribed in §179.5, including an alteration prescribed in §179.6, or\nconversion.”\nNext, AAR would like confirmation of its understanding that a tank car’s identification plate under § 179.24(a)(2)\nwould indicate the configuration of the tank car at the time it entered service, and that the additional variable\nidentification plate required § 179.24(a)(3) should be used to record changes to that tank car’s original\nconfiguration. AAR’s understanding is that the additional identification plate would be used to provide\ninformation that would be of use to responders or anyone else that needed to know the features of the tank car\ntank.\nFinally, §179.24(a)(3) establishes that an additional variable identification plate must show, among other\nrequirements, “[a]ll items in paragraph (a)(2) of this section that were modified . . . .” Section\n179.24(a)(2)(iv) describes that the “specification to which the tank was built from line 7 of AAR form 4-\n2.“ is one of the items that must be included on the original identification plate. AAR notes here,\nhowever, that a modification that would trigger a change to a tank car’s DOT specification occurs\nthrough AAR-established processes by way of change to the Stencil Specification in line 8 of the AAR\nForm 4-2, not the line 7 referenced in §179.24(a)(2)(iv). Further, the information contemplated in §\n179.24(a)(2)(iv) will never change on an AAR Form 4-2.\nThank you for your consideration in this matter, and please contact me if you have any questions\nregarding this request.\n\n<<>>\n\nRespectfully Submitted,\nK.B. Dorsey\nSafety and Operations\n425 3rd Street, SW Suite 1000, Washington, D.C. 20024\nPhone (202) 639-2262; FAX (202) 639-2930; e-mail kdorsey@aar.org","truncated":false,"body_characters":6899}