{"operation":"document","citation":"22-0082","title":"TMC Engineering Services Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2022-09-23","effective_on":null,"summary":"22-0082 response to TMC Engineering Services Inc. concerning 179.7.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0082.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0082.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0082","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/76766/220082_1.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nSeptember 23, 2022\nR.G. Ashton\nDirector of Quality Assurance and Regulatory Compliance\nTMC Engineering Services Inc.\n2335 Wadsworth Street\nHouston, TX 77015\nReference No. 22-0082\nDear Mr. Ashton:\nThis letter is in response to your August 15, 2022, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to tank car facility\nprocedures and recordkeeping. You describe a scenario in which certain documents (e.g., quality\nassurance program policies and procedures, AAR approvals, tank car owner’s acceptance\ncriteria, engineering drawings, etc.) are maintained in an electronic database at the tank car\nfacility. Furthermore, you state that the electronic database is easily accessible to employees at\ndesignated computers throughout the tank car facility. You ask whether these documents—which\nare maintained in the specified electronic database format—meet the requirements of\n§ 179.7(b)(5) and (d).\nThe answer is yes. Although the provisions in § 179.7 refer to written procedures, they are not so\nrestrictive that the procedures must be provided in paper form—rather the reference to written\nprocedures is to ensure a permanent record for use of the procedures. A tank car facility may\nmaintain the documents required by § 179.7 in an electronic or paper format. Please note that\nwhichever format is implemented, the tank car facility is responsible for ensuring that the\ndocuments are both stored properly and accessible for use by employees—ensuring work on the\ntank car conforms to the specification, AAR approval, and owner’s acceptance criteria.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<>>\n\nPatrick\n22-0082\nFrom: INFOCNTR (PHMSA)\nTo: Subject: Date: Dodd, Alice (PHMSA); Hazmat Interps\nFW: Mr. Shane Kelly Request Letter of Interpretation (179.7)\nMonday, August 15, 2022 4:32:25 PM\nAttachments: 081522-80 Request LOI.pdf\nHello Alice,\nPlease see the request for an LOI below. Thank you.\nRachel (HMIC)\nFrom: R.G. Ashton \nSent: Monday, August 15, 2022 9:58 AM\nTo: PHMSA HM InfoCenter \nSubject: Mr. Shane Kelly Request Letter of Interpretation (179.7)\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nR.G. Ashton\nDirector of Quality Assurance and Regulatory Compliance\nTMC Engineering Services Inc.\n2335 Wadsworth Street\nHouston, TX 77015\nOffice: 281-452-1541 Ext 21\nMobil: 281-900-9212\nFax: 281-452-5269\nWebsite: www.tmces.com\n\n<<>>\n\nTMC ENGINEERING SERVICES INC.\nMemo\nFile No. 081422-80\nShane Kelley\nDirector, Standards and Rulemaking Division\nU.S. DOT/PHMSA (PHH-10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nRequest Letter of Interpretation: HMR 49 CFR Parts 171-180, 179.7 (12)(d)\nMr. Kelly,\nTMC Engineering Service Inc. (TMC) request a letter of interpretation regarding the applicability of Part 179 of\nthe Hazardous Materials Regulations [HMR 49 CFR Parts 171-180] specifically 179.7 (12)(d) which in part states,\neach tank car facility shall provide written procedures to its employees to ensure that the work on the tank car\nconforms to the specification, AAR approval, and owner’s acceptance criteria. TMC provide employees;\nphysical, paper-based printed work orders (job-traveler) including forms to sign-off completed task(s), also\nincluded are instructions, the title and identification of the procedure to use per the inspection and test plan.\nAdditionally, the Quality Assurance Department controls and maintains electronic/digitized formatted procedures,\nreports, and forms on the TMC’s NAS [Network-Attached Storage] share drive. The NAS drive contains the TMC\nQAP manual policies and procedures, AAR approvals, tank car owner’s acceptance criteria, engineering drawings,\nrelevant and essential documents for specific task(s). All employees can easily obtain and read this information\nfrom available computers located at designated work cell locations. Except, to the extent that 179.7 (12)(5) neither\nmentions nor impart the use of digitized electronic written procedures. Notwithstanding, our question than is\nwhether today’s widely adopted technologies such as digitized electronic written procedures (as mentioned above)\nin compliance with 179.7 (12)(5)?\nPlease contact me if you have any further questions.\nRespectfully Submitted\nR.G. Ashton\nDirector of Quality Assurance and Regulatory Compliance\nTMC Engineering Services Inc.\n2335 Wadsworth Street\nHouston, TX 77015\nOffice: 281-452-1541 Ext 21\nMobil: 281-900-9212\nFax: 281-452-5269\nWebsite: www.tmces.com","truncated":false,"body_characters":4974}