{"operation":"document","citation":"23-0054","title":"Union Tank Car Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2023-09-21","effective_on":null,"summary":"23-0054 response to Union Tank Car Company concerning 179.100, 179.200.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0054.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0054.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0054","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/77901/230054.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nSeptember 21, 2023\nJon Schultz\nDirector of Fleet Engineering\nUnion Tank Car Company\n175 W. Jackson Blvd.\nSuite 2100\nChicago, IL 60604\nReference No. 23-0054\nDear Mr. Schultz:\nThis letter is in response to your June 22, 2023, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the requirements in Part 179\nfor tank car jackets and jacket flashing. In your email, you describe several methods that you\nbelieve could potentially be used to manufacture and repair flashed openings in tank car jackets:\n1. Fillet weld of faying jacket sheets;\n2. Intermittent fillet weld of faying jacket sheets (known as a skip weld) and sealant\ncaulking;\n3. Non-welded joint consisting of faying jacket sheets with fasteners and gasket or sealant\ncaulk to form a shedding barrier to prevent ingress of weather past the jacket opening; or\n4. Non-welded slip joint consisting of faying jacket sheets that overlap that allow for\nexpansion and contraction of faying surfaces.\nSpecifically, you ask whether the methods identified here are appropriate to meet the\nrequirements for tank car jackets in §§ 179.100-4(a) or 179.200-4(a).\nThe answer is that a tank car jacket is in compliance with §§ 179.100-4(a) or 179.200-4(a) if it is\nmetal, not less than 11 gauge thick, and flashed around all openings so as to be weather-tight.\nNote that tank car jacket patches must have 100% welding around the jacket sheet edges and the\njacket patch repair must be in compliance with the original tank car design approval. We further\n\n<<<PAGE 2>>>\n\nemphasize that tank car jacket patches may not be secured without 100% welding around the\njacket patch. For example, the skip weld and caulk method described in option #2 above would\nnot be an acceptable method, unless otherwise authorized by a DOT Special Permit.\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<<<PAGE 3>>>\n\nPatrick\n23-0054\nFrom: Kelley, Shane (PHMSA)\nTo: Hazmat Interps\nCc: DerKinderen, Dirk (PHMSA); Patrick, Eamonn (PHMSA)\nSubject: FW: Union Tank Car Company Letter of Interpretation Request\nDate: Thursday, June 22, 2023 11:35:23 AM\nAttachments: image001.png\nUnion Tank Car Company Jacket Flashing LOI Request.pdf\nPlease process as an interp\nThank you\nFrom: Jonathan M Schultz <SchultzJ@utlx.com>\nSent: Thursday, June 22, 2023 11:33 AM\nTo: Kelley, Shane (PHMSA) <shane.kelley@dot.gov>\nSubject: Union Tank Car Company Letter of Interpretation Request\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.\nMr. Kelley,\nUnion Tank Car is seeking a letter of interpretation regarding 49 C.F.R. §179.100-4(a) and 49 C.F.R.\n§179.200-4(a). Please see our formal request attached here.\nSincerely,\nJon Schultz | Director of Fleet Engineering\nUnion Tank Car Company | A Marmon/Berkshire Hathaway Company\n175 W. Jackson Blvd. | Suite 2100 | Chicago, IL 60604\nP: 312-431-2708 | schultzj@utlx.com| www.utlx.com\n\n<<<PAGE 4>>>\n\n175 W. Jackson Blvd., Suite 2100\nChicago, IL 60604\nutlx.com\nJune 22, 2023\nMr. Shane Kelley\nDirector, Standards and Rulemaking Division\nU.S. DOT/PHMSA\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nDear Mr. Kelley,\nI am writing to request a letter of interpretation regarding 49 C.F.R. §179.100-4(a) and 49 C.F.R.\n§179.200-4(a), specific to the following requirement:\n“The entire insulation must be covered with a metal jacket of a thickness not less than 11 gauge\n(0.1196 inch) nominal (Manufacturer's Standard Gauge) and flashed around all openings so as\nto be weather tight.”\nThese sections are prescriptive that the jacket material must be at least 11-gauge metal but\nnon-prescriptive as to the method of ensuring the openings are flashed as weather tight. 49\nC.F.R. §171.8 does not provide definitions for the language of weather tight and flashed. Based\non the webster dictionary, flashing1 is sheet metal used in waterproofing (as at roof valleys or\nhips or the angle between a chimney and a roof). Weathertight2 is descriptive as proof against\nwind and rain.\nTypical manufacturing and repair methods of flashed openings of tank jackets include methods\nof:\n• Fillet weld of faying jacket sheets\n• Intermittent fillet weld of faying jacket sheets (skip weld) and sealant caulking\n• Non-welded joint consisting of faying jacket sheets with fasteners and gasket or sealant\ncaulk to form a shedding barrier to prevent ingress of weather past the jacket opening.\n• Non-welded slip joint consisting of faying jacket sheets that overlap that allow for\nexpansion and contraction of faying surfaces.\n1 “Flashing.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/flashing. Accessed 15 Jun.\n2023.\n2 “Weathertight.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/weathertight. Accessed\n15 Jun. 2023.\n\n<<<PAGE 5>>>\n\n175 W. Jackson Blvd., Suite 2100\nChicago, IL 60604\nutlx.com\nDo the methods described above satisfy the requirements of 49 C.F.R. §179.100-4(a) and 49\nC.F.R. §179.200-4(a) for flashing the jacket openings to a weather tight condition?\nSincerely,\nJon Schultz\nDirector of Fleet Engineering","truncated":false,"body_characters":5546}