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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #05-0109 ([GATX Rail] [Mr. Doug Mullins])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: GATX Rail

Individual Name: Mr. Doug Mullins

Location State: IL Country: US

View the Interpretation Document

Response text:

Mar 27, 2006

 

Mr. Doug Mullins                      Reference No. 05-0109
GATX Rail
500 West Monroe
Chicago, IL 60661

Dear Mr. Mullins:

This is in response to your letter and telephone conversation with a member of my staff asking how to apply the requirements prescribed in § 173.31(f)(1) and (f)(2) under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). This section requires a tank car loaded with two or more hazardous substances listed under § 173.31(0(2) to conform to a limited design specification with greater protection in accidents. You asked about the applicability of this section to shipments of hazardous substances mixed with other materials, including other hazardous substances. We apologize for the delay in responding and any inconvenience this may have caused.

When one material listed in § 173.31(f)(2) is transported in a tank car, whether alone or in combination with other materials, and that one material meets the definition in § 171.8 for a hazardous substance, the tank car must be pressure tested to at least 13.8 Bar (200 psig) and be equipped with head protection and a metal jacket (see § 173.31(f)(1)). If a tank car contains more than one material listed in § 173.31(f)(2) but none of the materials is present in an amount that meets the definition of a hazardous substance, the tank car is not required to conform to the requirements in § 173.31(f)(1). A material is a hazardous substance when transported in a single package in an amount that equals or exceeds the reportable quantity for that material listed in Table 1 of § 172.101, Appendix A. In addition to this requirement, if the material is in a mixture, it must be present in the tank car in an amount that equals or exceeds the corresponding concentration by weight for that material’s reportable quantity. Each material listed in Table 1 of § 172.101., Appendix A, must be considered individually to determine whether or not it meets the definition of a hazardous substance under the HMR.

Please not that when transporting the hazardous substances listed in § 173.3 1(f)(2), the tank car need not conform to the requirements in § 173.31(f)(1) if the following conditions are met:

  • The tank test pressure is 23.4 Bar (340 psig) or higher, or the tank shell and heads are constructed of AAR steel specification TC-128, normalized;
  • A higher test pressure is required for the tank car in another section of the HMR; and,
  • Excluding tank cars conforming to the scheduling and progress reporting requirements prescribed in § 173.31(b)(6), the tank car conforms to the requirements for transporting a hazardous substance in effect on June 30, 1996, and is no longer used after July 1, 2006.Tank cars that comply with the § 173.3 1(b)(6) scheduling and progress reporting requirements may continue to be used to transport hazardous substances after July 1, 2006. See § 173.31(f )(1)(i), (f)(1)(ii), and (f)(f)(1)(iii).

I hope this information is helpful.

Sincerely,

 

Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards

173.31(f)(1), 173.31(f)(2)

Regulation Sections