Interpretation Response #19-0007
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Association of American Railroads
Individual Name: Robert E. Fronczak
Location State: DC Country: US
View the Interpretation Document
Response text:
October 9, 2019
Robert E. Fronczak
Association of American Railroads
425 Third Street SW, Suite 1000
Washington, DC 20024
Reference No. 19-0007
Dear Mr. Fronczak:
This letter is in response to your April 2, 2018, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding the phase-out schedule for DOT 111 specification tank cars in § 173.242. Specifically, you ask what is the definition of "ethanol".
On August 15, 2016, the Pipeline and Hazardous Safety Administration (PHMSA) issued a final rule to codify in the HMR certain mandates of the Fixing America's Transportation Act (FAST Act Sec. 7304). Specifically, the final rule, as required by the FAST Act, revised the phase-out schedule for all DOT-111 specification tank cars used to transport Class 3 flammable liquids, such as ethanol.
For purposes of the phase-out requirement for DOT-111 specification tank cars, "ethanol" means ethanol described under an appropriate proper shipping name, to include: “UN 1170, Ethanol or Ethanol solutions"; "NA 1987, Denatured alcohol"; "UN 1987, Alcohols" or "UN 3475, Ethanol and gasoline mixture or Ethanol and motor spirit mixture or Ethanol and petrol mixture, with more than 10% ethanol."
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division
173.242