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Interpretation Response #19-0094

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

Interpretation Response Details

Response Publish Date:

Company Name: Wells Fargo Rail

Individual Name: Robert Sech

Location State: IL Country: US

View the Interpretation Document

Response text:

December 6, 2019

Robert Sech
Wells Fargo Rail
9377 West Higgins Road
Suite 600
Rosemont, IL  60018

Reference No. 19-0094

Dear Mr. Sech:

This letter is in response to your July 22, 2019, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the inspection and testing requirements for tank car internal linings and coatings.

We have paraphrased and answered your questions as follows:

Q1. You ask whether the tank car owner or the internal lining/coating owner must maintain at its principal place of business a written procedure for collecting and documenting the performance of the coating or lining applied within the tank car for its service life, in accordance with § 180.509(i)(2).

A1. The requirement applies to the internal lining/coating owner.

Q2. You note that § 180.509(i)(3) states that the owner of the internal lining/coating is only required to provide the test method and acceptance criteria to the tank car owner and person responsible for the qualification of that internal lining/coating. You ask why the frequency of inspection was not included and whether the internal lining/coating owner is responsible for providing the full qualification and maintenance plan to the tank car owner or person responsible for qualification and maintenance of the internal lining/coating.

A2. Section 180.509(i)(3) is specific to persons performing inspection and testing of the internal lining/coating and the criteria therein. The requirement ensures that the tank car facility performing the test and inspection of the internal lining/coating is doing so in accordance with the internal lining/coating owner's determined requirements for service life, inspection and testing requirements.

Q3. You ask whether the requirement in § 180.511(e) applies to the tank car owner or the internal lining/coating owner.

A3. The requirement applies to the internal lining/coating owner.

Q4. You ask who is required to audit the person responsible for the qualification of the internal lining/coating.

A4. In accordance with § 180.509(a), each tank car owner must ensure that a tank car facility evaluates each item according to the acceptable results of inspections and test specified in § 180.511. Section 180.511 includes inspection and testing requirements for an internal lining/coating, if applicable. Therefore, a tank car owner must ensure that a tank car facility is performing the inspection and test requirements specified by the internal lining/coating owner.

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

180.509(i)(2), 180.509(i)(3), 180.511(e), 180.509(a), 180.511

Regulation Sections

Section Subject
180.509 Requirements for inspection and test of specification tank cars
180.511 Acceptable results of inspections and tests