Interpretation Response #24-0006
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Veolia North America
Individual Name: Jennifer Fletcher
Location State: NJ Country: US
View the Interpretation Document
Response text:
May 2, 2024
Jennifer Fletcher
Director, Transportation Compliance
Veolia North America
1 Eden Lane
Flanders, NJ 07836
Reference No. 24-0006
Dear Ms. Fletcher:
This letter is in response to your January 18, 2024, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as it relates to the Fixing America's Surface Transportation Act of 2015 (FAST Act; P. Law 114-94, Section 7304) phase-out of DOT Specification 111 tank cars in flammable liquid service. In your email, you note that both the FAST Act and the HMR have a phase-out date for Packing Group (PG) II / III Class 3 flammable liquids; however, the HMR does not include a phase-out date for dual-hazard Class 3, PG II materials assigned § 173.243 for authorized packaging. Specifically, you ask for clarification regarding the appropriate phase-out date for the dual-hazard material "UN2924, Flammable liquids, corrosive, n.o.s., 3, PG II."
The applicable phase-out date for transporting DOT-111 tank cars containing Class 3, PG II dual-hazard materials is May 1, 2029, which is the phase-out date required by the FAST Act, and is consistent with the phase-out dates in packaging sections §§ 173.241 and 173.242 assigned to other Class 3, PG II and III materials. We appreciate you bringing this matter to our attention and acknowledge the May 1, 2029, phase-out date is not currently referenced in the bulk packaging section of the HMR that applies to dual-hazard materials. PHMSA plans to address this in a future rulemaking.
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
173.241, 173.242, 173.243