{"operation":"document","citation":"03-0101","title":"Transportation Safety Compliance Service — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2003-07-16","effective_on":null,"summary":"03-0101 response to Transportation Safety Compliance Service concerning 173.24.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0101.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0101.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-03-0101","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2003/030101.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n400 Seventh St., S.W.\nResearch and\nWashington, D.C. 20590\nSpecial Programs\nAdministration\nJUL 16 2003\nMr. Darwin D. Garvin\nRef No.: 03-0101\nTransportation Safety Compliance Service\n40085 C. R. 7\nCaldwell, Ohio 43724\nDear Mr. Garvin:\nThis is in response to your letter and your telephone conversation with Mr. Darral Relerford, of the\nOffice of Hazardous Materials Standards, concerning the transportation of sulfuric acid and the\nrequirements for inspectors of cargo tank motor vehicles under the Hazardous Materials Regulations\n(HMR; 49 C.R. Parts 171-180). Your questions are paraphrased and answered as follows:\nQ1.\nHow must a cargo tank be protected when transporting sulfuric acid in concentrations over\n65.25 percent?\nA1.\nAs stated in § 173.24(e), it is the responsibility of any person who offers a hazardous material\nfor transportation to ensure that the packaging is compatible with its lading. The need for\ncorrosion protection, it any, depends on the corrosion rate that a particular sulfuric acid\nconcentration would have on the cargo tank material of construction. As an example, high\nstrength sulfuric acid reacts with carbon steel at a very slow rate.\nQ2. Is the option for \"corrosive allowance\" only for concentration of sulfuric acid up to 65.25\npercent?\nA2.\nAny cargo tank may be built with corrosion allowance. However, Special Provision B15, that\napplies to sulfuric acid in concentrations up to 51 percent, and Special Provision B84, that\napplies to sulfuric acid in concentrations up to 65.25 percent, require the use of a cargo tank\nprotected with non-metallic lining impervious to the lading or with a suitable corrosior\nallowance. Also see § 178.345-3(c).\nQ3.\nMay a cargo tank motor vehicle manufacturer and repair facility that has authorization for the\nuse of the \"R\"stamp issued by the National Board of Boiler and Pressure Vessel Inspectors\n(National Board) and the American Society of Mechanical Engineers (ASME) Certificate of\nAuthorization \"U\" stamp register five separate facilities (i, e., headquarters and four field\nbranches) under the same Department of Transportation (DOT) Registration Number?\n173.24\n030101\n\n<<<PAGE 2>>>\n\n•\nA3. The answer is yes, if the branch offices are legitimate extensions of the headquarter's facility\nand the cargo tank manufacturing and repair work at all five facilities is performed under the\nsupervision of personnel who are located at and dispatched from the same facility. All\nregistration records must be maintained and made available for inspection at the dispatching\nfacility and each facility where work is performed.\nHowever, if the manufacturing or repair work is performed at and certified by personnel\nstationed at the headquarter's facility or a branch facility, then each facility where the work is\nperformed must be registered and have a separate registration number as stated in\n§§ 107.502(e) and 107.503(a)(2). In addition the registration application must include, a\nstatement indicating whether the facility uses mobile testing/inspection equipment to perform\ninspections, tests, or repairs at a location other than the address listed in paragraph (a) (2) of\n§ 107.503.\nQ4.\nMay an employee or shop personnel who is not registered as an inspector perform inspection\nand testing of cargo tanks?\nA4.\nYes, a person who is not a Registered Inspector may perform -\na)\nthe inspections and tests listed in § 180.407(c) under the direct supervision of a person\nwho is a Registered Inspector. All inspection and test reports must be certified by the\nRegistered Inspector. See § 180.409(a).\nb)\nthe annual external visual inspections and leakage tests on a cargo tank motor vehicle\niquid petroleum fuels if the vehicle is owned or operated by that person. The persor\nvith a capacity of less than 13,250 L (3,500 gallons) used exclusively for flammabl\nperforming the inspections and tests or certifying the reports must have the knowledge\nand ability to perform such inspections and tests and must be registered with the\nDepartment under § 107.502. See § 180.409(b).\nthe annual external visual inspections and leakage tests on a permanently mounted non-\nbulk tank for petroleum products as authorized by §173.8(c) if the vehicle is owned or\noperated by that person. The person performing the inspections and tests must have\nthe knowledge and ability to perform such inspections and tests. However, the person\nperforming the inspections and tests and the person certifying the reports, if different,\nare not required to register with the Department under § 107.502. See § 180.409(c).\na portion of the hydrostatic or pneumatic pressure test as set forth in\n§ 180.407(g)(1) (vili) and (ix), respectively. The person must be familiar with the cargo\ntank, and trained and experienced in the use of the inspection and testing equipment\nused. The person's employer must be registered with the Department and must retain a\ncopy of the tester's qualifications in the records. See § 180.409(d).\n\n<<<PAGE 3>>>\n\n...:\n•\n•\nQ5.\nMay an employee who is not a registered inspector sign the inspection report?\nA5.\nSee response A4.\nI hope this information is helpful. Please contact us if you require additional assistance\nSincerely,\nWhoa\nSusan Gorsky\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials Standards\n\n<<<PAGE 4>>>\n\nDARWIN D. GARVIN, INC.\nTRANSPORTATION SAFETY\nCOMPLIANCE SERVICE\n40085 CR. 7\nEMAIL: DARWINGARVIN@AOL.COM\nCALDWELL, OHIO 43724\nFAX (740) 732-0265\n(740) 732-0265\nCELL (863) 221-787‹\nMarch 9, 2003\nBelerford\n$107.502\nResearch and Special Programs Administration\n$180.407\nAssociate Administrator for Hazardous Materials Safety\nOffice of Hazardous Materials Standards\nRegistration\nDHM-11\n400 7* Street, S. W.\nWashington, D. C. 20590\n03 - 0101\nDear Sir/Ma'am:\nThis letter is for the purpose of obtaining information concerning the transportation of sulfuric\nacid and the requirements for inspectors of cargo tanks.\nVo-1.\nSulfuric acid with more than 51 percent acid. Special provision B84 states, \"packagings\ncorrosion allowance for sulfuric acid or spent sulfuric acid in concentration up to 65.25\nnust be protected with non-metallic linings impervious to the lading or have a suitable\npercent.\" How must a cargo tank be protected when transporting sulfuric acid with a\nconcentration of over 65.25 percent?\nQ-2.\nIs the option for \"corrosion allowance\" only for concentrations up to 65.25 percent?\nSubpart F - Registration of cargo tank and cargo tank motor vehicle manufacturers and\nrepairers and cargo tank motor vehicle assemblers.\nQ-3. May a cargo tank manufacturing and repair facility that has authorization for the use of the\n\"R\" stamp and the \"U\" stamp operate satellite locations under the same authorization?\nQ-4.\nPart 107, Subject F, Section 107.502(b) states,\n«*** a person employed as an inspector or\ndesign certifying engineer is considered to be registered if the person's employer is\nregistered.\"\nSection 180.409(a) (1) states, \"Be registered with the Department in accordance with Part\n107, Subpart F of this Chapter, and***\"\n\n<<<PAGE 5>>>\n\nA motor carrier is registered as required by 107:502. May an employee, shop personnel,\nthat is not otherwise registered as an inspector perform inspection and test of cargo tanks\nunder 180.409?\nQ-5.\nMay an employee that is not a registered inspector sign the inspection form if he performs\ncertain tests?\nYour timely response would be appreciated.\nSincerely,\nDesar A servin\nDarwin D. Garvin\n.......","truncated":false,"body_characters":7500}