Sharp Energy — Hazardous Materials Safety Interpretation

Page 1S. Departmer Transportatio Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Hazardous Materials Safety JUL 14 2006 Administration Mr. Larry R. Miller Training and Regulatory Compliance Manager Reference No.: 06-0138 Sharp Energy 520 Commerce Street Salisbury, MD 21804 Dear Mr. Miller: This is in response to your June 9, 2006 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 100-180) applicable to a cargo tank requiring a is permanently attached to the hose reel mounted on the rear deck of a propane "bobtail" leakage test. In your letter, you state that the date of test on the delivery hose assembly that tanker truck is not always readily available to a Registered Inspector. Specifically, you ask whether the hose identification number and the condition of the delivery hose assembly and piping system must be noted by the Registered Inspector even if the test date is unavailable. The answer is yes. As required under § 180.407, a Registered Inspector conducting a leakage test on a cargo tank requiring a leakage test must note the hose identification number, the date of test, and the condition of the hose assembly and piping system tested In addition, under § 180.416 of the HMR, after July 1, 2000, the date of test on the delivery hose assembly should always be readily available to a Registered Inspector. Section 180.416(d)(5) states that, after July 1, 2000, the operator must complete a record documenting the test and inspection, including the date; the signature of the inspector; the hose owner; the hose identification number; the date of original delivery hose assembly and test; notes of any defects observed and repairs made; and an indication that the deliver hose assembly passed or failed the tests and inspections. A copy of each test and inspection record must be retained by the operator at its principal place of business or where the vehicle is housed or maintained until the next test of the same type is successfully completed. I trust this satisfies your inquiry. Sincerely, In fly h John A. Gale Chief, Standards Development Office of Hazardous Materials Standards 180.407 180.416 dS) 060138#

Page 2Foster 3180.407 SHARP ENERGY $180.416 Cargo Tanks. 06-0138 June 9, 2006 Office of Hazardous Materials Standards Mr. Edward T. Mazzullo, Director PHMSA United States Department of Transportation Washington, DC 20590 400 Seventh Street cargo tanks. RE: Request for Clarification - §180.407 Requirements for test and inspection of specification Dear Mr Mazzullo: Sincerely, Laugh Mele Training and Regulatory Compliance Manager Larry R. Miller Sharp Energy 520 Commerce Street Salisbury, Maryland 21804 410.749 4147 443.260.1539 / fax www.sharpenergy.com#