{"operation":"document","citation":"06-0200","title":"Mr. Robert D. Howerton, Ph.D. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-09-27","effective_on":null,"summary":"06-0200 concerning 173.306.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0200.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0200.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0200","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060200.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWastington, D.C. 20590\n400 Sieventh Street, S.W.\nPipeline and\nAdministratior\nHazardous Materials Safet\nSEP 2 7 2006\n2582 Wood Trail Lane\nMr. Robert D. Howerton, Ph.D.\nRef. No. 06-0200\nDecatur, GA 30033\nDear Dr. Howerton:\nThis is in response to your electronic transmission requesting clarification of the\nrebuilding of accumulators. Specifically, you ask for a procedure whereby you would\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as they pertain to the\nnotify and receive corroboration from the U.S. Department of Transportation DOT) or a\nthird party that the rebuilt accumulators can withstand at least 5,000 psi, and that the\npressure test apparatus that you are building is capable of testing the accumulators at the\ntransporting accumulators, and whether any records are required to be maintained for the\nrequired pressure. Additionally, you ask about exceptions under the HMR applicable to\nrebuilt accumulators.\nUnder the HMR, if your rebuilt accumulators meet the requirements in § 173.306(f)(1)\nthrough (f)(4)(iv), you are not required to submit supperting documentation to the DOT.\naccumulators meeting the above requirements; however, you may elect to receive\nThe DOT does not verify test results nor does it approve pressure test apparatus for\nsubstantiation from a third party. As stated in § 173.306(f)(5), if the accumulators do not\napproval in accordance with Subpart H of Part 107 before the accumulators may be\nmeet the requirements in § 173.306(f)(1) through (f)(4)(iv), you must apply for an\nmeet the requirements in § 173.306(f)(3). Provided the accumulators have a charging\nWith respect to exceptions applicable to accumulators, you state that the accumulators\npressure exceeding 200 psig at 70° F, the articles are not required to be labeled (except\nfor transportation by air) and are additionally excepted from specification packaging\nrequirements provided the articles meet the requirements in § 173.306(f)(2) through\nequirements by any mode of transportation\nf(3)(ii). These accumulators are not accepted from the HMR's shipping pape\n173-306(f)(3)\n060200\n\n<<<PAGE 2>>>\n\nFinally, we note that you referenced \"Nitrogen, compressed,\" UN1066 in your letter.\nWhen selecting a proper shipping name, the name that most appropriately describes the\nnon-liquefied, non-flammable gas, and non-flammable liquids are most appropriately\narticle or material being transported must be chosen. Hydraulic accumulators containing\ndescribed as \"Accumulators, pressurized, hydraulic,\" UN3164. Pneumatic accumulators\ndescribed as \"Accumulators, pressurized, pneumatic,\" UN3164.\ncontaining non-liquefied, non-flammable compressed gas are most appropriately\nI hope this information is helpful. Please contact this office if you need additional\nassistance.\nSincerely,\nHattie L. Mitchell\nOffice of Hazardous Materials Standards\nChief, Regulatory Review and Reinvention\n\n<<<PAGE 3>>>\n\nM'Intyre\n3172.101\nRobert D. Howerton\n2582 Wood Trail Lane\nDecatur, GA 30033\n404-343-6307\nCylinders\n06-0200\nAugust 23, 2006\nMr. Edward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\nU.S. DOT/PHMSA (PHH-10)\nWashington, DC 20590-001\nDear Mr. Mazzullo:\nIt is my intention to establish in the near future a business that offers the service\nof rebuilding Rolls-Royce (and Bentley) hydraulic accumulators. (The accum-\nwere manufactured in the years from 1970 to 1980 roughly. They have an\nulators in question were installed on the Rolls-Royce Silver Shadow series, which\ninternal volume of 27 cubic inches and are charged with 1000 psi of nitrogen\ngas.)\nWith this intention in mind, I quickly became aware that the nitrogen charged\nrecently your Hazardous Materials Transportation Training Modules. I\naccumulators constituted a hazardous material and for that reason I completed\nconscientiously completed all the quizzes and passed them with an average\nscore of around 85%, so I feel that I am generally well acquainted with your rules\nand regulations.\nApplying the knowledge I acquired I looked up Nitrogen, Compressed in the HMT\nand noted in column 8A that exceptions were cited in §173.306. Here I noted\nthat my product came under category (f) (3) and would be exempt from labeling\nand general packaging requirements (we have no intention of shipping the\nproduct by air) so long as i) it was shipped as an inside package; ii) it was tested\nafter being rebuilt at a pressure of 3,000 psi and iii) it was designed with a burst\npressure of not less than 5,000 psi. I also noted that there was no exerption\nfrom your shipping paper requirements when shipped by rail or truck. I trust you\nwill not disagree with these (paraphrased) requirements.\nI am a graduate engineer with both a bachelor's degree from Swarthmore\nCollege and a Ph. D. from Georgia Tech. Until recently I was a licensed\nProfessional Engineer in the State of Georgia (I let the license lapse) ard I have\npracticed as an engineer for over 40 years. I've used this experience to\naccomplish two relevant tasks: first of all, I have carefully measured a typical\nRolls-Royce accumulator and carried out metallurgical testing on the device and\nin a 44 page report I have established that the accumulator has a burst pressure\n\n<<<PAGE 4>>>\n\nof at least 13,000 psi; and secondly, I have designed and am in the process of\nfabricating a pressure testing apparatus capable of testing each accumulator at a\npressure of 3,000 psi after it is rebuilt.\nSo the two principal questions that I address to you are:\n1. How can I establish with the DOT that the accumulator I intend to\nrebuild can withstand at least 5,000 psi? Can I submit my report to\nyour experts for corroboration? Or can I submit the report to a\ntransmit the conclusions of the third party to the DOT? In sum where\nqualified third party and then what are the procedures needed to\ndo I go from here?\n2. How can I establish with the DOT that the pressure test apparatus that\nI am building is capable of testing the accumulators at the required\ndevice. (The photographs will show a hydraulic pressure gage.) And\npressure of 3,000 psi? I can submit drawings and photographs of the\nwhat records of each test do I have to keep?\nI will have some more questions at a future date but these are the paramount\nquestions at this time. I will greatly appreciate your giving me the guidance that I\nneed here.\nBest regards,\nRobert D. Howerton, Ph.D.","truncated":false,"body_characters":6408}