Guidanceguidance
09-0180
Burdette & Associates, Inc. — Hazardous Materials Safety Interpretation
Current as of source date Government source
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Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration JUN 072010 1200 New Jersey Ave. SE Washington, D.C. 20590 Mr. Michael Burdette Burdette & Associates, Inc. P.O. Box 264 Milton, LA 70558 Ref. No.: 09-0180 Dear Mr. Burdette: This responds to your August 4, 2009 letter regarding the 1M and UN portable tank periodic requalification requirements for the Hazardous Materials Regulations (HMR; 49 CFR Parts 171180). Specifically, you ask whether an approval agency must witness the leakage test required by § 180.605(e) and (h). The answer is no. There is no requirement in § 180.605(e) and (h) for the leakage test to be performed or witnessed by an approval agency. The tank owner or user may have the tank inspected and tested by any qualified tester including an approved third party testing agency, as long as the qualified testers are trained in accordance with the HMR. I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#
Page 2Drakeford, Carolyn (PHMSA) From: Lehman, Victoria (PHMSA) Sent: Tuesday, August 04, 2009 11 :25 AM To: Drakeford, Carolyn (PHMSA) Subject: Letter of Interp Request @ HMIC This letter is a request for a formal letter of interpretation; This question regards an interpretation of 180.605 (e)&(h). During a 5 year periodic inspection of an 1M or UN Portable tank is an Approval Agency required to witness the leakage test (air test to 25% of MAWP)? The leakage test is required if the pressure relief device is removed, and the hydrostatic (or pneumatic) test "shall" be witnessed, but what about the leakage test? Thank you for your response. Michael Burdette, P.E. DOT Authorized Agency IA-9702 Name: Michael Burdette, P.E. Organization: Burdette & Associates, Inc. Email: msbpe@bellsouth.net Address: P.O. Box 264 City: Milton Zip Code: 70558 Phone: 3378938652 Country: USA FAX: 3378935655 8/4/2009#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.