{"operation":"document","citation":"11-0157","title":"Mr. Daniel G. Shelton — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-05-30","effective_on":null,"summary":"11-0157 response to Mr. Daniel G. Shelton concerning 178.337, 180.416.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0157.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0157.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0157","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110157.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMAY~ o 2012\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMr. Daniel G. Shelton\nPresident\nHazMat Resources, Inc.\n124 Rainbow Drive\nSuite 2471\nLivingston, TX 77399-1024\nRef. No. 11-0157\nDear Mr. Shelton:\nThis is in response to your letter requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 100-180) applicable to its discharge system inspection\nand maintenance program for specification MC 331 cargo tanks in liquefied compressed gas\nservice. I have paraphrased your questions and answered them as follows:\nQl. The term \"delivery hose assembly\" is defined in§ 180.403. The term \"hose\nassembly\" is not. Both terms appear to be used interchangeably in Parts 1 78 and 180\nof the HMR. Do they have the same meaning?\nAl. No, they do not.\n02. Section 178.337 -9(b )(7) requires a hose assembler to permanently mark a hose\nassembly with a unique identification number in addition to the month and year of its\noriginal (i.e., new) pressure test conducted in accordance with§ 180.416(f). Section\n180.416(f) appears to require that only the month and year of the pressure test be\npermanently marked on the hose assembly. Which marking requirement is correct?\nA2. Because Part 178 is generally reserved for new construction, and Part 180 for\ncontinuing qualification, the marking requirement prescribed in§ 180.416 assumes\nthe hose assembly has been (\"originally\") permanently marked with a unique\nidentification number. See the recordkeeping requirements in§ 180.416(f)(3).\n\n<<<PAGE 2>>>\n\n03. Section 178.337-9(b)(7) states that a hose assembler must:\n• Permanently mark each hose assembly with a unique identification number.\n• Demonstrate that each hose assembly is free from leaks by performing the tests and\ninspections in §180.416(t) of the HMR.\n• Mark each hose assembly with the month and year of its original pressure test.\nWhich date is required to be marked for the leakage test prescribed in§ 178.337-\n9(b )(7), the assembly test date or the actual test date of the complete delivery hose\nassembly?\nA3. The original pressure test date required by§ 178.337-9(b)(7) is the assembly leakage\ntest date performed in accordance with the tests and inspections prescribed in\n§ 180.416(t).\n04. Is there a marking requirement when a leakage test is conducted under\n§ 180.407(h)(4) on a delivery hose assembly?\nA4. No, there is not.\n05. A delivery hose assembly, as defined in§ 180.403, means a liquid delivery hose and\nits attached couplings. Emphasis added. Assume a hose assembly is purchased from\na hose assembler. The couplings are then attached to the hose assembly resulting in\na delivery hose assembly as defined by the HMR. Is a leakage test now required to\nbe conducted as prescribed in§ 180.416(t)?\nAS. The answer is yes, because couplings were never attached to the hose assembly when\npressure tested by the hose assembler.\n06. What markings must be placed on the successfully-tested, completed delivery hose\nassembly?\nA6. As prescribed in§ 180.416(t)(2), the delivery hose assembly must be permanently\nmarked with the month and year of the test.\n07. What are the test facility recordkeeping requirements for a successfully-tested,\ncompleted delivery hose assembly?\nA7. For the testing facility, none are prescribed. However, as prescribed in\n§ 180.416(t)(3), the cargo tank operator must complete a record documenting the test\nand inspection, including the date; the signature of the inspector; the hose owner; the\nhose identification number; the date of original delivery hose assembly and test;\nnotes of any defects observed and repairs made; and an indication that the deliver\nhose assembly passed or failed the tests and inspections. A copy of each test and\ninspection record must be retained at its principal place of business or where the\n\n<<<PAGE 3>>>\n\nQ8. A8. vehicle is housed or maintained until the next test of the same type is successfully\ncompleted.\nIf a hose assembler successfully tests and fully marks a complete delivery hose\nassembly as prescribed in§§ 178.337-9(b)(7) and 180.416(f), is the operator required\nto retain documents for such tests?\nThe answer is no, provided new test documents are prepared, as appropriate, and the\nrequired markings are placed on the delivery hose assembly.\nI trust this satisfies your inquiry. Please contact us if we can be of any further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 4>>>\n\n124 Rainbow Drive,# 2471\nLivingston, TX 77399\nJuly 8, 2011\nMr. Charles Betts\nDirector, Office of Hazardous Materials Standards\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\nEast Building, 2nd Floor\nMail Stop: E21-317\n1200 New Jersey Ave., SE\nWashington, DC 20590\nMr. Betts:\nPlease accept this letter as an official request for an interpretation of the requirement for the\ntesting of delivery hose assemblies used for the delivery of compressed gasses from MC\n330 and MC 331 cargo tank motor vehicles, marking of delivery hose assemblies, and\nrecord keeping requirements for testing and inspection of delivery hose assemblies.\nUnfortunately, a review of terms and definitions provided by the Pipeline and Hazardous\nMaterials Safety Administration have raised more questions than answers in an attempt to\nunderstand both the requirements and the intent of the Department when testing delivery\nhose assemblies.\nDefinition of Hose Assembly\nThe regulations in 49 CFR 178.337-9(b) (7) identify the requirements for marking a\ndelivery hose assembly by a hose assembler. This requirement states the following:\n1. A hose assembler must permanently mark each hose assembly with a unique\nidentification number;\n2. Demonstrate that each hose assembly is free from leaks by performing the tests and\ninspections in § 180 .416( f) of this subchapter;\n3. Mark each hose assembly with the month and year of its original pressure test.\nThere is no definition in the regulations defining a hose assembler or a hose assembly. The\ndefinition of a delivery hose assembly in 180.403 states as follows: Delivery hose\nassembly means a liquid delivery hose and (emphasis added) its attached couplings.\n'~~ .. 4_lfj}J~ ~qlq~ ~Qtd[ Q:Q~;ttifl~ ~tli~~{QJr~QlltJtQlng~Jl~atUj;Jlj lilliUR\nQJt~·ttQlfiLtD):fiJDPJJI~1 tPJ ~~IiS.}QJJJ.~}Jitt~ (t~{HDiJfrtttl1~t\\ttr'1\nFax (877) 841-6023 Phone (423)863-2252\n'q\n\n<<<PAGE 5>>>\n\nQuestion 1: Is it the Department's intent that the terms \"hose assembly\" and \"delivery hose\nassembly\" be used interchangeably and mean the same thing or is there a different\ndefinition for hose assembly. If there is a different definition for hose assembly please\nprovide that definition?\nScenario 1\nBased on the marking requirements of a hose assembler, while performing a leakage test on\nan MC 331 transport equipped with a specially designed delivery hose assembly that meets\nthe requirements of 173.315(n)(2), it is my understanding that the delivery hose assembly\nmust be marked with the hose ID number and the month and year the delivery hose\n·assembly was last tested in accordance with 180.416(±). These two sections, 178.337-\n9(b)(7) indicate the delivery hose assembly must be marked with a unique ID number and\nthe month and year of the test. However 180.416(±) indicates that the delivery hose\nassembly must only be marked with the month and year of the test.\nQuestion 2: Is it permissible that the delivery hose assembly only be marked with the\nmonth and year of the pressure test?\nQuestion 3: On the leakage test report is one required to record the delivery hose assembly\ntest date that is required to be marked on the delivery hose assembly by 178.337-9(b) or\ncan one record the actual date the hose is leak tested?\nQuestion: 4 Are there any requirements to mark the month and year a delivery hose\nassembly is leak tested when a delivery hose assembly is tested in accordance with\n180.407(h)(4)?\nScenario 2\nA hose assembly is purchased from a hose assembler. This hose assembly is marked with a\nunique ID number and the month and year this hose assembly was tested. This hose\nassembly cannot be use to deliver compressed gas until such time as couplings are attached\nto the hose assembly. The couplings are attached to the hose assembly creating a delivery\nhose assembly (delivery hose and its attached coupling).\nQuestion: 5 Is one required to perform a pressure test of the completed delivery hose\nassembly in accordance with 180.416(±)?\nQuestion: 6 performed?\nWhat markings are required to be placed on the delivery hose assembly\nindicating that a pressure test of the completed delivery hose assembly has been\nFax (877) 841-6023 Phone (423)863-2252\n\n<<<PAGE 6>>>\n\nQuestion: 7 What documents are required to be generated by the person performing the\npressure test?\nQuestion: 8 If the hose assembly was pressure tested and the hose assembler provided\ntesting documents and the completed delivery hose assembly with the attached coupling\nwas tested in accordance with 180.416(f) is there any requirement on the part of the\noperator to maintain test documents for a hose assembly when the completed delivery hose\nassembly has been retested in accordance with 180.416(f) and new testing documents have\nbeen prepared.\nThank you in advance for your timely reply.\nSincerely,\nDaniel G. Shelton\nPresident\nHazMat Resources, Inc.\nCc: Joseph Solomey\nAttachments: Photographs\nFax (877) 841-6023 Phone (423)863-2252\n\n<<<PAGE 7>>>\n\nHose assembly. Note this hose\nassembly comes with complete\ntest paper work is marked with a\nunique 10 number and the\nmonth and year the hose\nassembly was tested.\nThe hose assembly in this\nconfiguration is not a delivery\nhose assembly and cannot be\nattached to a cargo tank motor\nvehicle to unload product.\nHose assembly with attached\ncoupling (Acme Fitting) in the\nprocess of creating a Delivery\nHose Assembly\nCompleted Delivery Hose\nAssembly. Is the delivery hose\nassembly with the attached\ncoupling required to be tested in\naccordance with 180.416(£).","truncated":false,"body_characters":10091}