{"operation":"document","citation":"12-0145","title":"HazMat Resources Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-11-19","effective_on":null,"summary":"12-0145 response to HazMat Resources Inc. concerning 178.337.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0145.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0145.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0145","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120145.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue SE\nWashmgton DC 20590\nNOV 1 9 2012\nDanny Shelton\nHazMat Resources Inc.\n124 Rainbow Drive# 2471\nLivingston, TX 77399\nReference No.: 12-0145\nDear Mr. Shelton:\nThis is in response to your July 02, 2012 email requesting guidance regarding the proper\nmethod for cargo tank manufacturers to use to restrict an MC331 cargo tank from\ntransporting certain products under the Hazardous Materials Regulations (HMR; 49 CFR\nParts 171-180). Specifically you ask for help determining proper methods for cargo tank\nmanufacturers to use in order to restrict an MC331 cargo tank from transporting certain\nproducts and if the current practice of noting these restrictions in the remarks section of an\nAmerican Society of Mechanical Engineers (ASME) U1A form is an acceptable way of\nconveying these restrictions to cargo tank purchasers.\nThe HMR does not indicate a way to note manufacturer imposed, or buyer requested\nrestrictions on what commodities can be carried in a MC331 cargo tank. Generally\nspeaking, if a tank manufacturer designs, constructs, certifies, and stamps an MC331 cargo\ntank to ASME Section VIII standards, the cargo tank is appropriate to transport all\nmaterials authorized for that specification unless limited by special provisions. Nothing\nprohibits cargo tank manufactures from indicating commodity carriage restrictions on an\nASME U1A form, but no reference is made to such notation in the HMR or in Section VIII\nof the ASME Code. Please note that it remains the responsibility of the person offering the\nhazardous material to ensure compatibility with the packaging that is being used.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\ns{lt?Ji :- ..\nDelmer Billings ~\nSenior Regulatory Advisor\nStandards and Rulemaking Division\n\n<<>>\n\nARTICLE S-3\nREPORT FORMS AND MAINTENANCE\nOF RECORDS\nAS-300 MANUFACTURER'S DATA REPORTS\nA Data Report shall be filled out (Form A-1) by\nthe Manufacturer and the Inspector for each pressure\nvessel to be marked with the Code symbol. For sample\nReport Forms and guidance in preparing Data Re-\nports, see Appendix I.\nAS-300.1 Units of Measurement. The units of mea-\nsurement shall be in accordance with AG-151.\nrequirements of this Division and shall be forwarded,\nin duplicate, to the Manufacturer of the finished vessel\n(see AG-302). These Partial Data Reports, together\nwith his own inspection, shall be the final Inspector's\nauthority to approve and witness the application of a\nCode symbol to the vessel (see AS-110). When Form\nA-2 is used, it shall be attached to the associated Form\nA-I by the Manufacturer of the finished vessel.\n(b) Data Reports for those parts of a pressure vessel\nwhich are furnished by a parts manufacturer to the\nuser of an existing Code vessel, as replacement or repair\nparts, shall be executed on Form A-2 by the parts\nmanufacturer and his Inspector in accordance with the\nrequirements of this Division. A copy of the parts\nmanufacturer's Partial Data Report shall be furnished\nto the user or his designated agent and a copy shall\nbe maintained in accordance with AS-311.\nAS-301 Distribution and Filing of Reports\n(a) The Manufacturer shall:\n(I) furnish a copy of the Manufacturer's Data\nReport to the user and, upon request, to the Inspector;\n(2) submit a copy of the Manufacturer's Data\nReport to the appropriate enforcement authority in the\njurisdiction in which the vessel is to be installed where\nrequired by law;\n(3) keep a copy of the Manufacturer's Data Re-\nport on file in a safe repository for at least 10 years or\nfor the intended life of the vessel, whichever is greater.\n(b) In lieu of (2) and (3) above, the vessel may be\nregistered and the Data Reports filed with the National\nBoard of Boilers and Pressure Vessel Inspectors, 1055\nCrupper Ave., Columbus, Ohio 43229.\nAS-310 PARTIAL DATA REPORTS\nThe parts manufacturer shall indicate under \"Re-\nmarks\" whether or not he has performed any or all of\nthe design functions. For guidance in preparing Partial\nData Reports, see Appendix I.\n(a) Data Reports for pressure vessel parts requiring\ninspection under this Division, which are furnished by\nother than the shop of the Manufacturer responsible\nfor the completed vessel, shall be executed by the parts\nmanufacturer and his Inspector in accordance with the\nAS-311 MAINTENANCE OF RECORDS\nIn addition to the requirements of AS-301, the Man-\nufacturer shall maintain other records as follows.\n(a) Contents of File. The Manufacturer of the vessel\nor part shall maintain the complete file for all material\ncertification and/or Partial Data Reports, examina-\ntion, testing, heat treatment and manufacturing pro-\ncedures, specifications, and drawings used. All records\nshall be fully identified by pertinent material or item\nidentification numbers. The record shall include all\ndata on repaired material, items, and assemblies.\n(b) Maintenance and Access to Reports. Records\nspecified above shall be filed and maintain'ed in a man-\nner which will allow access by the Inspector to specific\ninformation contained therein within a period not in\nexcess of 24 hr at any time during the period of vessel\nmanufacture. The Manufacturer shall take such steps\nas may be required to provide suitable protection of\nall records from deterioration or damage.\n423\n\n<<>>\n\nDrakeford, Carol n (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nAttachments:\nImportance:\nBetts, Charles (PHMSA)\nMonday, July 02, 2012 7:55AM\nDrakeford, Carolyn (PHMSA)\nFW: Contiuation\nDanny Shelton.vcf\nHigh\ntz. -Dt15\nCarolyn-\nPlease log and assign the attached request for response.\nThanks,\nCharles\n-----Original Message-----\nFrom: Danny Shelton [mailto:shelton10104@gmail.com]\nSent: Saturday, June 30, 2012 10:15 AM\nTo: Betts, Charles (PHMSA)\nCc: Staniszewski, Stanley (PHMSA)\nSubject: FW: Contiuation\nGood morning Mr. Betts, please see the following information regarding the continued practice today (Note the original\ncommunication was 8 years ago) of cargo tank manufactures noting restrictions in the remarks section of the U-1A\nwhich restrict the type of products that may be transported. Everyone in the e-mail chain agrees and Mr. Phil Olson,\nGod rest his soul, makes the most valid point of all. Phil, I know you are looking down on us laughing at how we do\nbusiness. Anyway, can your office provide guidance regarding the proper methods to use to restrict an MC 331 cargo\ntank from transporting certain products and to convey the comments in the remarks section of a UlA regarding (Non-\nCorrosive) to the tank.\nMr. Betts, you can always contact me if you need additional information or you can discuss with Stan, he is well versed\non this topic.\nRegards\n-----Original Message-----\nFrom: Olson, Philip \n. Sent: Monday, August 23, 2004 11:57 AM\nTo: Shelton, Danny; Olson, Philip ; Staniszewski, Stanley ; Hochman, Charles \nSubject: RE: Contiuation\nMy comments.\nI believe the ASME Code is written around the concept that a tank owner\n(purchaser) decides what the specifications are for a tank he desires to own. Thus the Owner specifies the materials to\nbe put into the tank and the uses for the tank and then places an order for the tank to be designed and manufactured.\nIn the case where a manufacture just builds tanks for sale and wants to market them as DOT Specification tanks, his\nmarking of a DOT Specification must be based on the tank being able to transport all materials authorized\n1\n··-------···-----·-----·--·--------\n·-·-··-----~--~-·\n\n<<>>\n\nfor that DOT Specification. I do not think a tank manufacturer can be\nallowed to market a DOT Spec tank, unless that tank is appropriate to transport all materials (other than those limited by\nB note Special\nProvisions) authorized for that Specification. The limitation of materials for certain materials is accomplished by special\nprovisions that are material specific.\nPhil\n-----Original Message-----\nFrom: Shelton, Danny [mailto:Danny.Shelton@fmcsa.dot.gov]\nSent: Monday, August 23, 2004 11:40 AM\nTo: Olson, Philip ; Staniszewski, Stanley ; Hochman, Charles \nSubject: FW: Contiuation\nHere is Bill's comment. I agree with him but how do we communicate that restriction so that it is on the tank vs on a\nsheet of paper 1,000 miles away?\nFrom: Quade, William\nSent: Monday, August 23, 2004 11:37 AM\nTo: Shelton, Danny\nSubject: RE: Contiuation\nFor the record, I believe we need to provide manufacturers an avenue for restricting the use of their tanks. If the\nmanufacturer doesn't think it should be used for another material, who are we to argue with him?\nThanks,\nBQ\n-----Original Message-----\nFrom: Shelto~, Danny\nSent: Sunday, August 22, 2004 7:03 PM\nTo: Olson, Philip ; Staniszewski, Stanley ; Hochman, Charles \nCc: Bill Quade\nSubject: FW: Contiuation\nFolks, this is the issue that we discussed about a month ago. Please see the attached U-1A with the notation that\nit is for LP only- non corrosive service in the remarks section. The only markings required to be on the cargo tank are\nthe ASME Plate and the Spec Plate, plus some marking requirements required by 172.300 but no where on either one of\nthese plates is there place to note that this MC331 cargo tank is only authorized to transport propane.\nI am of the opinion that if you mark the tank as an MC331 cargo tank then you cannot restrict the tank to only\ntransporting propane by noti!'1g on the U-1A. Roadside enforcement officials must have the information on the tank to\ndetermine if the tank is authorized for the material being transported.\nWhat do you think.\n2\n\n<<>>\n\nFrom: PROTANK@aol.com [mailto:PROTANK@aol.com]\nSent: Thursday, July 15, 2004 9:04AM\nTo: Shelton, Danny\nSubject: Contiuation\nSorry about email it launched automatically\nLook at UG-25 (a) ofthe ASME Code ... ibid SEC 8 DIV 1.\nI am attatching UIA to this email.\n3","truncated":false,"body_characters":9940}