Walker Group Holdings Transportation Tank Companies A Unit of Wabash National — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D C. 20590 JAN 1 4 2013 Jolm F. Cannon Vice President, Engineering Walker Group Holdings Transportation Tank Companies A Unit of Wabash National P.O. Box 670 Fond duLac, WI 54936 Reference No. 12-0264 Dear Mr. Cannon: This is in response to your e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR 171-180) applicable to the requirements for the test and inspection of specification cargo tanks. Specifically, you request that the Pipeline and Hazardous Materials Safety Administration (PHMSA) amend the test pressure entries in the § 180.407(g)(l )(iv) test pressure table by beginning the entries with the phrase, ''The test pressure on the nameplate (specification plate)." You state that doing so would close a disconnect between Part 180 and the applicable packaging specification. In the scenario you present in your letter, you address pressure retesting a DOT 407 cargo tank at 45psi. You state that the DOT 407 cargo tank has a maximum allowable working pressure (MA WP) of 25psi and a cargo tank test pressure of 45psi stamped on its nameplate in accordance with§ 178.345-14(b)(l). You further state that this test pressure of greater than 1.5 times MA WP is allowed by§ 178.347-5(b)(l), which reads: "Using the hydrostatic test method, the test pressure must be at least 40 psig or 1.5 times tank MA WP, whichever is greater." You state that this is where the disconnect lies and recommend the addition of the wording as presented above. If you believe a rulemaking change (revision, addition, deletion) is warranted, we invite you to file a petition in accordance with§§ 106.95, 106.100 and 106.105, including all information needed to support your petition. Your request will be further evaluated for merit to address in an upcoming rulemaking. For regulations in 49 CFR Parts 171 through#

Page 2180, submit the petition to: Standards and Rulemaking Division, Pipeline and Hazardous Materials Safety Administration, PHH-10, U.S. Department of Transportation, East Building, 1200 New Jersey Avenue, SE, Washington, DC 20590-0001. I hope this information is helpful. Please contact this office should you have additional questions. T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 3Drakeford, Carol From: Sent: To: Subject: INFOCNTR (PHMSA) Tuesday, November 20, 2012 4:16PM Drakeford, Carolyn (PHMSA) FW: Request For Interpretation /Inconsequential Editorial Correction to 49 CFR 180.407 Hi Carolyn, We received the following request for a formal letter of interpretation. Thanks, Victoria From: John F cannon [mailto:jfcannon@walkergroupholdings.com] Sent: Tuesday, November 20, 2012 2:08 PM To: INFOCNTR (PHMSA) Cc: Staniszewski, Stanley (PHMSA) Subject: Request For Interpretation I Inconsequential Editorial Correction to 49 CFR 180.407 Dear DOT Professional: Our company has become aware of an occurrence where a US DOT registered hazmat company has been cited for violation of the table, below, from 180.407(g)(l) (iv) -specifically, for pressure retesting a DOT 407 at 45psi. Specification Test pressure MC 300, 301, 302, 303, 305, 306 20.7 kPa (3 psig) or design pressure, whichever is greater. MC 304,307 MC 310,311, 312 MC 330,331 MC338 DOT 406 DOT 407 DOT 412 275.8 kPa (40 psig) or 1.5 times the design pressure, whichever is greater. 20.7 kPa (3 psig) or 1.5 times the design pressure, whichever is greater. 1.5 times either the MAWP or there-rated pressure, whichever is applicable. 1.25 times either the MAWP or the re-rated pressure, whichever is applicable. 34.5 kPa (5 psig) or 1.5 times the MAWP, whichever is greater. 275.8 kPa (40 psig) or 1.5 times the MAWP, whichever is greater. 1.5 times the MAWP. The subject tank has an MAWP of 25 psi and a cargo tank test pressure of 45 psi stamped on its nameplate, pursuant to 178.345(b). This test pressure of greater than 1.5 times MAWP is permissible by 178.347(b)(l), which reads ... Using the hydrostatic test method, the test pressure must be at least 40 psig or 1.5 times tank MAWP, whichever is greater. Therein lies the disconnect. As new, the tank is authorized by the hazmat regulations to be tested at 45 psi, but not, for continuing qualification? 1#

Page 4We respectfully encourage US DOT PHMSA to amend the test pressure entries in the table, above, to start with the phrase "The test pressure on the nameplate (specification plate), ... " This would close a disconnect between Part 180 and the applicable packaging specification. We are available to discuss this matter at your convenience. Sincerely, John John F Cannon Vice President- Engineering Walker Group Holdings Transportation Tank Companies A unit of Wabash National www. WalkerGH.com 920.322.1051 (w) 920.960.7377 (m) This message contains information intended solely for the addressee, which is confidential or private in nature and subject to legal privilege. If you are not the intended recipient, you may not peruse, use, disseminate, distribute or copy this message or any file attached to this message. Any such unauthorized use is prohibited and may be unlawful. If you have received this message in error, please notify the sender immediately by e-mail, facsimile or telephone and thereafter delete the original message from your machine. Furthermore, the information contained in this message, and any attachments thereto, is for information purposes only and may contain the personal views and opinions of the author, which are not necessarily the views and opinions of Walker Group Holdings or its subsidiaries and associated companies. Walker Group Holdings therefore does not accept liability for any claims, loss or damages of whatsoever nature, arising because of the reliance on such information by anyone. While all reasonable steps are taken to ensure the accuracy and integrity of information transmitted electronically and to preserve the confidentiality thereof, Walker Group Holdings accepts no liability or responsibility whatsoever if information or data is, for whatsoever reason, incorrect, corrupted or does not reach its intended destination. 2#