{"operation":"document","citation":"13-0006","title":"Baker Hughes — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-02-06","effective_on":null,"summary":"13-0006 response to Baker Hughes concerning 173.301, 173.32, 173.35.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0006.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0006.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0006","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130006.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nFEB 0 6 2013\nMr. Aubrey R. Campbell\nSenior Dangerous Goods Safety Advisor\nBaker Hughes\n2001 Rankin Road\nHouston, TX 77073\nReference No.: 13-0006\nDear Mr. Campbell:\nThis is in response to your December 10, 2012 email, and your December 7, 2012 telephone\nconversation with a representative in the Hazardous Material Information Center concerning\ntransport of several package types in service beyond the requalification date under the\nHazardous Materials Regulations (HMR; 49 CPR Parts 171-180). Your questions are\nparaphrased and answered below:\nQ 1) Under the HMR, is it possible to transport empty cylinders, intermediate bulk\ncontainers (IBC's) and portable tanks by highway to the test facility for retesting when the\nrequalification date has passed, or is it necessary to apply for a special permit?\nAl) A special permit is not necessary. Under the HMR, a cylinder, IBC, or portable tank\nfilled before its requalification becomes due may remain in service until it is emptied, and\nmay be transported in commerce by highway, rail, aircraft, or vessel all applicable HMR\nrequirements are met (see§§ 173.301(a)(6) for cylinders; 173.35(a) for IBC's; and\n173.32(a)(2) for portable tanks). The intent of the aforementioned sections is to permit\npackagings, filled prior to the retest date, to be transported to their ultimate destination for\nemptying and to permit their return to the shipper or a test facility for retesting. A cylinder,\nIBC, or portable tank past its test date may not be filled or topped off with a hazardous\nmaterial and transported in commerce. After emptying, a cylinder, IBC, or portable tank due\nfor retest may not be refilled and offered for transportation unless it has been inspected and\nretested in accordance with Part 180, Subparts C, D and G ofthe HMR. However, a\ncylinder, IBC, or portable tank with a specified service life may not be refilled and offered\nfor transportation after its authorized service life has expired (see§§ 173.301(a)(7) and\n180.205(c)).\nFurther, the requirements for shipping empty packagings previously containing a hazardous\nmaterial are provided in§ 173.29.\nQ2) Is it PHMSA's intention to align with the paragraph 6.7.2.19.6 ofiMDG code? This\nprovision allows for (1) a portable tank filled prior to the date of expiry of the last periodic\n\n<<<PAGE 2>>>\n\ninspection and test to be transported for a period not to exceed three months (2) a portable\ntank to be transported when empty for purposes of performing the next required test or\ninspection and (3) a potiable tank to be transported for a period not to exceed six months,\nunless otherwise approved by the competent authority, beyond the date of expiry of the last\nperiodic test or inspection to allow for the return of dangerous goods for proper disposal or\nrecycling.\nA2) See Al. The HMR allows for a portable tank, cylinder, and IBC filled prior to the\nrequalification date to remain in service until empty, and subsequent transport, therefore the\nprovisions of the HMR are already compatible with the IMDG code. The IMDG code also\nhas similar provisions for pressure receptacles (cylinders) (see IMDG code 4.1.3.6.6) and\nIBC's (see IMDG code 4.1.2.2.2)\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\n[f\nDelmer Billings\nSenior Regulatory Advisor\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\n::~::~-~t-'·!\nBAKErf''--\nHUGHES\n2001 Rankin Road\nHouston, TX 77073\nPhone: (713) 879-2658\nDecember 10, 2012\nOffice of Hazardous Materials Standards\nPipeline and Hazardous Materials Safety Administration,\nAttn: PHH-10\nU.S. Department of Transportation\nEast Building, 1200 New Jersey Avenue, SE\nWashington, DC 20590-0001\nRe: Letter of Interpretation\nDear Office of Hazardous Materials Standards:\nBaker Hughes, Inc. (BHI) requests a letter of interpretation regarding the provisions in Title\n49 Code of Federal Regulation (CFR) Part 180.205, 180.352, and 180.605 applicable to the\nperiodic requalification, tests, and inspection of cylinders, Intermediate Bulk Containers\n(IBC's) and UN or DOT 51 portable tanks.\nOn occasion, some of our cylinders, IBC's, and portable tanks remain at oil and natural gas\nwell sites beyond their periodic re-test and inspection expiry date. When this occurs, we are\nat a loss for how to get theses packagings back to our testing facilities without violating 49\nCFR. The International Maritime Dangerous Goods Code provides some relief in Chapter\n6.7.2.19.6 (see attached) for portable tanks, where it states, \" ... a portable tank may be\ntransported after the date of expiry of the last periodic test and inspection:\n1. 2. After emptying but before cleaning, for the purposes of performing the next required\ntest or inspection prior to refilling; and\nUnless otherwise approved by the competent authority, for a period not to exceed six\nmonths beyond the date of expiry of the last periodic test or inspection, in order to\nallow the return of dangerous for proper disposal or recycling. Reference to this\nexemption shall be mentioned in the transport document.\"\nHowever, the IMDG does not provide a similar exception for cylinders and IBC's. To my\nknowledge, 49 CFR does not provide any relief from the test and inspection requirements in\nParts 180.205(c), 180.352(a), and 180.605(a).\nOn December 7, 2012, I called the DOT Hotline and talked with a representative. He\ndirected me to a DOT letter, Ref # 07-0069 (see attached.) He informed me that the letter\nindicates that DOT/PHMSA's position aligned with IMDG Section 6.7.2.19.6 regarding\nportable tanks. We are seeking a solution to our current dilemma of re-qualifying certain out\nof test and inspection cylinders, IBC's, and portable tanks that have sat on remote oil and\ngas well sites. For clarity, I have three questions:\n\n<<<PAGE 4>>>\n\n!Ic~:,.\nBAKER\nHUG HIS\n1. 2. 3. Do we have to apply for a special permit to move these \"empty\" containers by road\ntransport because of the expired test and inspection dates?\nIs there any relief in 49 CFR allowing transport of these packages to a retesting\nfacility up to six months beyond test and inspection expiry dates?\nIs it PHMSA's intention to align with the requirements of IMDG Paragraph\n6. 7.2.19.6?\nFinally, we point out that BHI routinely test and inspect these packages according to our\nperiodic scheduled maintenance program. Nevertheless, these exceptional cases do\noccur but not frequently. Our goal is to remain completely complaint with DOT/PHMSA\nregulations.\nSincerely,\nAua£Y\nSenior Dangerous Goods Safety Advisor\nGlobal Products and Services, Baker Hughes","truncated":false,"body_characters":6702}