{"operation":"document","citation":"13-0059","title":"BEAM Strategic Solutions — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-05-31","effective_on":null,"summary":"13-0059 response to BEAM Strategic Solutions concerning 173.306.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0059.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0059.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0059","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130059.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave, S.E.\nWashington, D.C. 20590\nMr. Mark F. Kozak\nBEAM Strategic Solutions\nP.O. Box 2351\nGlen Ellyn, IL 60138\nMAY 3 1200\nRef. No. 13-0059\nDear Mr. Kozak:\nThis responds to your February 19, 2013 letter requesting clarification of the testing\nrequirements for aerosol cans under the Hazardous Materials Regulations (HMR; 49 CFR Parts\n171-180). Specifically, you request clarification if a visual observer is required to witness the\nhot water bath testing requirements for metal aerosol cans specified in§ 173.306(a)(5)(v).\nIn accordance with§ 173.306(a)(5)(v), each aerosol can, after it is filled, must be subjected to a\ntest performed in a hot water bath resulting in no leakage or permanent deformation of a\ncontainer. It is your understanding the requirements of§ 173.306(a)(5)(v) can be met without\nan observer being present during the hot water bath testing, provided test operators are trained\nto identify signs of leakage, distortion or defect after the test is completed. You request\nconfirmation that your understanding is correct.\nYour understanding is incorrect. The intent of the hot water bath specified in\n§ 173.306(a)(5)(v) is to test the leakproofness of a filled container. Though permanent\ndistortion may be visible during or after the test, leakage must be observed during the test. For\nthis reason, a visual observer must be present for the hot water bath test. An alternative to the\nhot water bath test method is provided in§ 173.306(a)(5)(vi) for plastic containers.\nI hope this answers your inquiry. If you need additional assistance, please call this office at\n202-366-8553.\nSincerely,\n/~LJ~\nRobert Benedict\nChief, Regulations Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\n13 18\n.,:EAM\n.'-..~IC SOLUTIONS\nFebruary 19, 2013\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\nEast Building, 2nd Floor\nMail Stop: E24-455\n1200 New Jersey Ave., SE\nWashington, DC 20590\ntsoc?+h<L\n~ t7Z. I D I\nAevo&c> I\nt3 -o o5Cf\nSubject: Hot Water Bath Testing Required For Aerosol Products\nDear Sir or Madam,\nBEAM Strategic Solutions is a consulting firm serving the chemical industry. We\nhave a question regarding aerosol testing that we would like to receive guidance\nfrom your agency.\nThe hot water bath testing required for aerosol products, is effective in identifying\noverfilled cans and defective cans that may have catastrophic failure. However,\nit is not an effective location to identify deformed cans or leakers.\nDeformed cans are easily identified as they travel down the production line after\nthe water bath. At that point they are in single file and vision is not impaired by\nlooking through water.\nCans that are leaking significantly are identified by product on the cans or\nin the valve cups and again this is easier to see after the water bath. Even\nproduct with a very slow leak rate is more accurately identified elsewhere\nin the production process or in storage. When checking for leakers in the\nwater bath there are many cans that may have trapped air in the valve\nbody or around the crimp that are thought to be leakers but are not.\nRemoving these cans from the bath is dangerous and results in additional\nsorting and QC to determine whether they are truly leaking.\nThe regulation states that cans must pass through the water bath without\nevidence of leakage, distortion or other defect. It does not clearly state whether\nthere must be a visual observer at the water bath. Our feeling is that we can\n.L\n--------------------------- ---------------------------\n708-927-9659 • P.O. Box 2J)I • Glen Ellyn, IL 6or38 • www.beamstratcgic.com\n\n<<<PAGE 3>>>\n\nmeet this requirement without an obseNer at the water bath as long as\noperators after the water bath are trained and looking for signs of leakage,\ndistortion or defect. We would like confirmation that this is a correct\ninterpretation of the regulation.\nThank you in advance for your reply and for comment on our question. I can be\nreached by phone at 708-927-9659, email at or by\nmail at the address below.\nSincerely yours,\n/ [\" \"/,/'\n~.&;--~-)-·\n./: / ___ _...,.\nI\n-~\nMark F. Kozak\nPresident\nBEAM Strategic Solutions\nPO BOX2351\nGlen Ellyn, IL 60138\nCC: phmsa.hm-pipelinesafety@dot.gov\n202-366-4595\n202-366-4566 (Fax)\nPage2","truncated":false,"body_characters":4378}