{"operation":"document","citation":"13-0178","title":"ThyssenKrupp North America, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-01-27","effective_on":null,"summary":"13-0178 response to ThyssenKrupp North America, Inc. concerning 173.306.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0178.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0178.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-13-0178","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2013/130178.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey A venue, S E\nWashington, D.C. 20590\nJAN 2 7 2014\nMr. Michael J. Bauer\nThyssenKrupp North America, Inc.\n111 W. Jackson Blvd.\nSuite 2400\nChicago, IL 60604\nRefNo.: 13-0178\nDear Mr. Bauer:\nThis is in response to your May 22, 2013 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) with regard to the testing of\naccumulators. Specifically, you seek confirmation that the methods you use for design-type\ntesting are in conformance with the HMR. In your letter, you provide details on the testing\nprocedures you use for testing of accumulators prior to shipment and indicate that the\nproducts are classified as \"UN3164, Articles, pressurized, pneumatic (containing nitrogen),\nDivision 2.2.\"\nIn your letter you state that your accumulators otherwise meet the requirements in\n§§ 173.306(£)(2), (f)(3) or (f)(4), as applicable for the design type. Accumulators shipped\nunder the requirements of these sections are subject to pressure testing requirements. To\nconduct the burst pressure testing you utilize a hydrostatic pressure test of at least three\naccumulators of each design type and charge each accumulator to the pressures indicated in\nin§§ 173.306(f)(2)(iii), 173.306(f)(3)(ii) and 173.306(f)(4)(ii). While these sections require\ntesting prior to shipment and before each refilling and reshipment, the HMR do not specify\nwhat type of pressure test is required. However, the method you describe satisfies the\nrequirements of§§ 173.306(f)(2)(iii), 173.306(f)(3)(ii) and 173.306(f)(4)(ii) for the pressure\ntesting of accumulators, classified-as \"UN3164, Articles, pressurized, pneumatic (containing\nnitrogen), Division 2.2.\" It should be noted that while the method you describe satisfies the\nminimum burst pressure requirements for the design, each accumulator must be tested to at\nleast three times the charge pressure at 70 op before initial shipment and before each refill\nand reshipment per§§ 173.306(f)(2)(iii) and 173.306(f)(3)(i). The results of this test for\neach accumulator must show no evidence of failure or damage.\nAdditionally, for the fire test required by § 173 .306(f)( 4) for accumulators intended to\nfunction as shock absorbers, struts, gas springs, pneumatic springs or other impact or\nenergy-absorbing devices you indicate that you subject each design-type to the fire test\nspecified in the Compressed Gas Association (CGA) pamphlet C-14. While CGA C-14 is\nnot incorporated by reference in this section, provided the fire test demonstrates that the\narticle relieves its pressure by means of a fire degradable seal or other pressure relief device,\n\n<<<PAGE 2>>>\n\nsuch that the article will not fragment and that the article does not rocket, in accordance with\n§ 173.306(f)(4)(iii) it would satisfy the requirements of the HMR.\nI hope this information is helpful. We apologize for the delay in our response and any\ninconvenience it may have caused. If you have any more questions, please do not hesitate to\ncontact this office.\nSincerely,\nRobert Benedict\nChief, Standards Development\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nThyssenKrupp\nThyssenKrupp North America, Inc. \"•\n'f~\nMichael J. Bauer\nAssistant General Counsel\nDD: 312-525-2743\nmichael.bauer@thyssenkrupp.com\nMay 22, 2013 .. '\nAssociate Administrator for Hazardous Materials Safety\nPHMSA\nU.S. Department ofT ransportation\nAttention: PHH-30\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, D.C. 20590-0001\nRe: Reguest for Interpretation re: UN 3164 Shipments by Land. Air. or Sea\nTo Whom It May Concern:\nWe hereby submit the following request for interpretation of the regulations specified below:\nSection of the Regulations for which interpretation/clarification is being made:\n• USDOT 49 CFR 173.306(f)(2)(iii)\no (iii) Each accumulator must be tested, without evidence of failure or damage, to at least three\ntimes its charged pressure of 70 °F., but not less than 120 p.s.i. before initial shipment and\nbefore each refilling and reshipment.\n• USDOT 49 CFR 173.306(f)(3)(i)\no (i) Each accumulator must be in compliance with the requirements stated in paragraph (f)(2)\n(i), (ii), and (iii) of this section. ·\n• USDOT 49 CFR 173.306(f)(4)(ii)\no (ii) Has a minimum burst pressure of 4 times the charge pressure at 20°C for products not\nexceeding 0.5 L gas space capacity and 5 times the charge pressure for products greater than\n0.5 L gas space capacity.\nDescription of activity for which interpretation/clarification is reguired:\nWe request interpretation of the HMR in regard to testing of UN 3164, Articles, pressurized, pneumatic (containing\nnitrogen), Class 2.2, that otherwise meet 49 CFR 173.306(f)(2) & (3), or (4).\nSpecifically, as to safety control testing requirements before initial shipment of accumulators we manufacture as\nnew goods (we do not undertake refilling and reshipment of new or used goods). In that, the testing frequency\napproach is on a Design-type basis for goods that meet 49 CFR 173.306(f).\nTo conduct the required Burst-strength testing before initial shipment, we would like to confirm the following\nqualification approach for each Design-type:\nHydrostatic pressure test-to-failure of at-least three accumulators for each design type. The pressure at\nfailure will be compared to the regulatory criteria for highway mode transportation, with fragmentation\nresulting in a test-failure observati'on. ·\nThyssenKrupp North America, Inc.\n111 West Jackson Street, Suite 2400\nChicago, Illinois 60604\n\n<<<PAGE 4>>>\n\nThyssenKrupp, N.A. Inc.\nAssociate Administrator for Hazardous Materials Safety\nMay 22,2013\nPage Two\nIn addition, for our accumulators that meet 49 CFR 173.306{f)(4) physical configuration criteria, we would like to\nconfirm the following qualification approach for each Design-type:\nFire Test according to Compressed Gas Association pamphlet CGA C-14, at-least one accumulator for\neach design type. The Fire Test results will be compared to the regulatory criteria for land, air, or sea\nmodes of transportation, with fragmentation or rocketing resulting in a test-failure observation.\nRegulatory consistency, exceptions from regulatory requirements, or prohibitions:\nConsidering that similar design-type testing for safety control purposes of UN 3164 accumulators is consistent with\nrecognized quality control/quality assurance protocols, we understand the following:\n• Confirming the above testing approach is not a request for exception, special permit, or relief from the\nHMR, nor prohibited by the HMR, for UN 3164 accumulators; and\n• Confirming the above testing approach will not increase risk of safety or property, as our goods are\nmanufactured under a formal Quality Assurance Program.\nMichael Bauer, J.D., LL.M.\nAssistant General Counsel\nThyssenKrupp North America, Inc.\n111 W. Jackson Blvd.\nSuite 2400\nChicago, IL 60604\nTele.: (312) 525-2743\ne-mail: michael.j.bauer@thyssenkrupp.corn","truncated":false,"body_characters":6996}