{"operation":"document","citation":"14-0063","title":"Texas Trailer Corp. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-07-29","effective_on":null,"summary":"14-0063 response to Texas Trailer Corp. concerning 173.302, 180.213.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0063.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0063.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0063","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2014/140063.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMaterials Safety\nPipeline and Hazardous\nAdministration\nJUL 2 9 2014\nRay Williams\nTexas Trailer Corp.\n1310 U.S. 82\nGainesville, TX 76240\nRef. No.: 14-0063\nDear Mr. Williams:\nThis responds to your March 27, 2014 letter to the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) requesting clarification of the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180) applicable to cylinders (tube trailers). You make a series of\nstatements about the application of the plus (+) sign to Department of Transportation (DOT)\nЗА, ЗАХ, ЗАА, ЗААХ and 3T cylinders (tube trailers). Your understanding and our\nresponses are as follows:\nQ1: Your understanding is § 173.302a(b)(5) requires a plus (+) sign to be added to the test\ndate marking on the cylinders (tube trailers) to indicate compliance with (b)(2), (b)(3),\nand (b)(4) of this section.\nAl:\nYour understanding is correct. Under § 173.302a(b)(5) a plus (+) sign is added\nfollowing the test date marking on the cylinder to indicate compliance with paragraphs\n(b) (2), (b)(3), and (b) (4) of this section.\nQ2:\nYou state that your company marks the plus (+) sign on the retest plate after the test\ndate when you re-qualify a cylinder (tube trailer) by hydrostatic testing. Your\nunderstanding is the plus (+) sign designates that the cylinder (tube trailer) has been\nre-qualified and meets all the requirements of §§ 173.302a and 180.213(f)(3), and is\napproved for special filling limits of 10% beyond the marked service pressure.\nA2:\nYour understanding is correct. Provided your cylinders (tube trailers) pass the\nhydrostatic testing and meet all of the requirements of § 180.213(f)(3), the cylinders\n(tube trailers) are approved for the special filling permits allowed by the plus (+)\nmarking on the retest plate.\nQ3:\nYou state that your company marks the plus (+) sign on the retest plate when you re-\nqualify a tube trailer by Acoustic Emission (AE) and Ultrasonic Examination (UE)\ninstead of hydrostatic testing. You ask whether DOT Special Permit (SP) 12184\nallows the (t) sign marking designation when retesting is performed successfully in\naccordance with paragraph 7 of DOT-SP 12184.\n\n<<<PAGE 2>>>\n\nA3: Your understanding is correct. Under DOT-SP 12184, the plus (+) sign marking\ndesignation is allowed when the tube trailers are successfully tested in accordance\nwith paragraph 7 of the Special Permit.\nQ4: You note that paragraph 8b of DOT-SP 12184 allows cylinders (tube trailers) to be\neligible for special filling limits. Your understanding is that the plus (+) stamp must\nbe found on the cylinder (tube trailer) from the previous re-qualification; or under the\nprevious re-qualification, 100% of the cylinder wall is examined by ultrasonic straight\nbeam examination.\nA4:\nYour understanding is correct. In order for the cylinders (tube trailers) to be eligible\nfor the special filling limits, the cylinders (tube trailers) must have the plus (+) stamp\nfrom the previous requalification, or the cylinders (tube trailers) must have 100% of\nthe cylinder wall examined by ultrasonic straight beam, and ensure the area corrosion\n(Which the remaining wall thickness is below minimum design wall thickness) is less\nthan or equal to .7 in?\nQ5:\nYou state that if you fail to mark the retest plate of a tube trailer with a plus (t) sign\nafter a retest, the trailer will be required to be re-qualified at the next periodic test by\n100% ultrasonic examination instead of the AE/UE testing. You add that without the\nplus (+) sign the trailer would not have any marking indicating that the cylinders (tube\ntrailers) allow special filling limits of 100% of marked service pressure. Your\nunderstanding is hazardous materials filling locations may not fill to 110% of marked\nservice pressure without such markings.\nA5:\nYour understanding is correct. Without the plus (+) sign on the cylinders (tube\ntrailers) the authorized filler may not fill the cylinder (tube trailer) to 110% of the\nmarked service pressure.\nQ6:\nYou ask about the (+) sign marking in relation to DOT-SP 12184. Your\nunderstanding is the 10 year inspection of the cylinder as specified in DOT-SP 12184\napplies only to the periodicity of testing and does not address the plus (t) sign\nmarking\nA6: Your understanding is correct. Paragraph 7b of DOT-SP 12184 requires cylinders to b\nretested at least once every five years and the external threads of each cylinder (tube\ntrailer) to be inspected every 10 years. These inspection intervals are not related to the\nplus (sign) marking for refilling the cylinders (tube trailers) to 110% of their marked\nservice pressure.\nQ7: You note that when the 10 year visual inspection is performed, a plus (+) sign marking\nwould not be applied to the cylinders (tube trailers). In addition, a plus (+) sign can\nonly be applied after a cylinder (tube trailer) has successfully been requalified and\nretested. You add that the plus (+) sign would be on the data plate from the previous\nretest only if it was approved for special filling limits of 110% of marked service\n2\n\n<<<PAGE 3>>>\n\npressure. Your understanding is if there is not a plus (+) sign on the retest plate, the\ncylinders (tube trailers) can only be filled at marked service pressure only.\nA7:\nYour understanding is correct. Without the plus (+) sign marking on the retest plate\nthat documents that the tube trailer has been requalified and retested, the cylinders\n(tube trailers) would only be allowed to be filled to the marked service pressure.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\nTakenn Foste\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 4>>>\n\nAndrews\n3173. 302a (b)\nDrakeford, Carolyn (PHMSA)\nSent:\nFrom:\nINFOCNTR (PHMSA)\n$180.213(f(3)\nTo:\nDrakeford, Carolyn (PHMSA)\nThursday, March 27, 2014 4:00 PN\ncylinders\nSubject:\nFW: plus (+) sign marking\n14-0063\nHi Carolyn,\nThis caller requested we submit this e-mail as a formal letter of interpretation.\nThanks,\nVictoria\nFrom: Ray Williams [mailto:ray.williams@texastrailercorp.com]\nSent: Thursday, March 27, 2014 3:44 PM\nTo: INFOCNTR (PHMSA)\nSubject: plus (+) sign marking\nInfo Center Personnel,\nPlease let me know if we are understanding the marking s required for special filling limits for DOT A,3АХ, ЗАА, ЗААХ\nand 3T cylinders.\n49 CFR 173.302a (b) (5) requires that a plus sign (+) is added following the test date marking on the cylinder to indicate\ncompliance with paragraphs (b)(2), (b)(3)and (b) (4) of this section.\nWe mark (+) on the retest plate after the test date when re-qualify a tube trailer by hydrostatic testing. That would\ndesignate that the tubes had been re-qualified and met all requirements of 49 CFR 173.302a and 49 CFR 180.213 (f)(3) to\nbe approved for special filling limits.\nWe also mark (+) on the retest plate when we re-qualify a tube trailer by AE/UE acoustic emission and ultrasonic\nexamination instead of hydrostatic testing. Our Special Permit SP 12184 allows that marking designation as long as the\nretest was performed successfully in accordance with paragraph 7 of the Special Permit.\nParagraph 8 b has additional requirements that allow the cylinders (tubes) to be eligible for special filling limits. One being\nthat a plus stamp (+) must be found on the cylinder (tube) from the previous re-qualification or that 100% of the cylinder\nwall is examined by ultrasonic straight beam examination.\nIf we fail to mark the retest plate of a tube trailer with a plus sign (+) after a retest, then the trailer will be required to be\nre-qualified at the next periodic test by 100% ultrasonic examination instead of by AE/UE testing. Without the plus sign (+)\nthe trailer would not have any indicating marking that would allow special filling limits. The haz mat filling locations that\nwe have been associated with will not fill to 110% of marked service pressure without such markings.\n\n<<<PAGE 5>>>\n\nResponses to the plus sign (+) marking questions have all addressed the 10 year Special Permit. I am not inquiring about\nthe marking requirements of our 10 year exemption or other test facilities 10 year exemption.\nI agree with Mark Toughiry's statement that the 10 year Special Permit applies only to periodicity of testing. It does not\naddress (+) marking nor should it.\nWhen the \"10 year\" Special Permit Visual Inspection is performed a plus sign (+) would not be applied. A plus sign can only\nbe applied after a tube trailer has been successfully re -qualified and retested. The plus sign would be on the data plate\nfrom the previous retest if it was approved for special filling limits. If there is not a plus sign (+) the fill locations should fill\nat marked service pressure only.\nPlease furnish us a written response as to DOT interpretation of this regulation.\nWe appreciate the help and guidance we receive from your department.\nBest Regards,\nRay Williams","truncated":false,"body_characters":8986}