{"operation":"document","citation":"15-0001","title":"FIBA Technologies, Inc — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-04-24","effective_on":null,"summary":"15-0001 response to FIBA Technologies, Inc concerning 171.7, 178.35, 178.70.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0001.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0001.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0001","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/150001.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nJ.S. Department\nWashington. DC 20590\n1200 New Jersey Avenue SE\nPipeline and Hazardous\nAdministration\nMaterials Safety\nAPR 2 # 2015\nMr. Christopher Adams\nManager, Regulatory Affairs\nFIBA Technologies, Inc.\nP.O. Box 360\n1535 Grafton Road\nMillbury, MA 01527\nReference No. 15-0001\nDear Mr. Adams:\nThis is in response to your January 6, 2015 e-mail requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to cylinder inspections\nduring the manufacturing process. You ask if tests specified in 49 CFR and the applicable\nUN pressure receptacle standards may be witnessed by the independent inspection agency\n(IIA) via use of a real-time video feed, instead of a physical presence at the test site, and\nsatisfy the requirements in §§ 178.35(c)(3)(v) and 178.70(e)(1).\nIn addition, you note the definition of \"witness\" in CGA pamphlet C-11, incorporated by\nreference in § 171.7, states \"To see or know by personal presence or personal observation.\"\nYou indicate your belief that the video method accomplishes the intent of this definition by\nallowing \"personal observation.\"\nVideo monitoring by IIAs of applicable tests is not authorized under the HMR and would\nnot satisfy the requirements in §§ 178.35(c)(3)(v) and 178.70(e)(1). The intent of these\nrequirements is that the IIA witness or personally observe all applicable tests on-site.\nYou may apply to PHMSA for permission to use video monitoring under the terms of a\nspecial permit. To apply, you must submit an application to the Associate Administrator\nfor Hazardous Materials Safety that conforms with the requirements prescribed in 49 CFR\nPart 107, Subpart B. In your application, you must provide justification that the\nobservation method you are considering achieves a level of safety that is equal to or greater\nthan that required under the HMR. You may obtain information on the special permit and\n\n<<<PAGE 2>>>\n\napprovals applications process from our website at\nhttp://www.phmsa.dot.gov/hazmat/regs/sp-a, or by calling PHMSA's Approvals and\nPermits Division at (202) 366-4511.\nI trust this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\nDuane A. RA 1\nDuane Pfund\nInternational Standards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nWiener\nGoodall, Shante CTR (PHMSA)\nE33. 32\nFrom:\nCiccarone, Michael CTR (PHMSA)\n150001\nSent:\nTuesday, January 06, 2015 9:46 AM\nTo:\nSubject:\nHazmat Interps\nAttachments:\nFW: FIBA Technologies, Inc. - Request for Formal Letter of Interpretation from the DOT\n20150105155946480.pdf\nShante/Alice,\nPlease submit this for a formal letter of interpretation.\nThanks,\nMike\nFrom: Chris Adams [mailto: ChrisAdams@fibatech.com]\nTo: INFOCNTR (PHMSA)\nSent: Monday, January 05, 2015 5:09 PM\nSubject: FIBA Technologies, Inc. - Request for Formal Letter of Interpretation from the DOT\nTo Whom It May Concern:\nI was told by a person attending to the DOT information center that I could send the attached letter to this e-mail\naddress and you would get it forwarded to the right person for review and comment. As the letter indicates, FIBA is\nseeking from the DOT an answer to a question in the form of a formal letter of interpretation. My contact information is\nprovide in the attached letter if you have any questions. Perhaps tomorrow you could confirm your receipt of this letter\nand identify the department that you believe will be responding?\nSincerely,\nChristopher R. Adams\nManager, Regulatory Affairs\nFIBA Technologies, Inc.\n\n<<<PAGE 4>>>\n\nRO. Box 360\nMillbury, MA 01527 U.S.A.\n1535 Graiton Acad\nFIB\nTei: (50B) 887-7100\nFax: (508) 754-2254\nwww.fbatech.com\nQUALITY PRODUCTS-SERVICE\nJanuary 5, 2015\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\nSUBJECT: Request for a Letter of Interpretation\nREF.: 49 CFR §§178.35(c)(3)(v) and 178.70(e)\nTo Whom It May Concern:\nFIBA Technologies, Inc. (\"FIBA\"') holds manufacturer registration numbers M5635 and M6235\nfor its cylinder and tube manufacturing facilities located in Millbury, MA and Littleton, MA\nrespectively. Each of these facilities complies with the DOT regulatory requirements for the\nmanufacture of cylinders and UN tubes as described in 49 CFR Part 178, Specifications for\nPackagings. Each of these facilities works with DOT approved independent inspection agency\n(IIA), Steigerwalt Associates, Inc., which holds Independent Inspection Agency number IA11.\nAt both of our Massachusetts locations, FIBA manufactures DOT Specification 3AA and 3AAX\nand 3T cylinders per 49 CFR §178.37 and 49 CFR §178.45 respectively and DOT UN refillable\nseamless steel tubes per 49 CFR §178.71(j). We conduct our manufacturing operations during\nthree (3) shifts when Steigerwalt can support the witnessing activities required by 49 CFR.\nOur two (2) manufacturing locations are separated by approximately 40 miles. While we\ncertainly have the option of having IIA employees at both locations at all times, that's not the\nmost efficient use of our resources or theirs. To improve efficiencies for both organizations and\nminimize the planning involved with the logistics of witnessing tests at both locations, it is our\nhope that a video option will be approved by the DOT.\nWith regard to the duties of the inspector detailed in 49 CFR 178.35(c), which includes 49 CFR\n178.35(c)(3)(v), Witnessing all tests, and the responsibilities of the production IIA identified in\n49 CFR §178.70(e), Responsibilities of the production IIA, FIBA seeks from your office an\ninterpretation as to whether or not a real-time (versus recorded) video display (with a time clock\nshown) can be used by FIBA and our IIA to comply with the requirement to witness tests.","truncated":false,"body_characters":5847}