{"operation":"document","citation":"17-0083","title":"Gold Tank Inspection Service Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2018-02-08","effective_on":null,"summary":"17-0083 response to Gold Tank Inspection Service Inc. concerning 171.1, 178.273.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0083.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0083.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0083","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/57221/170083.pdf","body":"<<>>\n\nKingwood, TX 77325\nReference No. 17-0083\nDear Mr. Antoniou:\nThis letter is in response to your July 14, 2017, letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to United Nations (UN)\nportable tanks. Specifically, you ask whether it was the Pipeline and Hazardous Materials Safety\nAdministration's (PHMSA) intent to reduce the design margin (safety factor) for UN portable\ntanks when it incorporated by reference (IBR) the 2015 Edition of the American Society of\nMechanical Engineers Boiler and Pressure Vessel Code (ASME Code) into the HMR on May 31,\n2016, in the final rule titled \"Incorporation by Reference Edition Update for the American\nSociety of Mechanical Engineers Boiler and Pressure Vessel Code and Transportation Systems\nfor Liquids and Slurries: Pressure Piping Code\" [Docket No. PHMSA-2015-0271 (HM-261)].\nYou cite a letter of interpretation issued by this Office to Mr. Mike Pitts on July 1, 2016, that\nacknowledges the reduced design margin allowed in the 2015 ASME Code (3.5:1) was not\napplicable to U.S. Department of Transportation (DOT) specification cargo tanks unless under\nthe terms of a special permit.\nAs prescribed in § 178.273 of the HMR, UN portable tanks must be designed, constructed,\ncertified, and stamped in accordance with the requirements in Division I, Section VIII, of the\nASME Code IBR in § 171.7. Further, the reduced design margin prescribed in Division I,\nSection VIII, of the 2015 ASME Code (3.5:1) is authorized for UN portable tanks. Thus, the\nreduced design margin restriction applicable to DOT specification cargo tanks does not apply to\nUN portable tanks manufactured in accordance with Division I, Section VIII, of the 2015 ASME\nCode. The IBR, however, does not include changes to currently adopted ASME Boiler and\nPressure Vessel Code rules (i.e., code cases). Any variation from the HMR would require a\nspecial permit from PHMSA.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<>>\n\nco arternoon Alice\nPlease process as a request for interpretation.\nThank you,\nShane\nFrom: Derkinderen, Dirk (PHMSA)\nSent: Monday, August 07, 2017 12:25 PM\nTo: Kelley, Shane (PHMSA) \nCc: Nickels, Matthew (PHMSA) \nSubject: FW: Docket PHMSA -2015-0271 (HM -216)\nWith the missing attachment.\nFrom: Cassidy, Duane (PHMSA)\nSent: Monday, August 07, 2017 12:11 PM\nTo: DerKinderen, Dirk (PHMSA) ; Foster, Glenn (PHMSA) \nCc: Benninghoven, Neil (PHMSA) \nSubject: FW: Docket PHMSA -2015-0271 (HM -216)\nCan someone give me a status on this, and to verify whether you received this as Aris states below? The letter is\nattached for your review.\nRegards and thanks,\nDuane M. Cassidy\nChief, Pressure Vessels Branch\nApprovals and Permits Division - PHH-30\nOHMS, PHMSA, U.S. DOT\n(202)-366-5794\nEast Building, E21-301\n1200 New Jersey Ave., Si\nWashington, D.C. 20590-0001\n\n<<>>\n\nDAA, we have been asked to approve a series of UN T21 tanks about to be manufactured here in Houston starting in the\nvery near future. It is near impossible for us to do our job as a DAA without some guidance from PHMSA. Is there any\nway you can expedite a reply or at least give us some guidance?\nRgas, Aris, Gold Tank Inspection Service Inc.\n\n<<>>\n\nPipeline and Hazardous Material Administration\nOffice of Hazardous Material Safety\nEast Building, PHH-10\n1200 New Jersey Avenue SE\nWashington, DC 20590-0001\nDear Sir,\nI refer to (1) Docket PHMSA-2015-0271-(HM-216) and (2) your letter of 1-July-2016 to Mr. M. Pitts of\nMississippi Tank (copy attached for your easy reference).\nEssentially, I have the same question for UN portable tanks. When incorporating by reference the 2015 Edition\nof the ASME Code, did PHMSA intend to accept the reduction of the safety factor (design margin) from 4:1\n(1998 ASME) to 3.5:1 (2015 ASME). Further, does PHMSA automatically accept ASME Code Cases when issued\nby ASME?\nFor cargo tanks, based upon your letter to Mr. Pitts, the answer was apparently \"no\". For portable tanks,\nPHMSA's past policy was to require a Special Permit to allow a 3.5:1 design margin and to allow a Code Case.\nAs only one example, 1 refer you to SP 16133 issued to Cryovat. This Special Permit authorizes a design margin\nof 3.5:1 and therefore the use of Code Case 2596 concerning the cold stretching of austenitic stainless steels.\nThe presumption has always been that potable tanks see significant external loads due to transportation in\naddition to pressure loads. The ASME Code addresses them vaguely or generally, while DOT addresses them\nspecifically in 49CFR178.273(c). There is also the issue of existing (already-approved) designs and whether the\npressure vessel wall can be thinned (based upon 3.5:1) without re-analyses or re-approval.\nAs for Code Cases, some jurisdictions accept them automatically, some do not. The issue here is that ASME,\nwhen issuing a Code Case, has in no way taken into consideration that UN portable tanks are used in\ntransportation and that they are used in hazardous material service.\nWe look forward to your reply to the above.\nSincerely,\nAris Antoniou\nGold Tank Inspection Service Inc.\nPO Box 5638, Kingwood, TX 77325\nTel: 281 913 8382; Fax: 281 913 8384; email: goldserviceusa@aol.com\n\n<<>>\n\nMississippi Tank Company\nPost Office Drawer 1391\nHattiesburg, Mississippi 39403-1391\nRE: Docket No. PHMSA-2015-0271 (HM-261)\nDear Mr. Pitts:\nThank you for your comment to the direct final rule for the incorporation by reference (IBR)\nof the 2015 Edition of the American Society of Mechanical Engineers Boiler and Pressure\nVessel Code (ASME Code), which was filed in the aforementioned docket on May 31, 2016.\nThank you as well for your subsequent email correspondence and phone conversation with\nJoseph Solomey, our Senior Assistant Chief Counsel for Hazardous Materials Safety. Your\ncomments were submitted timely and we do not view them as adverse for the reasons\ndiscussed below.\nIn your comment you express concerns that the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) is allowing the higher allowable stresses in the newer editions of\nthe ASME Code for specification cargo tanks. You rightfully point out that the current (2015)\nEdition of the ASME Code, Section VIII allows higher allowable stresses, resulting in a\ndesign margin of 3.5:1, compared to a design margin of 4:1 in the 1998 edition. You have\nhighlighted three sections of the Hazardous Materials Regulations, 49 C.F.R. §$178.337-\n3(a)(1), 178.345-3(a)(1) and 178.338-3(a)(1), all of which contain similar, but not exact\nverbiage. Although the verbiage is not identical, it is PHMSA's position that all three of these\nsections require the manufacturer to build a specification cargo tank to the 4:1 design margin.\nThis direct final rule maintains the design margin of 4:1 for DOT specification cargo tanks\nmanufactured to ASME Code Section VIII. PHMSA may revisit the verbiage in 49 C.F.R.\n§§178.337-3(a)(1), 178.345-3(a)(1) and 178.338-3(a)(1) in a future rulemaking to clarify any\nconfusion outlined within your comments surrounding allowable stresses. We sincerely\nappreciate your support for this rulemaking and for PHMSA's efforts in updating the ASME\nCode in the Hazardous Materials Regulations.\nSincerely,\nMr. Charles E. Betts\nDirector\nStandards and Rulemaking Division\n\n<<>>\n\nMaterials Safety Administration\nDOT-SP 16133\n(FIRST REVISION)\nEXPIRATION DATE: 2020-09-30\n(FOR RENEWAL, SEE 49 CFR § 107.109)\n1.\nGRANTEE:\nCryovat International BV (The Rootselaar Group)\nNIJKERK, Netherlands\nUS AGENT: Chlorine Service Company, Kingwood, TX)\n2.\nPURPOSE AND LIMITATIONS:\na.\nThis special permit authorizes the manufacture, mark,\nsale and use of non-DOT specification UN portable tanks\nconforming to portable tank code T75 that have been\ndesigned,\nconstructed and stamped in accordance with the\nlatest edition of Section VIII, Division 1 of the ASME Code\nwith a design margin of 3.5:1, except as specified herein,\nSo 3.5111\nfor the transportation in commerce of the materials\nauthorized by this special permit. This special permit\nprovides no relief from the Hazardous Materials Regulations\n(HMR)\nother than as specifically stated herein. The most\nrecent revision supersedes all previous revisions.\nb.\nThe safety analyses performed in development of this\nspecial permit only considered the hazards and risks\nassociated with transportation in commerce. The safety\nanalyses did not consider the hazards and risks associated\nwith consumer use, use as a component of a transport vehicle\nor other device, or other uses not associated with\ntransportation in commerce.\n3.\nREGULATORY SYSTEM AFFECTED: 49 CFR Parts 106, 107 and 171-\n180.\n4.\nREGULATIONS FROM WHICH EXEMPTED: 49 CFR S 178.274 (b) and\n178.277 (b) (1) in that alternative packaging is authorized.\n\n<<>>\n\n6.\nHAZARDOUS MATERIALS (49 CFR $ 172.101):\nHazardous Material Description\nProper Shipping Name\nHazard\nIdenti-\nPacking\nClass/\nfication\nGroup\nDivision\nNumber\nDivision 2.1 and 2.2 materials\n2.1 or\nAs\nN/A\nauthorized for UN Portable Tanks\n2.2\nappro-\n(see Portable Tank Code T75)\npriate\n7.\nSAFETY CONTROL MEASURES:\na. PACKAGING -\n1. Packaging prescribed is a UN portable tank\nconforming to the requirements of § 172.102 (C) (7)\nPORTABLE TANK CODE T75 which are designed, constructed,\ncertified and stamped in accordance with Section VIII,\nDivision 1 of the ASME Code (latest edition), with a\ndesign margin of 3.5:1, including all applicable ASME\nCode Cases. The portable\ntank is vacuum insulated and\nis enclosed in an ISO frame. Each portable tank must be\nconstructed in accordance with the manufacturer's\ndrawings, specifications and calculations on file with\nthe Office of Hazardous Materials Special Permits and\nApprovals (OHMSPA).\n2.\nTank capacity and pressure: The design criteria\nfor the inner tank are as follows:\nDesign pressure (See | 10 bar (145 psig) min.; 24 bar (348\nNote 1)\npsig) max.\nWater capacity\n21000 litres (5548 USWG) min.; 46000\nlitres (12152 USWG) max.\nNote 1: The design pressure means the \"Maximum Allowable\nWorking Pressure\" as used in the ASME Code.\n\n<<>>\n\nesty marya a soot, including add\napplicable Code Cases and a hydrostatic test pressure\nof 1.3 MAWP.\n4.\nMaximum Gross Weight: 36,000 Kg (79,366 lbs.)\nG-Loadings: Vertical down - 2; Vertical up - 2;\nLongitudinal - 2; Transverse - 2.\nInsulation:\nThe tanks must be insulated with\nsuper insulation in a vacuum, protected by a steel\nouter jacket\n7.\nBaffles: Optional.\nb. TESTING -\n(1) Hydrostatic test certificates for each tank must be\nmaintained by the owner and made available upon request\nto any representative of DOT.\n(2) A test report documenting a satisfactory ISO\nprototype test for each tank design must be on file with\nOHMSPA prior to the first shipment.\n(3) Each tank must be inspected and tested as specified\nin S 180.605 (c) (1) for UN portable tanks, except the\nhydrostatic test pressure shall be no less than 1.3 MAWP.\nC. OPERATIONAL CONTROLS -\n(1) Each portable tank must be filled by weight.\n(2) Each tank must be visually inspected prior to\nshipment to ensure that it has not been damaged during\nloading.\nd. MARKING -\n(1) Each portable tank must be marked \"AA\" Alternative\nArrangement as required by S$ 178.274 (a) (2) and\n178.274 (i).\n\n<<>>\n\nof this\nuse cy pple tank under the terms\nspecial permit in Offshore service, additional\ninformation must be submitted to and acknowledged in\nwriting by the AAHMS that the tanks have been designed,\nconstructed and\ntested to the Guidelines for the\nApproval of Containers Handled in Open Seas specified in\nthe IMDG Code. Tanks meeting this additional criteria\nshall be marked \"OFFSHORE portable tanks\" as required by\n$ 178.274 (i) (3).\n8.\nSPECIAL PROVISIONS:\na. In accordance with the provisions of Paragraph (b) of\nS 173.22a, persons may use the packaging authorized by this\nspecial permit for the transportation of the hazardous\nmaterials specified in paragraph 6, only in conformance with\nthe terms of this special permit.\nb. A person who is not a holder of this special permit, but\nreceives a packaging covered by this special permit, may\nreoffer it for transportation provided no modification or\nchange is made to the packaging and it is offered for\ntransportation in conformance with this special permit and\nthe HMR.\nc. A current copy of this special permit must be maintained\nat each facility where the package is offered or reoffered\nfor transportation.\nd. Each packaging manufactured under the authority of this\nspecial permit must be either (1) marked with the name of\nthe manufacturer and location (city and state) of the\nfacility at which it is manufactured or (2) marked with a\nregistration symbol designated by the Office of Hazardous\nMaterials Special Permits and Approvals for a specific\nmanufacturing facility.\ne. A current copy of this special permit must be maintained\nat each facility where the packaging is manufactured under\nthis special permit. It must be made available to a DOT\nrepresentative upon request.\n\n<<>>\n\n(2) ASME certificate of authorization indicating the\ncurrent/valid ASME certification mark and designator.\n(3) The designated approval agency must verify\ncompliance with all requirements of SS 178.274 and\n178.277 and PORTABLE TANK CODE T75 as modified by this\nspecial permit.\nSuitable calculations to show that the actual\nventing capacity of the pressure relief devices\nprovided on each tank exceeds the capacity required for\neach gas listed on the product plate as calculated in\naccordance with $ 178.277 (e) (4).\nPortable tanks that will be used in offshore\nservice are required to be stamped \"Offshore Portable\nTank\" and require additional information to be\nsubmitted and acknowledged by the Associate\nAdministrator for Hazardous Materials Safety justifying\nuse in such service.\nMODES OF TRANSPORTATION AUTHORIZED: Motor Vehicle, Cargo\nVessel, Rail Freight.\n10. MODAL REQUIREMENTS:\nA current copy of this special permit\nmust be carried aboard each cargo vessel or motor vehicle\nused to transport packages covered by this special permit.\n11.\nCOMPLIANCE: Failure by a person to comply with any of the\nfollowing may result in suspension or revocation of this\nspecial permit and penalties prescribed by the Federal\nhazardous materials transportation law, 49 U.S.C. 5101 et\nAll terms and conditions prescribed in this special\npermit and the Hazardous Materials Regulations, 49 CFR\nParts\n171-180.\nPersons operating under the terms of this special\npermit must comply with the security plan requirement\nin Subpart I of Part 172 of the HMR, when applicable.\n\n<<>>\n\nalic\nCaLLions\no. unis\npermit in addition to the training required by S$ 172.700\nspecial\nthrough 172.704.\nNo person may use or apply this special permit, including\ndisplay of its number, when this special permit has expired\nor is otherwise no longer in effect.\nUnder Title VII of the Safe, Accountable, Flexible,\nEfficient Transportation Equity Act: A Legacy for Users\n(SAFETEA-LU) -\"The Hazardous\nMaterials Safety and Security\nReauthorization Act of 2005\" (Pub. I. 109-59), 119 Stat.\n1144 (August 10, 2005), amended the Federal hazardous\nmaterials transportation law by changing the term\n\"exemption\" to \"special permit\"\nand authorizes a special\npermit to be granted up to two years for new special permits\nand up to four years for renewals.\n12.\nREPORTING REQUIREMENTS: Shipments or operations conducted\nunder this special permit are subject to the Hazardous\nMaterials Incident Reporting requirements specified in 49\nCFR S$ 171.15 Immediate notice of certain hazardous\nmaterials incidents, and 171.16 Detailed hazardous materials\nincident reports. In addition, the grantee (s) of this\nspecial permit must notify the Associate Administrator for\nHazardous Materials Safety, in writing, of any incident\ninvolving a package, shipment or operation conducted under\nterms of this special permit.\nIssued in Washington, D.C.:\nfor William Schoonover\nActing Associate Administrator for Hazardous Materials Safety\nAddress all inquiries to: Associate Administrator for Hazardous\nMaterials Safety,\nPipeline and Hazardous Material Safety\nAdministration, U.S. Department of Transportation, East Building\nPHH-30, 1200 New Jersey Avenue, Southeast, Washington, D.C.\n20590.\n\n<<>>\n\nare permitted. Any\nalteration of\nspecla!\npermit\nprohibited.\nthis special permit is\nPTO: Staniszewski/SGrey","truncated":false,"body_characters":16610}