{"operation":"document","citation":"19-0006","title":"United Petroleum Transport — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-11-26","effective_on":null,"summary":"19-0006 response to United Petroleum Transport concerning 180.405, 180.407.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0006.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0006.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0006","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/72956/190006.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nNOV 2 6 2019\nRandy Decker\nDirector of Maintenance\nUnited Petroleum Transport\n4312 S. Georgia Place\nOklahoma City, OK 73129\nReference No. 19-0006\nDear Mr. Decker:\nThis letter is in response to your February 4, 2019, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to pressure test\nrequirements for MC 300 series cargo tanks. Specifically, you provide the following scenario:\n• You are the owner of an MC 300 series cargo tank.\n• In accordance with § 180.405(k), the cargo tank is marked with a MA WP of 3 psig.\n• Historically, in accordancewith §§ 180.405(k) and 180.407(g)(l)(iv), the cargo tank was\npressure tested at 3 psig.\nYou note that table 1 to§ 180.407(g)(iv) was amended following the November 7, 2018,\npublication of the final rule titled \"Hazardous Materials: Response to Petitions from Industry to\nModify, Clarify, or Eliminate Regulations\" [83 FR 55792; HM-219A]. This rulemaking\naddressed a petition for rulemaking (P-1615) that revised the table 1 entry for MC 300,301,302,\n303, 305, and 306 specification cargo tanks to read as: \"The test pressure on the name plate or\nspecification plate, or 1.5 times the MA WP, whichever is greater.\" Previously, the entry had\nread as: \"20.7 kPa (3 psig) or design pressure, whichever is greater.\"\nYou ask whether it was the intention of PHMSA to require a MC 300, 301, 302, 303, 305, or 306\nspecification cargo tank with a marked MA WP or design pressure of 3 psig to be tested to\n4.5 psig (1.5 x MA WP of 3 psig) instead of testing it to 3 psig.\nThe answer is no. In the HM-219A NPRM, PHMSA had originally proposed to revise\n§ 180.407(g)(l)(iv) to read as: \"The test pressure on the name plate or specification plate,\n20.7 kPa (3 psig) or design pressure, whichever is greater\" [81 FR 42609]. While PHMSA\nreceived comments to the proposed amendments in § 180.407(g)(l )(iv), these comments did not\nrequest a revision to the pressure specification of\"20.7 kPa (3 psig) or design pressure.\"\n\n<<<PAGE 2>>>\n\nFollowing review of your request, PHMSA has identified that this revision was made in error\nand was not PHMSA' s intention. PHMSA is working to address this error soon in an upcoming\nrulemaking. In the interim, you may continue to requalify the cargo tank at 3 psig.\nI hope this information is helpful. Please contact us if we can be of further assistance.\ns::~ < ~ td:tft .\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nJanuary, Ikeya CTR (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent:\nTo:\nSubject: Monday, February 04, 2019 3:15 PM\nHazmat Interps\nFW: Request for a letter of interpretation\nHello Alice and lkeya,\nBelow is a request for letter of interpretation.\nThanks,\nJonathon, HMIC\nFrom: Randy Decker [mailto:rdecker@otl-upt.com]\nSent: Monday, January 07, 2019 5:46 PM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov->\nSubject: Request for a letter of interpretation\nHello,\nI would like a better understanding of the new rule making on P-1615. The rule states on a MC300 series trailer, that the\ntest pressure on the name plate or specification plate, or 1.5 times the MAWP, whichever is greater. Well, my concern is\nthat 180.405 (k) states that, DOT-specification cargo tank with no marked design pressure or a marked design pressure\nof less than 3 psig. The owner of an MC 300, MC 301, MC 302, MC 303, MC 305, MC 306, or MC 312 cargo tank with a\npressure relief system set at 3 psig, must mark or remark the cargo tank with an MAWP or design pressure of not less\nthan 3 psig.\nNow I have followed 180.405 (k) and marked the MC300 series trailers to have a MAWP of 3 and the test pressure was\nalready 3 and by the new ruling the these trailer must be pressure tested at 4.5, which is 1.5 times higher the original\ntest pressure that the trailer was designed to be tested. How is this not a safety issue?\nRandy Decker\n4312 S. Georgia Place\nOklahoma City, OK 73129\nOffice Number: 405-670-8933\nMobile Number: 405-406-3850\nThank you, Randy\nDirector of Maintenance\n4312 S Georgia Place\nOklahoma City, OK 73129\nOffice: 405-670-8933\nCell: 405-406-3850\n1\n\n<<<PAGE 4>>>\n\nThis email has been scanned for email related threats and delivered safely by Mimecast.\nFor more information please visit http://www.mimecast.com\n2","truncated":false,"body_characters":4413}