{"operation":"document","citation":"19-0043","title":"Haley Hoewt — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-08-08","effective_on":null,"summary":"19-0043 concerning 171.2.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0043.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0043.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0043","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/72006/190043.pdf","body":"<<<PAGE 1>>>\n\n1040 C St #505\nSparks, NV 89431\nReference No. 19-0043\nDear Ms. Hoewt:\nThis letter is in response to your April 1, 2019, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to portable tanks. Specifically,\nyou ask whether a portable tank that has been \"rendered stationary\" (e.g., welded feet, bolted to\nthe ground) and is no longer used in transportation must be requalified in accordance with\n§ 178.605.\nIf the packaging is represented as being maintained and retested in accordance with applicable\nrequirements in the HMR by displaying the applicable specification markings, it is subject to the\nHMR. Section 171.2(g) states that no person may represent or offer a packaging as meeting the\nrequirements of the HMR unless the packaging is maintained, marked, and retested in\naccordance with the applicable requirements of the HMR. These requirements are applicable\nwhether or not the packaging is used for the transportation of a hazardous material. Therefore, if\nthe UN or DOT specification portable tank used at your facility is not maintained in accordance\nwith the HMR, we recommend you securely cover any identifying marks or specification plates\nrepresenting it as such. In the instance the packaging is used in transportation again at some\npoint in the future, it would have to meet all applicable requirements of the HMR prior to being\nfilled and placed into transportation.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nBelow is a request for letter of interpretation. In a separate email chain, Haley provided the information below:\n1040 C St #505\nSparks, NV 89431\n850.266.5069\nThanks,\nLynsie Patschke\nTransportation Regulatory Specialist\nHazardous Materials Information Center (HMIC)\nFrom: haley hoewt [mailto:haleyhoewt@gmail.com]\nSent: Monday, April 01, 2019 11:11 AM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Re: Request for Letter of Interpretation\nRevision to request for interpretation.\n1) Is DOT UN portable tank re certification a valid vessel permit for a UN portable tank that has been rendered stationary\n(ie: welded feet, bolted to ground, hard piping to and from tank) and has not been in transit for over 2 years?\n2) If answer to 1) (above) is \"Yes,\" does recertification for CSC apply to UN portable tank regardless of it's lack of\ninternational transit?\n3) If answer to 1) (above) is \"Yes,\" is an alternative means of hydrostatic testing allowable due to incompatibility with\nstored material in tank?\nOn Fri, Mar 22, 2019 at 10:34 AM INFOCNTR (PHMSA) < INFOCNTR. INFOCNTR@dot.gov> wrote:\nDear Haley,\nWe have received your request for a written letter of interpretation regarding the hazardous materials regulations (49\nCFR Parts 171-180). The hazardous materials regulations are available at the following URL:\n1\n\n<<<PAGE 3>>>\n\nSincerely,\nLynsie, Hazardous Materials Specialist\nAn e-mail response from this office is considered informal guidance. Formal guidance may be requested in accordance\nwith 49 CFR 105.20. http://phmsa.dot.gov/hazmat/regs/interps\nFrom: haley hoewt [mailto:haleyhoewt@gmail.com]\nSent: Friday, March 22, 2019 10:32 AM\nTo: INFOCNTR (PHMSA) < INFOCNTR.INFOCNTR@dot.gov>\nSubject: Request Letter of Interpretation\nTo whom it may concern,\nI'm emailing regarding a concern with respect to the jurisdiction of a UN portable tank.\nThis UN portable tank (T11) was built and certified for means of shipment of materials.\nHowever, since this time, it has been grounded (welded feed bolted to ground) with hard piping run to it (in essence,\nused for bulk storage). Due to it's nature of no longer being an \"in-transit\" vessel, i'm requesting guidance for\ndetermining under which code/who's jurisdiction it will now fall.\n2\n\n<<<PAGE 4>>>\n\n\"acy\n--\nHaley Hoewt (1- #i)\nHaley Hoewt (1] *i)","truncated":false,"body_characters":3951}