{"operation":"document","citation":"19-0125","title":"Guthrie Heli-Arc, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2020-02-27","effective_on":null,"summary":"19-0125 response to Guthrie Heli-Arc, Inc. concerning 180.407, 180.415.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0125.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0125.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-19-0125","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/73512/190125.pdf","body":"<<>>\n\nIKristen Powell\nIGuthrie Heli-Arc, Inc I Tracking 119-0125\n1585-494-2600 Revision Date: 110/30/2019 I\n10/17/2019 110/30/2019 I\nIPHH-1 0 -Specialist St2t 110/30/2019 I\nI ILLI1iVH I\nHBPLJ Copy to Docket JJ Copy to DHM-60\n\n<<>>\n\nDodd, Alice (PHMSA) (\\ O\\\nFrom: INFOCNTR (PHMSA)\nSent: Wednesday, October 30, 2019 2:24 PM\nTo: Hazmat Interps\nSubject: FW: Guthrie Hell-Arc, Inc. -Request of Interpretation\nAttachments: G uthrie- Request of i nterpretation.pdf\nHello Alice and lkeya,\nPlease see attached for letter of interpretation request. The requester spoke with Sarah and Jonathon in the HMlC who\nwere unable to find any letters or guidance that addressed the question. After reaching out to Ryan, they went to Victor\nCasillas who confirmed with Mike C and Dirk that the regulations do not define hazardous material transportation\nservice so there is no way to indicate if it has to be legal transportation to be considered \"in service\" to determine when\ntests have to be completed.\nPlease contact our office with any questions.\nThank you,\nKathryn, HMIC\nFrom: kristen@guthrieheliarc.com [mailto:kristen@guthrieheliarc.com]\nSent: Wednesday, October 30, 2019 12:08 PM\nTo: INFOCNTR (PHMSA) \nCc: 'Matt Ryan' ; megr@guthrieheliarc.com\nSubject: Guthrie Hell-Arc, Inc. -Request of Interpretation\nPlease see the attached Request of Interpretation.\nMailing Address: 6276 Clinton Street Rd Bergen, NY 14416\nThank You,\nKristen Powell\nGuthrie Hell-Arc, Inc\n6276 Clinton Street Road\nBergen, NY 14416\nPhone: 585-494-2600\nFax: 585-494-2662\n2avast This email has been checked for viruses by Avast antivirus software.\nwww.avast.com\n\n<<>>\n\nGuthrie Heli-Arc, lnc./Guthrie Sales & Service\n6276 Clinton Street Road\nBergen, NY 14416\nPhone: 585-494-2600\nFax: 585-494-2662\nR stamp Number: 2711\nEmail: mattrquthrieheliarc.com\nCer SRWOSB\nWoman Owned Small Bus1ness\nTo whom it may concern:\nWe have been involved in the federal tank inspection since 1991. We currently\nhave a situation that we would like to have reviewed and a letter of interpretation\nprovided.\nWe have a long standing customer which we perform all annual V, K and I , P\ntesting on their MC331 propane bobtail trucks. The truck in question had an annual\nV, K per-formed by our facility on 9/2017. The customer did not have an annual test\nperformed at all in 2018. It is now October 2019 and this tank has been out of\nfederal compliance for more than a year (13 months) since its last V, K test date.\nHowever, the customer has told us that it was still being used (illegally/out of\ncompliance) for deliveries to date. As we were scheduled to perform annual V, K\ntesting on his other equipment, this particular truck in question was also in need of\nan annual V, K.\nAccording to the DOT regulation, 180.415 (b) (3), \"The cargo tank has been out of\nhazardous material transportation service for a period of one year or more. Each\ncargo tank has been out of hazardous materials transportation service for a period\nof one year or more must be pressure tested in accordance with 180.407 (g) prior\nto further use.\"\nIt is our interpretation that this unit is in need of a pressure test (180.407 (g)) prior\nto us performing the request for an annual V, K. The customer disagrees and\nstates that the equipment is still in service because it is able to deliver product and\nhas continued to be on the road regardless of it being illegal/out of compliance.\nPer the regulation, what is the definition of \"service\"? It is our belief that if a federal\nregulated vessel does not follow the mandatory testing to be DOT compliant then\nthey are rendered \"out of service\". Therefore in this situation, the customer has\nbeen \"out of service\" for over the one year period.\nPlease provide us with your input and a letter of interpretation regarding this\nsituation.\nBest Regards,\nMatthew Ryan-Owner/Registered Inspector\ne1e\ncr\nBRUSH HAWG\nMuItihog\nOULEUO\nINTERNATIONAL\nVACALL\nISJEW W,W\nPRES'IC\nSYSTEMS\npri,ress tail\nArrow\n\n<<>>\n\nUS. Department 1200 New JerseyAvenue, SE\nof Transportation Washington, DC 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration\nKristen Powell FEB 27 202fl\nGuthrie Heli-Arc, Inc\n6276 Clinton Street Road\nBergen,NY 14416\nReference No. 19-0125\nDear Ms. Powell:\nThis letter is in response to your October 30, 2019, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the testing\nrequirements for a Department of Transportation (DOT) Specification MC 331 cargo tank. You\ndescribe a scenario in which an MC 331 cargo tank underwent external visual inspection and\nleakage testing in September 2017, but did not undergo any testing in 2018. Your company was\nscheduled to perform external visual inspection and leakage testing on the cargo tank in October\n2019 and determined that a pressure test was also required. However, your customer stated that\nthe cargo tank is still being used for deliveries and is, therefore, still in \"hazardous materials\ntransportation service\" even though it has been out of Federal compliance for more than a year.\nSpecifically, you ask for the definition of \"service\" and seek confirmation of your understanding\nthat an MC 331 cargo tank that is not compliant with the HMR would be considered \"out of\nservice.\"\nIn your email, you reference § 180.415(b)(3); however, it is § 180.407(b)(3) that states:\nThe cargo tank has been out ofhazardous materials transportation servicefor aperiodof\none year or more. Each cargo tank that has been out ofhazardous materials\ntransportation servicefor aperiod ofone year or more must be pressure tested in\naccordance with § 180.407(g) prior to further use.\n\n<<>>\n\nThe HMR do not define the phrase \"hazardous materials transportation service,\" as used in\n§ 180.407(b)(3). However, this Office generally agrees with your understanding that an MC 331\ncargo tank that is not compliant with the requirements of the HMR would be considered out of\nservice and would require pressure testing in accordance with § 180.407(b)(3).\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","truncated":false,"body_characters":6281}