{"operation":"document","citation":"21-0020","title":"Transport Canada, Ontario Region — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2021-10-22","effective_on":null,"summary":"21-0020 response to Transport Canada, Ontario Region concerning 180.605.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0020.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0020.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-21-0020","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/76056/210020.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nOctober 22, 2021\nMr. Brent Grice\nDangerous Goods Inspector\nTransport Canada, Ontario Region\n4900 Yonge Street-3rd Floor\nNorth York, Ontario M2N 6A5\nCanada\nReference No. 21-0020\nDear Mr. Grice:\nThis letter is in response to your March 2, 2021, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to rejection criteria during the\ninspection of Department of Transportation (DOT) Specification 51 portable tanks.\nWe have paraphrased and answered your questions as follows:\nQ1. You ask what the rejection criteria is for a DOT Specification 51 portable tank should a\nreduction in wall thickness be found during an inspection.\nA1. If a DOT Specification 51 portable tank is found to have a reduction in wall thickness\nduring an inspection and it is verified by appropriate measurement, the wall thickness\nmay not fall below the minimum thickness (i.e., the manufactured thickness minus any\napplicable corrosion allowance). If it does, the inspector may determine such findings to\nbe evidence of an “unsafe condition.”\nQ2. You ask how a person should determine the minimum thickness of a DOT Specification\n51 portable tank since the minimum thickness is not required to be marked on the name\nplate.\nA2. If a DOT Specification 51 portable tank is not marked with the minimum wall thickness,\nthe thickness listed on the manufacturer’s data report—minus any applicable corrosion\nallowance—may be used as the minimum thickness of the portable tank.\n\n<<<PAGE 2>>>\n\nQ3. You ask whether thickness readings that are below the thicknesses indicated on the\nmanufacturer’s data report—minus any applicable corrosion allowance—meet the\nrejection criteria of § 180.605(i) as evidence of an “unsafe condition.”\nA3. The answer is yes. If thickness readings are below the thicknesses indicated on the\nmanufacturer’s data report—minus any applicable corrosion allowance—the inspector\nmay determine such findings to be evidence of an “unsafe condition” in accordance with\n§ 180.605(i). See answer A1.\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<<<PAGE 3>>>\n\nEdmonson\n21-0020\nFrom: INFOCNTR (PHMSA)\nTo: Subject: Date: Dodd, Alice (PHMSA); Hazmat Interps\nFW: Request for Formal Interpretation\nTuesday, March 2, 2021 2:08:42 PM\nHi Alice,\nPlease see below for a letter of interpretation request. Please contact our office with any questions.\nThank you,\nSarah (HMIC)\nFrom: Grice, Brent [mailto:brent.grice@tc.gc.ca]\nSent: Tuesday, March 2, 2021 10:57 AM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Request for Formal Interpretation\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the\nsender and know the content is safe.\nGood Morning,\nI am an inspector with Transport Canada Dangerous Goods and I am trying to seek clarification with respect to Specification 51 portable\ntanks and the requirements for periodic testing, inspection and repair of portable tanks outlined in 49CFR paragraphs § 180.605(g)(1) &\n180.605 (i)\n§ 180.605 (g) (1) states\nThe shell is inspected for pitting, corrosion, or abrasions, dents, distortions, defects in welds or any other conditions, including\nleakage, that might render the portable tank unsafe for transportation. The wall thickness must be verified by appropriate\nmeasurement if this inspection indicates a reduction of wall thickness;\n§ 180.605 (i) states:\nRejection criteria. When evidence of any unsafe condition is discovered, the portable tank may not be returned to service until\nit has been repaired and the pressure test is repeated and passed.\nThe clarification that I am seeking is as follows:\n1. What is the rejection criteria to determine if the reduction in wall thickness is worn beyond acceptable limits as 49CFR 180.605(i)\nis very unclear as it only indicates to be rejected when an unsafe condition is discovered?\n2. Nameplates on Specification 51 portable tanks were not required to be marked with a minimum thickness for shells and heads\n(at least in 49 CFR publications in 1982, 1986, 1992, 1994, 1997). Should the thicknesses listed on the U-1A, manufacturer’s data\nreport, be considered as minimum thicknesses?\n3. If the answer to question 2 is no, then what forms the basis for a minimum acceptable thickness for in-service Specification 51\nportable tanks?\n4. Would thickness readings that are below the thicknesses indicated on the U-1A form minus any corrosion allowance meet the\nrejection criteria of § 180.605 (i) as evidence of an unsafe condition?\nI look forward to hearing a response by email or by mail\nThanks\nBrent\nBrent Grice\nDangerous Goods Inspector / Inspecteur-Marchandises Dangereuses\nTransport Canada / Transports Canada\nOntario Region / Region de l'Ontario\nTelephone | Téléphone: (416) 973-1868\nFacsimile | Télécopieur: (416) 973-9907\n\n<<<PAGE 4>>>\n\nTDG-TMDOntario@tc.gc.ca\n4900 Yonge Street-3rd Floor, North York, Ontario M2N 6A5\n4900 rue Yonge 3ieme etage, North York, ON M2N 6A5\nGovernment of Canada | Gouvernement du Canada","truncated":false,"body_characters":5355}