{"operation":"document","citation":"24-0012","title":"Kwik Trip — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2024-05-09","effective_on":null,"summary":"24-0012 response to Kwik Trip concerning 171.8, 180.411.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0012.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0012.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0012","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2024-05/240012.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMay 9, 2024\nMr. Carl Suhr\nKwik Trip\n1626 Oak Street\nP.O. Box 2107\nLa Crosse, WI 54602\nReference No. 24-0012\nDear Mr. Suhr:\nThis letter is in response to your February 22, 2024, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to cargo tanks. In\nyour email, you reference § 180.411(c)—which lists examples of welds and structural defections\nrequiring cargo tanks be taken out of hazardous materials service until repaired. You note that\nwhen discussing this issue with a cargo tank manufacturer, they assert that since “pinhole” is not\ndefined in the HMR they—the cargo tank manufacturer—default to the American Society for\nMechanical Engineers (ASME) Code which states that if pinholes are present but do not leak\nduring hydrostatic testing they are acceptable.\nWe have paraphrased and answered your questions as follows:\nQ1. You ask whether there is a standard for “pinholes” in welds that are part of a cargo tank.\nA1. For a cargo tank, § 180.411(c) states that “any cargo tank with a weld defect such as a\ncrack, pinhole, or incomplete fusion, or a structural defect must be taken out of hazardous\nmaterials service until repaired.\n” Although “pinhole” is not defined in the HMR, a\nmanufacturer or cargo tank owner may not choose to revert to the American Society of\nMechanical Engineering (ASME) Code for a definition of a pinhole or for guidance.\nPHMSA asserts that the word “pinhole” as referenced in the HMR is being used to\nelaborate what a weld defect could be on a cargo tank. The determination of whether a\nweld defect exists and/or warrants taking a cargo tank out of service under § 180.411(c)\nwould be determined during the inspection processes required under the HMR.\nQ2. You ask whether there is a standard for “pinholes” in welds that attach appurtenances to\nthe barrel of a cargo tank (i.e., pads).\n\n<<<PAGE 2>>>\n\nA2. In § 171.8, a cargo tank is defined as “a tank intended primarily for the carriage of liquids\nor gases and includes appurtenances, reinforcements, fittings, and closures.\n” Therefore,\nappurtenances are considered as part of the cargo tank and their respective welds are\nsubject to the same requirements for pinholes in § 180.411(c).\nI hope this information helpful. Please contact us if we can be of further assistance.\nSincerely,\nSteven Andrews\nActing Chief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nVore\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Interpretation Request\nDate: Monday, March 4, 2024 4:41:46 PM\n24-0012\nHi Alice,\nPlease see the below interpretation request.\nLet me know if you need anything.\nRegards,\n-Breanna\nFrom: Carl Suhr <CSuhr@kwiktrip.com>\nSent: Thursday, February 22, 2024 11:08 AM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Interpretation Request\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nDate: February 22, 2024\nRE: Request for Interpretation, 49 CFR 180.411 (c)\nI am writing to request an interpretation clarifying the definition of a “pinhole” in the above\nreferenced regulation.\nPer the guidance of the regulation all references to welds are confined to welds on the shell and\nheads of specification cargo tanks, specifically DOT 406.\nThis has been an ongoing discussion without resolution between our organization and the cargo tank\nmanufacturer.\nOur position is that any pinhole in a weld on the bulk package requires removal from service\nuntil a proper repair is made by a certified repair shop.\nThe manufacturers position is that because a pinhole is not defined in the regulations,\nguidance would revert to AWS and ASME code.\nTo support this position, we were copied on correspondence from a code specialist with HSB\n(Hartford Steam Boiler). Their stated position was, “If it is not on the pressure boundary,\nthen ASME doesn’t care. If it was part of the pressure vessel, then UW-35(b) pertains but\nthat does not speak of pinholes. In general, if a pin hole there and it does not leak during\nhydro, then it is ‘technically’ good…”\nThis statement addresses two weld types that we would appreciate clarification on.\n1. What is the proper standard for pinholes in welds that are part of the pressure vessel?\n\n<<<PAGE 4>>>\n\n2. What is the proper standard for pinholes in welds that attach appurtenances to the barrel of\nthe cargo tank, i.e. pads?\nThank you,\nCarl\nDirect: 608-793-6055\nCell: 608-792-8675\n_________________________________________________________________________________________________________\nCarl Suhr | Convenience Transportation, LLC | Kwik Trip, Inc. | csuhr@kwiktrip.com\n_____________________________________________________________-_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________\nKwik Trip, Inc. Mission: \"To serve our customers and community more effectively than anyone else by treating our\ncustomers, co-workers and suppliers as we, personally, would like to be treated and to make a difference in\nsomeone's life.”","truncated":false,"body_characters":5471}