{"operation":"document","citation":"04-0221","title":"Compressed Gas Association, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-10-01","effective_on":null,"summary":"04-0221 response to Compressed Gas Association, Inc. concerning 180.407.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0221.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0221.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0221","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040221.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n400 Seventh St., S.W.\nSpecial Programs\nResearch and\nWashington, D.C. 20590\nOCT 1\nAdministration\n2004\nMr. R. J. McGrath\nTechnical Manager\nCompressed Gas Association, Inc.\nReference No. 04-0221\n4221 Walney Road, 5\"h Floor\nChantilly, VA 20151-2923\nDear Mr. McGrath:\nThis responds to your August 23, 2004 letter regarding the requirements for inspection and\ntesting of insulated MC-331 cargo tank motor vehicles (CTMVs) containing carbon dioxide,\nrefrigerated liquid under § 180.407 of the Hazardous Materials Regulations (HMR; 49 CFR Parts\n171-180). You expressed concern about your members having to perform annual internal visual\ninspections on their MC 331 CTMVs based on amendments to the HMR adopted in final rules\npublished under Docket No. RSPA 98-3554 (HM-213) on April 18 and September 3, 2003.\nAs shown in the table in § 180.407(c) of the HMR, insulated MC 331 CTMVs are excepted from\nthe requirement to have an annual internal visual inspection. This exception granted for MC 330,\nMC 331, and MC 338 cargo tanks was not removed under the HM-213 final rule. Insulated MC\n331 CTMVs are required to have an internal visual inspection at least once every five years.\nBecause the insulation prevents a complete external visual inspection, those items able to be\nexternally inspected must be inspected annually in accordance with 180.407(d) and noted in the\ninspection report. The annual, partial external visual inspection and a leakage test performed in\naccordance with § 180.407 (h) fulfill the annual inspection and test requirements applicable to\nMC 331 CTMVs in carbon dioxide, refrigerated liquid service.\nThe HM-213 final rule amended the HMR to clarify the external visual inspection requirements\nfor insulated cargo tanks other than the insulated MC 330, MC 331, and MC 338s. As amended,\nthe HMR allows insulated cargo tanks equipped with manholes or inspection openings to have\neither an internal visual inspection in conjunction with a partial external visual inspection or a\nhydrostatic or pneumatic pressure test. See note 4 following the table in § 180.407(c) and\nparagraph (d)(1).\nI hope this information is helpful. If we can be of further assistance, please contact us.\nSincerely,\nHotte 2. Michel\nfor\nEdward T. Mazzullo\nDirector, Office of Hazardous\nMaterials Standards\n180,4076)\n040221\n\n<<<PAGE 2>>>\n\nCOMPRESSED GAS ASSOCIATION, INC.\n4221 Walney Road, 5\" Floor, Chantilly, VA 20151-2923\n(703) 788-2700 • Fax: (703) 961-1831 • E-mail: cga@cganet.com • Web Site: www.cganet.com\nMitchell\nAugust 23, 2004\n$180.407 (0)\nMr. Frits Wybenga\nCargo Tanks\nResearch and Special Programs Administration\nU.S. Department of Transportation\n04-0221\n400 Seventh Street SW\nWashington, DC 20590-0001\nSubject: 49 CFR 180.407\nGentlemen:\nThe Compressed Gas Association (CGA) seeks an opportunity to discuss with the DOT an\nalternative to the requirements for internal and external visual inspections of MC 331 trailers\nwhich deliver carbon dioxide refrigerated liquid (CO2) found at 180.407 (C) of 49 CFR\nspecifically with regard to subsection (d) as revised by HM213. CGA believes regulatory changes\nto visual internal requirements promulgated in DOT Docket HM-213, which includes CO2\ntrailers with all other MC331 trailers, places an undue burden on the industry and is unnecessary\nthat due to the unique physical characteristics of CO2.\nMC-331 cargo tanks are required to undergo periodic testing and requalification in accordance\nwith 180.407 (C). Pressure testing is required every 5 years and may be done either\npneumatically or hydrostatically at 1.5 times the design pressure of the vessel. Prior to any\npressure testing the inner vessel is required to undergo a visual inspection. Annual visual internal\ninspections are required for \"All insulated cargo tanks except MC331\". CO2 trailers are MC331\nand, thus, a yearly internal inspection is required. Docket HM-213 inserted the words \"see note\n4\" to the table. Regrettably, the CGA did not have the opportunity to comment on the wording\ninserting note 4 into the table, as this was not in the notice of proposed rule making.\nThe CGA is concerned that the additional inspections required by having a yearly internal\ninspection causes risk to personnel without an additional level of safety. Additionally, internal\ninspections on a yearly basis do not provide any higher level of safety as the product is non-\ncorrosive and the tank is outwardly protected by insulation. Personnel exposure to risk will\nincrease by a factor of five throughout the industry with the number of entries into a confined\nspace. Also, trailer purity and cleanliness is lost as opening the unit exposes the internal surfaces\nto moisture, which adversely affects the food grade quality of the product. Trailers returning to\n\n<<<PAGE 3>>>\n\nservice must be certified pure before filling. Internal inspections breed impurities into a sealed\nsystem subjecting the carrier and customer to expensive gas chromatograph testing. In lieu of\nperforming this visual internal inspection, a shipper may choose to conduct pneumatic or\nhydraulic pressure testing on a yearly basis. Yearly exposure of testing personnel to extremely\nhigh energy levels created during pneumatic pressurization (necessary to protect product purity)\nis dangerous. A typical CO2 vessel pressurized to 1.5 the MAWP has approximately 170 million\nft-lbs of potential energy.\nThe CGA operates a fleet of 3500 trailers within the CO2 industry. Through the years the\nindustry has taken hundreds of trailers apart restoring the foam insulation and replacing the outer\nskin. We have examined bare vessels both inside and outside and have seen little or no\nappreciable deterioration. By imposing yearly testing a cost of $2000 per trailer per year will be\nseen by all carriers. Lost product and purging cost will be $1000 per trailer. In addition a trailer\nmust be taken out of service for a minimum of three days during the year. For an average fleet of\n400 trailers, an additional $1,200,000 of maintenance would be required along with $240,000 for\nrental to make up lost equipment.\nIn conclusion, the CGA wishes to discuss with DOT personnel an exclusion from the annual\nvisual internal inspection requirements. We feel reviewing the product properties with industry\nexperts and construction details with engineering and repair specialists would provide a better\nunderstanding of the CO2 industry in general. This we hope will lead to an informed decision\nabout an alternative to annual internal visual inspection that provides an equivalent level of\nsafety for the CO2 industry.\nVery Truly Yours,\nCOMPRESSED GAS ASSOCIATION\nTechnical Manager","truncated":false,"body_characters":6676}