{"operation":"document","citation":"04-0226","title":"Beau Transport Equipment Co — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-12-23","effective_on":null,"summary":"04-0226 response to Beau Transport Equipment Co concerning 180.407.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0226.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0226.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0226","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040226.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\n.S. Department\n400 Seventh St., S.W.\nWashington, D.C. 20590\nSpecial Programs\nResearch and\nAdministration\nDEC 23 2004\nMr. Marvin M. Miller\nRef No.: 04-0226\nService Department\nOperations Manager\nBeall Transport Equipment Co.\n8801 North Vancouver Avenue\nPortland, OR 97217\nDear Mr. Miller:\nThis responds to your September 30, 2004 letter requesting clarification of the requirements\nin the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to periodic\ntesting and inspection of specification cargo tanks. In particular, you are concerned about\nthe requirements in § 180.407(d) applicable to insulated cargo tanks and specifically\n§ 180.407(d)(4) applicable to external ring stiffeners installed on insulated cargo tanks.\nSection 180.407(c) requires all specification cargo tanks to have an external visual inspection\nat least once each year. Where insulation precludes an external inspection, MC 330, 331, and\n338 cargo tanks may be given either an internal visual inspection in conjunction with the\nexternal visual inspection or a hydrostatic or pneumatic pressure-test (see the chart entitled\nCompliance Dates - Inspections and Test Under § 180.407(c)). Insulated cargo tanks that are\nlined, coated, or designed so that access to the interior of the tank is not possible must be\npressure tested in accordance with § 180.407(g)(1)(iv) at the applicable time interval\nprovided in § 180.407(c) (see § 180.407(d)(1))). In instances where insulation precludes a\ncomplete external visual examination of the tank shell, a visual external inspection of a cargo\ntank's piping, valves, gaskets, manholes, emergency devices, remote closures, and all major\nappurtenances and structural attachments must be conducted in accordance with\n§ 180.407(d)(2) and included in the test report.\nIn accordance with § 180.407(d)(4), for cargo tanks constructed of mild steel or high-\nstrength, low-alloy steel, external ring stiffeners and other appurtenances that create air\ncavities adjacent to the tank shell that do not allow for an external visual inspection of the\ntank shell must be thickness tested in four symmetrically distributed locations at least once\nevery two years. This provision applies to both insulated and non-insulated tanks. On\ninsulated tanks where the insulation may preclude the thickness test, you may need to remove\nthe insulation jacket surrounding the ring stiffeners in order to comply with this requirement.\nYou should also note that the exception provided in § 180.407(d)(1) authorizing alternate\n180.407 6X1)\n040226\n\n<<<PAGE 2>>>\n\nmeans to comply with the provisions contained in paragraphs (d)(2) thru (d)(6) of § 180.407\ndoes not apply to thickness testing of the ring stiffeners or other appurtenances.\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely,\nJohn A. Gale\n7\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nSupko\nBeaLL\n§180.407621)\nCargo Tanks\nBeall Transport Equipment Co.\n8801 North Vancouver Avenue\n04-0226\nPortland, OR 97217\nMr. Tony Cicero\nederal Motor Carrier Safety Administratio\nJ.S. Department of Transportatior\n530 Center Street NE, Suite 100\nThe Equitable Center\nSalem, OR 97301\nDear Mr. Cicero,\n& (4) and provided what I believe to be a literal interpretation.\nAs per our conversation I have outlined the following scenario with regards to CFR49, Part 180.407 (d)(1)\n(d)(1)(sentences 1 & 2) Where insulation precludes a complete external visual inspection as required by\nareas of the cargo tank must be internally inspected.\nof the cargo tank wall is lined, coated, or designed so as to prevent an external visual inspection, those\nappurtenances because the cargo tank is insulated and designed so as to prevent an external visual\nInterpretation: Insulated tank. I cannot externally inspect the cargo tank wall, ring stiffeners or other\ninspection. I must perform an internal visual inspection. Non-insulated tank. I can externally inspect the\ncargo tank wall, ring stiffeners or other appurtenances.\nor designed so as to prevent access for internal inspection, the tank must be hydrostatically or\n(d)(1)(sentence 3) If the internal visual inspection is precluded because the cargo tank wall is lined, coated,\nInterpretation: Insulated tank. The internal visual inspection is precluded because the cargo tank wall is\npneumatically tested in accordance with paragraph (g)(1)(iv) of this section.\nperform a pressure test. Non-insulated tank._Does not apply.\ndesigned so as to prevent access for internal inspection of ring stiffeners or other appurtenances. I must\n(d)(1)(sentence 4) Those items able to be externally inspected must be externally inspected and noted in the\nappurtenances so I am not required to inspect or note them in the inspection report. Non-insulated tank. I\nInterpretation: Insulated tank. I am not able to externally inspect the ring stiffeners or other\nnote them in the inspection report.\nam able to externally inspect the ring stiffeners and other appurtenances so I am required to inspect and\n(d)(4)(sentence 1) Ring stiffeners or other appurtenances, installed on cargo tanks constructed of mild steel\nexternal visual inspection must be thickness tested in accordance with paragraphs (i)(2) and (i)(3) of this\nor high-strength, low-alloy steel, that create air cavities adjacent to the tank shell that do not allow for\nInterpretation: Insulated tank. I must thickness test the ring stiffeners and other appurtenances that do not\nsection, at least once every two years.\nallow for external visual inspection at least once every two years. Non-insulated tank. I am able to\n\n<<<PAGE 4>>>\n\nthickness test them every two years.\nperform an external visual inspection on the ring stiffeners and other appurtenances so I am not required to\naverage thickness for the ring stiffener or appurtenance. If any thickness reading is less than the average\n(d)(4)(sentences 2 & 3) At least four symmetrically distributed readings must be taken to establish an\nmust be conducted from the inside of the cargo tank on the area of the tank wall covered by the\nthickness by more than 10%, thickness testing in accordance with paragraphs (i)(2) and (i)(3) of this section\nInterpretation: Insulated tank. In order to comply with (d)(4)(sentence 1) I must open the insulation\nappurtenance or ring stiffener.\n(d)(4)(sentence 1) or ignore it as per (d)(1)(sentence 4). Non-insulated tank. Does not apply.\njacket to access the ring stiffeners and other appurtenances so that I may perform a thickness test as per\nvisual inspection because you can't inspect the ring stiffeners or other appurtenances either externally or\n1. An insulated tank must now be pressure tested every time one\nperforms an external\nidentify the type of ring stiffeners and other appurtenances and so that they may be thickness tested every\ninternally or 2. An insulated tank must have the insulation jacket opened to allow access so that one may\ntwo years. 3. Except for a handful of tanks, every non-insulated tank can be inspected externally and\ntherefore would never require a thickness test.\nIf the intent of 180.407(d)(4) is to ensure the integrity of the ring stiffeners, then you have to be able to see\nthem on all tanks therefore opening the insulation jacket would be required. If the intent is to ignore\nwould never require thickness testing because you can perform an external visual inspection. I can only\ninsulated tanks and apply this to non-insulated tanks only, than it is redundant because the vast majority\ninterpretation covering all points of concern.\nthink of one type of tank that would qualify and it is lined internally. Please provide a written\nSincerely,\nM.M. (Marv) Miller\nOperations Manager\nService Department\nBeall Transport Equipment Co.","truncated":false,"body_characters":7812}