Beau Transport Equipment Co — Hazardous Materials Safety Interpretation

Page 1of Transportation .S. Department 400 Seventh St., S.W. Washington, D.C. 20590 Special Programs Research and Administration DEC 23 2004 Mr. Marvin M. Miller Ref No.: 04-0226 Service Department Operations Manager Beall Transport Equipment Co. 8801 North Vancouver Avenue Portland, OR 97217 Dear Mr. Miller: This responds to your September 30, 2004 letter requesting clarification of the requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to periodic testing and inspection of specification cargo tanks. In particular, you are concerned about the requirements in § 180.407(d) applicable to insulated cargo tanks and specifically § 180.407(d)(4) applicable to external ring stiffeners installed on insulated cargo tanks. Section 180.407(c) requires all specification cargo tanks to have an external visual inspection at least once each year. Where insulation precludes an external inspection, MC 330, 331, and 338 cargo tanks may be given either an internal visual inspection in conjunction with the external visual inspection or a hydrostatic or pneumatic pressure-test (see the chart entitled Compliance Dates - Inspections and Test Under § 180.407(c)). Insulated cargo tanks that are lined, coated, or designed so that access to the interior of the tank is not possible must be pressure tested in accordance with § 180.407(g)(1)(iv) at the applicable time interval provided in § 180.407(c) (see § 180.407(d)(1))). In instances where insulation precludes a complete external visual examination of the tank shell, a visual external inspection of a cargo tank's piping, valves, gaskets, manholes, emergency devices, remote closures, and all major appurtenances and structural attachments must be conducted in accordance with § 180.407(d)(2) and included in the test report. In accordance with § 180.407(d)(4), for cargo tanks constructed of mild steel or high- strength, low-alloy steel, external ring stiffeners and other appurtenances that create air cavities adjacent to the tank shell that do not allow for an external visual inspection of the tank shell must be thickness tested in four symmetrically distributed locations at least once every two years. This provision applies to both insulated and non-insulated tanks. On insulated tanks where the insulation may preclude the thickness test, you may need to remove the insulation jacket surrounding the ring stiffeners in order to comply with this requirement. You should also note that the exception provided in § 180.407(d)(1) authorizing alternate 180.407 6X1) 040226#

Page 2means to comply with the provisions contained in paragraphs (d)(2) thru (d)(6) of § 180.407 does not apply to thickness testing of the ring stiffeners or other appurtenances. I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, John A. Gale 7 Chief, Standards Development Office of Hazardous Materials Standards#

Page 3Supko BeaLL §180.407621) Cargo Tanks Beall Transport Equipment Co. 8801 North Vancouver Avenue 04-0226 Portland, OR 97217 Mr. Tony Cicero ederal Motor Carrier Safety Administratio J.S. Department of Transportatior 530 Center Street NE, Suite 100 The Equitable Center Salem, OR 97301 Dear Mr. Cicero, & (4) and provided what I believe to be a literal interpretation. As per our conversation I have outlined the following scenario with regards to CFR49, Part 180.407 (d)(1) (d)(1)(sentences 1 & 2) Where insulation precludes a complete external visual inspection as required by areas of the cargo tank must be internally inspected. of the cargo tank wall is lined, coated, or designed so as to prevent an external visual inspection, those appurtenances because the cargo tank is insulated and designed so as to prevent an external visual Interpretation: Insulated tank. I cannot externally inspect the cargo tank wall, ring stiffeners or other inspection. I must perform an internal visual inspection. Non-insulated tank. I can externally inspect the cargo tank wall, ring stiffeners or other appurtenances. or designed so as to prevent access for internal inspection, the tank must be hydrostatically or (d)(1)(sentence 3) If the internal visual inspection is precluded because the cargo tank wall is lined, coated, Interpretation: Insulated tank. The internal visual inspection is precluded because the cargo tank wall is pneumatically tested in accordance with paragraph (g)(1)(iv) of this section. perform a pressure test. Non-insulated tank._Does not apply. designed so as to prevent access for internal inspection of ring stiffeners or other appurtenances. I must (d)(1)(sentence 4) Those items able to be externally inspected must be externally inspected and noted in the appurtenances so I am not required to inspect or note them in the inspection report. Non-insulated tank. I Interpretation: Insulated tank. I am not able to externally inspect the ring stiffeners or other note them in the inspection report. am able to externally inspect the ring stiffeners and other appurtenances so I am required to inspect and (d)(4)(sentence 1) Ring stiffeners or other appurtenances, installed on cargo tanks constructed of mild steel external visual inspection must be thickness tested in accordance with paragraphs (i)(2) and (i)(3) of this or high-strength, low-alloy steel, that create air cavities adjacent to the tank shell that do not allow for Interpretation: Insulated tank. I must thickness test the ring stiffeners and other appurtenances that do not section, at least once every two years. allow for external visual inspection at least once every two years. Non-insulated tank. I am able to#

Page 4thickness test them every two years. perform an external visual inspection on the ring stiffeners and other appurtenances so I am not required to average thickness for the ring stiffener or appurtenance. If any thickness reading is less than the average (d)(4)(sentences 2 & 3) At least four symmetrically distributed readings must be taken to establish an must be conducted from the inside of the cargo tank on the area of the tank wall covered by the thickness by more than 10%, thickness testing in accordance with paragraphs (i)(2) and (i)(3) of this section Interpretation: Insulated tank. In order to comply with (d)(4)(sentence 1) I must open the insulation appurtenance or ring stiffener. (d)(4)(sentence 1) or ignore it as per (d)(1)(sentence 4). Non-insulated tank. Does not apply. jacket to access the ring stiffeners and other appurtenances so that I may perform a thickness test as per visual inspection because you can't inspect the ring stiffeners or other appurtenances either externally or 1. An insulated tank must now be pressure tested every time one performs an external identify the type of ring stiffeners and other appurtenances and so that they may be thickness tested every internally or 2. An insulated tank must have the insulation jacket opened to allow access so that one may two years. 3. Except for a handful of tanks, every non-insulated tank can be inspected externally and therefore would never require a thickness test. If the intent of 180.407(d)(4) is to ensure the integrity of the ring stiffeners, then you have to be able to see them on all tanks therefore opening the insulation jacket would be required. If the intent is to ignore would never require thickness testing because you can perform an external visual inspection. I can only insulated tanks and apply this to non-insulated tanks only, than it is redundant because the vast majority interpretation covering all points of concern. think of one type of tank that would qualify and it is lined internally. Please provide a written Sincerely, M.M. (Marv) Miller Operations Manager Service Department Beall Transport Equipment Co.#