Federal Motor Carrier Safety Administration — Hazardous Materials Safety Interpretation

Page 1Memorandum U.S. Department of Trarisportation Research and Special Programs Administration Date: NOV - 9: 2004 Réply to Attn. of: 04-0230 Subject: Request for Interpretation From: John A. Gale" Office of Hazardous Materials Standards Chief, Regulations Development To: Danny Shelton Cargo Tánk Program Manager Federal Motor Carrier Safety Administration This responds to your October 1, 2004 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR. Parts 171-180) applicable to the requirements for test and inspection of MC 338 cargo tanks, Specifically, you ask whether a pressure test should be performed as part of the anrital visual inspection requirement for insulated MC 338 cargo tanks. You also: request the specific reference in the HIMR that indicates MC 338 cargo tanks need only be pressure tested every five years. Section 180.407 of the HMR contains the requalification requirements for DOT specification cargo tanks. Paragraph (c) of this section includes a table that establishes test and inspection. intervats for different types of cargo tanks. Paragraphs (d) through (i) of this section describe how each prescribed test must be performed. Section 180.407 must be read in its entirety in order to asceitain which tests and inspections are required for a specific cargo tank. Paragraph (d) of $ 180:407 sets forth requirements for the performance of an external visual: inspection. Paragraph (a)(.) generally requires an internal visual inspection in accordance with paragraph (e) of § 180.407 in place of the external visual inspection where insulation precludes performance of the external visual inspection. Paragraph (d)(1) further requires that for cargo tanks where a visual internal inspection is not possible, because the cargo tank is lined, coated, or desighed so as to prevent access for an internal visuat inspection, the tank must be pressure tested in accordance with § 180.407(g)(1)(iv). The table in § 180.407(c) is consistent with paragraph (d)(1); in accordance with the table, insulated cargo tanks must be pressure tested every year. Note, however, that MC 338 cargo tanks are excepted from this requirement. 'Instead, as indicated in the table under the entry for pressure test requirements for "all other cargo tanks," MC 338 cargo tanks are required to have a pressure test every five years..#

Page 2I hope this information is helpful. If you have any further questions, do not hesitate to contact this office.#

Page 3Memorandum U.S. Department of Transportation Research and Special Programs Administration Date: NOV -9 2004 Reply to Attn. of: 04-0230 Subject: Request for Interpretation From: John A. Gale Chief, Regulations Development Office of Hazardous Materials Standards To: Danny Shelton Cargo Tank Program Manager Federal Motor Carrier Safety Administration This responds to your October 1, 2004 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the requirements for test and inspection of MC 338 cargo tanks. Specifically, you ask whether a pressure test should be performed as part of the annual visual inspection requirement for insulated MC 338 cargo tanks. You also request the specific reference in the HMR that indicates MC 338 cargo tanks need only be pressure-tested every five years. Section 180.407 of the HMR contains the requalification requirements for DOT specification cargo tanks. Paragraph (c) of this section includes a table that establishes test and inspection intervals for different types of cargo tanks. Paragraphs (d) through (i) of this section describe how each prescribed test must be performed. Section 180.407 must be read in its entirety in order to ascertain which tests and inspections are required for a specific cargo tank. Paragraph (d) of § 180.407 sets forth requirements for the performance of an external visual inspection. Paragraph (d)(1) generally requires an internal visual inspection in accordance with paragraph (e) of § 180.407 in place of the external visual inspection where insulation precludes performance of the external visual inspection. Paragraph (d)(1) further requires that for cargo tanks where a visual internal inspection is not possible, because the cargo tank is lined, coated, or designed so as to prevent access for an internal visual inspection, the tank must be pressure tested in accordance with $ 180.407(g) (1)(iv). The table in 8 180.407(c) is consistent with paragraph (d)(1); in accordance with the table, insulated cargo tanks must be pressure tested every year. Note, however, that MC 338 cargo tanks are excepted from this requirement. Instead, as indicated in the table under the entry for pressure test requirements for "all other cargo tanks," MC 338 cargo tanks are required to have a pressure test every five years.#

Page 47 I hope this information is helpful. If you have any further questions, do not hesitate to contact this office. # Foster: DHM-11: 68553: 10/25/04 File: 180.407#

Page 5Memorandum U.S. Department of Transportation Research and Special Programs Administration Date: NOV - 9 2004 Reply to Attn. of: 04-0230 Subject: Request for Interpretation From: John A. Gale Chief, Regulations Development Office of Hazardous Materials Standards To: Danny Shelton Cargo Tank Program Manager Federal Motor Carrier Safety Administration This responds to your October 1, 2004 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the requirements for test and inspection of MC 338 cargo tanks. Specifically, you ask whether a pressure test should be performed as part of the annual visual inspection requirement for insulated MC 338 cargo tanks. You also request the specific reference in the HMR that indicates MC 338 cargo tanks need only be pressure-tested every five years. Section 180.407 of the HMR contains the requalification requirements for DOT specification cargo tanks. Paragraph (c) of this section includes a table that establishes test and inspection intervals for different types of cargo tanks. Paragraphs (d) through (i) of this section describe how each prescribed test must be performed. Section 180.407 must be read in its entirety in order to ascertain which tests and inspections are required for a specific cargo tank. Paragraph (d) of § 180:407 sets forth requirements for the performance of an external visual inspection. Paragraph (d)(1) generally requires an internal visual inspection in accordance with paragraph (e) of § 180.407 in place of the external visual inspection where insulation precludes performance of the external visual inspection. Paragraph (d)(1) further requires that for cargo tanks where a visual internal inspection is not possible, because the cargo tank is lined, coated, or designed so as to prevent access for an internal visual inspection, the tank must be pressure tested in accordance with § 180.407(g)(1)(iv). The table in § 180.407(c) is consistent with paragraph (d)(1); in accordance with the table, insulated cargo tanks must be pressure tested every year. Note, however, that MC 338 cargo tanks are excepted from this requirement. Instead, as indicated in the table under the entry for pressure test requirements for "all other cargo tanks, " MC 338 cargo tanks are required to have a pressure test every five years.#

Page 6This pe this information is helpful. If you have any further questions, do not hesitate to contact # 2#

Page 7=180.40ª Gorsky, Susan Cargo Tanks From: Sent: Shelton, Danny [Danny.Shelton@fmcsa.dot.gov] 04-0230 To: Friday, October 01, 2004 10:09 AM Subiect: FW: MC 338 Testing Requirements Gorsky, Susan <RSPA> Susan, here is another e-mail from industry, this time on MC 338 cargo tanks. :-) Danny; Please review all info below. I need some guidance for this gentleman. Regards...Cliff ----- Original Message ----- From: John Sorota ‹mailto: jsorota@transgaslng.com> To: charvison@tanktruck.org Sent: Tuesday, September 14, 2004 11:34 AM Subject: MC 338 Testing Requirements Cliff, (d) (1) states "Where insulation precludes a complete external visual inspection as given an internal visual inspection in accordance with paragraph (e) of this section. required by paragraphs (d) (2) through (d) (6) of this section, the cargo tank also must be lined, coated, or designed to prevent an external visual inspection, those areas of the external visual inspection is precluded because any part of the cargo wall is externally because the cargo tank is lined, coated, or designed so as to prevent access for internal cargo tank must be internally inspected. If internal visual inspection is precluded paragraph (g) (1) (iv) of this section. inspection, the tank must be hydrostatically or pneumatically tested in accordance with externally inspected and noted in the inspection report". Reading the section quoted above would lead one to believe that a pressure test would be in the NTTC Cargo Tank Maintenance Manual on page 53, Mr. Gale states near the end of the necessary every year. However, in a letter addressed to you from John Gale and contained years". second paragraph that "an MC 338 cargo tank need only be pressure tested every five F2222 statement that MC 338 cargo tanks only need to be pressure tested every five years. In reading the current regulations I can find no section that backs up Mr. Gale's section of the regulations. I would greatly appreciate any information you may be able to gather to clarify this 1#

Page 8• ·180.40° Gorsky, Susan Cargo Tanks From: To: Sent: Shelton, Danny [Danny.Shelton@fmcsa.dot.gov] Friday, October 01, 2004 10:09 M 04-0230 Subject: FW: MC 338 Testing Requirements Gorsky, Susan <RSPA> Susan, here is another e-mail from industry, this time on MC 338 cargo tanks. :-) ent: Tuesday, September 14, 2004 1:03 P rom: Clifford Harvison [mailto:charvison@tanktzuck.org To: Shelton, Danny subject: Fw: MC 338 Testing Requirements Danny; Please review all info below. I need some guidance for this gentleman. Regards...Cliff Original Message From: John Sorota <majlto:jsoxota@transgaslng.coms Io: charvison@tanktruck.org Sent: Tuesday, September 14, 2004 11:34 AM Subject: MC 338 Testing Requirements cliff, Are ment re a Viaus inspection on checher a great one more be performed as part of this requirement. In reading the current regulations, section 180.407 required by paragraphs (d) (2) through (d) (6) of this section, the cargo tank also must be (d) (1) states "Where insulation precludes a complete external visual inspection as external visual inspection is precluded because any part of the cargo wall is externally given an internal visual inspection in accordance with paragraph (e) of this section. If lined, coated, or designed to prevent an external visual inspection, those areas of the because the cargo tank is lined, coated, or designed so as to prevent access for internal cargo tank must be internally inspected. If internal visual inspection is precluded paragraph (g) (1) (iv) of this section. inspection, the tank must be hydrostatically or pneumatically tested in accordance with externally inspected and noted in the inspection report". Those items able to be externally inspected must be Reading the section quoted above would lead one to believe that a pressure test would be necessary every year. in the NTTC Cargo Tank Maintenance Manual on page 53, Mr. Gale states near the end of the in a letter addressed to you from John Gale and containeă years". second paragraph that "an MC 338 cargo tank need only be pressure tested every five statement that MC 338 cargo tanks only need to be pressure tested every five years. In reading the current regulations I can find no section that backs up Mr. Gale's section of the regulations. I would greatly appreciate any information you may be able to gather to clarify this 1#

Page 9Thank you, Fleet Manager John J. Sorota Transgas Inc. Lowell, MA 01852-5193 87 Industrial Ave. East Phone: Fax: 978 454-7775 978 454-7831 X618 2#

Page 10John Thank you, Fleet Manager J. Sorota Transgas Inc. Lowell, MA 87 Industrial Ave. East Phone: 978 454-7831 X618 01852-5193 Fax: 978 454-7775 2 /#