# Federal Motor Carrier Safety Administration — Hazardous Materials Safety Interpretation

- **operation:** document
- **citation:** 04-0230
- **title:** Federal Motor Carrier Safety Administration — Hazardous Materials Safety Interpretation
- **source type:** guidance
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** guidance
- **official:** true
- **published on:** 2004-11-09
- **effective on:** Not available
- **summary:** 04-0230 response to Federal Motor Carrier Safety Administration concerning 180.407.
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-interpretation-04-0230.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-interpretation-04-0230.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-interpretation-04-0230
- **source url:** https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040230.pdf
**body:**

<<<PAGE 1>>>

Memorandum
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 2>>>

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

<<<PAGE 3>>>

Memorandum
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 4>>>

7
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 5>>>

Memorandum
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 6>>>

This 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 9>>>

Thank 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 10>>>

John
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
/
- **truncated:** false
- **body characters:** 12253