National Tank Truck Carriers, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh Street, S.W. Materials Safety Administratiol ipeline and Hazardou JUL 3 1 2006 Mr. Thomas P. Lynch Ref. No. 06-0034 Vice President and General Counsel National Tank Truck Carriers, Inc. 2200 Mill Rd. Alexandria, VA 22314 Dear Mr. Lynch: This is in response to your letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding the applicability of an exception allowing cargo tank motor vehicles to undergo a partial external visual inspection and a leakage test to fulfill annual test and inspection requirements. You ask whether the exception applies to all materials being transported in insulated MC 330 and MC 331 cargo tank motor vehicles and, in particular, to the transportation of pyrophoric materials. The answer is yes. The table in § 180.407(c) excepts insulated MC 330 and MC 331 cargo tank motor vehicles from the internal visual inspection requirement and this exception applies to all hazardous materials being transported in insulated MC 330 and an internal visual inspection at least once every five years in conjunction with the MC 331 cargo tank motor vehicles. These cargo tank motor vehicles are required to have pressure test. Because the insulation prevents a complete external visual inspection, those items able to be externally inspected must be inspected annually in accordance with § inspection and a leakage test performed in accordance with § 180.407(h) fulfill the annual 180.407(d) and noted in the inspection report. The annual, partial external visual inspection and test requirements applicable to insulated MC 330 and MC 331 cargo tank successfully completed, the tank may be marked in accordance with § 180.415(b). motor vehicles. Once the external visual inspection and leakage test have been I hope this information is helpful. Please contact this office should you have additional questions. Sincerely, Hothe z. nichell Hattie L. Mitchell Crice Of fazarous victerial Stinyandion 180.407(c) 060034#

Page 202/10/06 FRI 18:43 FAX @001 NATIONAL TANK NTTC NATIONAL TANK TRUCK CARRIERS, INC. TRUCK CARRIERS THE NATIONAL ORGANIZATION SERVING THE FOR. HIRG TANK TRUCK INDUSTRY CLIFFORD J. MARVISON PRESIDENT MIntyre 200 MILL ROAD • ALEXANDRIA, VA 22314-467 HONI: 703/838-1960 - FAX: /03/684-575 3180.407() Cargo Tanks 06-0034 February 10, 2006 Mr. Edward Mazzullo Director, Office of Hazardous Materials Standards SENT BY FAX: 202/366-3012 Pipelines and Hazardous Materials Administration 400 Seventh St., SW U.S. Department of Transportation Washington, DC 20590 RE: Annual § 180.407(c) Inspections for Insulated MC-330 and 331 Cargo Tank Motor Vehicles Dear Mr. Mazzullo: Enclosed please find a copy of a letter you wrote to Mr. R. J. McGrath with the Compressed Gas of conducting annual intemal visual inspections, the exception allows for them to undergo a partia the impossibility of conducting a full extemal visual inspection because of the insulatior and the hardshir exional visual inspection under $180.407(d) and a Icakage test performed in accordance with §180.407(h) to fulfill annual test and inspection requirements. Accordingly, NTTC respectfully asks whether that exception also applies to all insulated MC 330 and 331 applicabiliry of this exception to pyrophoric transportation by means of an insulated MC 330 or 331. cargo tank motor vehicles. NTTC has received inquiries fron members specifically regarding conduct more frequent internal visual inspections would also apply. information, please do not hesitate to contact me directly. Thank you for consideration in this matter. If you have any questions about this request, or desire any Sincerely, Thomas P. Lynch Vice President and General Counsel#