{"operation":"document","citation":"07-0032","title":"Safety Division, Railroad Commission of Texas — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-04-23","effective_on":null,"summary":"07-0032 response to Safety Division, Railroad Commission of Texas concerning 173.315.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0032.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0032.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0032","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070032.pdf","body":"<<<PAGE 1>>>\n\nf Transportatio\n.S. Departmer\nWashington, D.C. 20590\n400 Seventh Street. S.W.\nPipeline and Hazardous\nMaterials Safety Administration\nAPR 23 3W7\nMr. James. T. Osterhaus\nReference No. 07-0032\nSafety Division, Railroad\nLPG Program Manager\nCommission of Texas\n1701 North Congress\nP. O. Box 12967\nAustin, Texas 78711\nDear Mr. Osterhaus:\nThis is in response to your recent e-mail and telephone conversation with a member of my staff\nconcerning a MC 331 bobtail cargo tank owned by Henderson Butane of 401 North Highway\n(flammable gas)\" and was involved in a rollover accident in Texas on January 17, 2007.\n156, P.O. Box 5, Justin, TX 76247, that contained \"UN 1075, Petroleum gases, liquified, 2.1\nrequired under § 173.315(n) of the Hazardous Materials Regulations (HMR: 49 CFR Parts 171-\nYou state the cargo tank was not equipped with an emergency discharge control equipment as\ninspection report prepared by Ricky Taylor of D.L. Morrison Welding and Construction\n180) and asked if it should be in service. You supplied a copy of the cargo tank test and\nCompany, 217 Morrison Hill Lane, Gainesville, TX 76240-1619. CT Identification No. 2990,\nthat states the cargo tank was inspected and certified as meeting requirements for service on\nJuly 22, 2004. You also asked if a penalty will be assessed against the inspector.\nThe Federal Motor Carrier Safety Administration (FMCSA) is responsible for ensuring the\ncompliance of \"cargo tank facilities,\" which includes cargo tank manufacturers, owners, and\ninspectors, as well as enforcement matters concerning these devices and individuals under\nFMCSA regulations and the HMR. Therefore, we are forwarding your letter for response to\nMr. James O. Simmons. Chief. Hazardous Materials Division. Office of Enforcement and\nRoom 2328. 400 7\" Street, SW., Washington. DC. 20590, (202) 493-0496.\nCompliance, Federal Motor Carrier Safety Administration. U.S. Department of Transportation.\nI hope this satisfies your request.\nSincerely.\n!!\nHattie L. Mitchell, Chief\n113.315(1)\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n070032\n\n<<<PAGE 2>>>\n\nCC:\nJames O. Simmons\nChief, Hazardous Materials Division\nOffice of Enforcement and Compliance\nFederal Motor Carrier Safety Administration\nU.S. Department of Transportation\n\n<<<PAGE 3>>>\n\n01/26/07\n11:49 FAX 512 463 7153\nRRC SAFETY DIVISION\nEdmonson\n40002\n5180.417 (b)c)\n$173.315 (n\nCargo Tanks\nRequest for Interpretation of 49 CFR § 180.417 (b)(2)(viii)\n07-0032\nPlease see Tanker Test and Inspection Report in this fax, listing the owner & carrier of an\nMC331 Cargo tank as Henderson Butane.\nThis bobtail cargo tank (East Fab, Inc./scrial number - 12135-3) was involved in a\nrollover accident on 1-17-07\nAn inspector of the Railroad Commission of Texas conducted an inspection of the bobtail\nequipment required per 49 CFR § 173.315(n). Specifically, the cargo tank was not\nand discovered the cargo tank was not provided with the emergency discharge contro\nprovided with an off-truck remote means to close the internal self-closing stop valve(s)\nand shut off all motive and auxiliary power equipment.\n04. He indicates on the Tanker Test and Inspection Report that the cargo tank MEETS\nThe cargo tank was pressure tested (hydrostatic test) by Ricky Taylor, CT2990, on 7-22-\nTHE REQUIRMENTS OF THE DOT SPECIFICATIONS IDENTIFIED ON THIS\nREPORT. That specification is MC 331.\nHowever, without the emergency off-truck remote required to be installed per 49 CFR §\n173.315(n)(5)(ii), this cargo tank did NOT meet the requirements of the DOT\nspecification (MC331) specified on the report.\nIn Texas, the Railroad Commission regulates the retail/wholesale LPG businesses and\nestablishes and/or adopts safety rules for LP-Gas. The commission has adopted 49 CFR\nOur inspection staff has found numerous bobtail delivery trucks (less than 3,500 gallons)\nthat are marked with the correct test dates, but are not equipped with emergency\ndischarge equipment as required by 49 CFR § 173.315(n).\nme know if the cargo tank shown on the Tanker Test and Inspection Report should have\nWould someone at DOT please review the attached tanker test & inspection report and let\nbeen in service?\nIf it should not have been in service, will DOT consider assessing a penalty against the\nCT who signed the report and/or the company operating the cargo tank?\nThank You,\nJames T. Osterhaus\nLPG Program Manager\nSafety Division\nRailroad Commission of Texas\nPhone: 512-463-6692\nFax: 512-463-7319\nJames.Osterhaus@rrc.state.tx.us","truncated":false,"body_characters":4505}