Texas Railroad Commission — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 APR 2 9 2908 Mr. James Osterhaus Deputy Director, Safety Division Texas Railroad Commission 1701 N. Congress Austin, TX 7871 1 Ref. No.: 08-0043 Dear Mr. Osterhaus: This is in response to your February 19,2008 e-mail requesting ~lariification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171 -1 80) applicable to cargo tanks intended for use in liquefied petroleum gas service. Your scenario involves inspection and marking of MC330 and MC33 1 cargo tanks manufactured within the last five years. Your questions are paraphrased and answered below. Q1: Is a newly manufactured MC330 or MC331 cargo tank reyulred to be marked with a "P" as specified in Ej 180.4 15 to indicate that the cargo tank has.beer1 subjected to a pressure test? A 1 : No. Section 180.41 5 specifies the marking requirements for a cargo tank successfUlly completing the periodic test and inspection requirements in Ej 180.407. The HMR do not require a new cargo tank, including MC 33 1, that is not due for its first requalification inspection or test as specified in § 180.407 to be marked in accordance with 8 180.41 5. Please note that, although authorized for continued use, MC 330 cargo tanks are no longer authorized for manufacture. See 8 180.405(c). Q2: Is a newly manufactured MC 33 1 cargo tank required to be marked with an "I" as specified in Ej 180.41 5 to indicate that the cargo tank has been subjected to an internal visual inspection? A2: No. See A1 . Q3: Must a person who conducts the 5-year internal visual inspection for MC 330 and MC 33 1 cargo tanks with manholes physically climb inside the 22rg0 tank to perform the inspection? A3: No. The HMR do not require a person who conducts irlteilal visual inspections in accordance with $ 180.407(e) to physically climb into the cargi, tank. It is this Oftice's#

Page 2opinion that nothing required by 5 180.407(e) would prohibit the use of a video camera to perform a cargo tank visual inspection provided all internal areas of the cargo tank can be viewed in a manner which provides details equivalent to that which would be expected if viewed directly by a person inside the tank. Therefore, except for tank liners which must be inspected in accordance with 5 180.407(f), a video camera may be utilized to perform the internal visual inspection of a cargo tank as required by 5 180.407(e). I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Hattie L. Mitchell Chief, Regulatory Review and Reinvention Ofice of Hazardous Materials Standards#

Page 3Drakeford. Carolvn <PHMSA> From: Sent: To: Subject: INFOCNTR <PHMSA> Wednesday, February 20, 2008 10:32 AM Drakeford, Carolyn <PHMSA> FW: Information Center Comments/Questions 31801 405 Carolyn, This gentleman would like an official letter of Interp. Have a great day, Rob ----- Original Message----- From: james.osterhaus@rrc.state.tx.us [mailto:james.osterhaus@rrc.state.tx.us] Sent: Tuesday, February 19, 2008 6:33 PM To: INFOCNTR <PHMSA> Subject: Information Center Comments/Questions LEFT MESSAGE/VERIFY REQUEST FOR FORMAL LETTER/ 2/20/2008, 9:48AM GR Below is the result of your feedback form. It was submitted by James Osterhaus (james.osterhaus@rrc.state.tx.us) on Tuesday, February 19, 2008 at 18:33:17. Name: James Osterhaus Category: Qualification and Maintenance of Packagings (Sections 180.1 - 180.519) Organization: Texas Railroad Commission Street: 1701 N. Congress City: Austin State: Texas Zip Code: 78711 Phone: 512-463-6692 Fax: 512-463-7319 Comments: I'm requesting clarification of the requirements for the internal inspection and test/inspection markings for MC330 and MC331 Cargo Tanks in liquefied petroleum gas service. RE: Markings MC330 and MC331 cargo tank manufacturers are marking newly manufactured cargo tanks with a "P" to indicate a hydrostatic pressure test. However, some cargo tank manufacturers of newly manufactured cargo tanks, equipped with a manhole, are not marking the cargo tank with an "I" to indicate an internal visual inspection. Those manufacturers that are not marking an "I" on newly manufactured cargo tanks (i.e., cargo tanks manufactured within the last 5 years) are saying the "I" marking is not required on newly manufactured cargo tanks. They are arguing the "I" marking is only required when a cargo tank with a manhole is due for the 5 year internal inspection. However, these same manufacturers are marking a "P" on newly manufactured cargo tanks with and without a manhole. Both the hydrostatic pressure test and the internal test/inspection on cargo tanks with manholes are required every 5 years. 1#

Page 4Is a newly manufactured MC330/MC331 cargo tank (i.e., a cargo tank manufactured within the last 5 years) required to be marked with a "P" to indicate a hydrostatic pressure test has been performed on it? Is a newly manufactured MC330/MC331 cargo tank equipped with a manhole (i.e., a cargo tank manufactured within the last 5 years) required to be marked with an "I" to indicate a visual inspection has been performed on the cargo tank? The Code of Federal Regulations, Title 49, 5180.407 (a)(l) states: "a cargo tank constructed in accordance with a DOT specification for which a test or inspection specified in this section has become due, may not be filled and offered for transportation or transported until the test or inspection has been successfully completed. This paragraph does not apply to any cargo tank filled prior to the test or inspection due date. " The portion of this paragraph stating ..." test or inspection in this section that has become due" ... would indicate the cargo tank is only required to be marked when a test or inspection becomes due, which for a pressure test and an internal inspection on a container with a manhole is every 5 years. It would appear that cargo tanks manufactured within the last 5 years would not be required to be marked with either a "P" or an "I". RE: Procedure for conducting a Visual Inspection of an MC330/MC331 Cargo Tank with a Manhole I've been contacted by CT's that are not entering the inside of MC330/MC331 cargo tanks with manholes to conduct an internal inspection of the cargo tank. It is their belief that DOT does not require them to climb inside the cargo tank to conduct the required 5-year visual inspection. CT's that are entering into MC330/MC331 cargo tanks with manholes want to know why other CTrs are allowed to conduct the 5-year visual inspection without having to enter the cargo tank. They believe DOT intends for someone to climb inside the cargo tank and visually inspect it. Could someone at DOT please clarify what a person must do to comply with the DOT 5-year visual inspection required for MC330 and MC331 cargo tanks with manholes, after the cover is removed from the manhole? Specifically, MUST a person climb inside the container to inspect it? Thank You, James T. Osterhaus Deputy Director, Safety Division Railroad Commission of Texas Voice: 512-463-6692 Fax: 512-463-7319 James.Osterhaus@rrc.state.tx.us#