{"operation":"document","citation":"08-0043","title":"Texas Railroad Commission — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-04-29","effective_on":null,"summary":"08-0043 response to Texas Railroad Commission concerning 180.405, 180.407.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0043.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0043.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0043","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080043.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nAPR 2 9 2908\nMr. James Osterhaus\nDeputy Director, Safety Division\nTexas Railroad Commission\n1701 N. Congress\nAustin, TX 7871 1\nRef. No.: 08-0043\nDear Mr. Osterhaus:\nThis is in response to your February 19,2008 e-mail requesting ~lariification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171 -1 80) applicable to cargo tanks intended for\nuse in liquefied petroleum gas service. Your scenario involves inspection and marking of\nMC330 and MC33 1 cargo tanks manufactured within the last five years. Your questions are\nparaphrased and answered below.\nQ1: Is a newly manufactured MC330 or MC331 cargo tank reyulred to be marked with a \"P\"\nas specified in Ej 180.4 15 to indicate that the cargo tank has.beer1 subjected to a pressure test?\nA 1 : No. Section 180.41 5 specifies the marking requirements for a cargo tank successfUlly\ncompleting the periodic test and inspection requirements in Ej 180.407. The HMR do not\nrequire a new cargo tank, including MC 33 1, that is not due for its first requalification\ninspection or test as specified in § 180.407 to be marked in accordance with 8 180.41 5.\nPlease note that, although authorized for continued use, MC 330 cargo tanks are no longer\nauthorized for manufacture. See 8 180.405(c).\nQ2: Is a newly manufactured MC 33 1 cargo tank required to be marked with an \"I\" as\nspecified in Ej 180.41 5 to indicate that the cargo tank has been subjected to an internal visual\ninspection?\nA2: No. See A1 .\nQ3: Must a person who conducts the 5-year internal visual inspection for MC 330 and\nMC 33 1 cargo tanks with manholes physically climb inside the 22rg0 tank to perform the\ninspection?\nA3: No. The HMR do not require a person who conducts irlteilal visual inspections in\naccordance with $ 180.407(e) to physically climb into the cargi, tank. It is this Oftice's\n\n<<>>\n\nopinion that nothing required by 5 180.407(e) would prohibit the use of a video camera to\nperform a cargo tank visual inspection provided all internal areas of the cargo tank can be\nviewed in a manner which provides details equivalent to that which would be expected if\nviewed directly by a person inside the tank. Therefore, except for tank liners which must be\ninspected in accordance with 5 180.407(f), a video camera may be utilized to perform the\ninternal visual inspection of a cargo tank as required by 5 180.407(e).\nI hope this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOfice of Hazardous Materials Standards\n\n<<>>\n\nDrakeford. Carolvn \nFrom:\nSent:\nTo:\nSubject:\nINFOCNTR \nWednesday, February 20, 2008 10:32 AM\nDrakeford, Carolyn \nFW: Information Center Comments/Questions 31801 405\nCarolyn,\nThis gentleman would like an official letter of Interp.\nHave a great day,\nRob\n----- Original Message-----\nFrom: james.osterhaus@rrc.state.tx.us [mailto:james.osterhaus@rrc.state.tx.us]\nSent: Tuesday, February 19, 2008 6:33 PM\nTo: INFOCNTR \nSubject: Information Center Comments/Questions\nLEFT MESSAGE/VERIFY REQUEST FOR FORMAL LETTER/ 2/20/2008, 9:48AM GR\nBelow is the result of your feedback form. It was submitted by James Osterhaus\n(james.osterhaus@rrc.state.tx.us) on Tuesday, February 19, 2008 at 18:33:17.\nName: James Osterhaus\nCategory: Qualification and Maintenance of Packagings (Sections 180.1 - 180.519)\nOrganization: Texas Railroad Commission\nStreet: 1701 N. Congress\nCity: Austin\nState: Texas\nZip Code: 78711\nPhone: 512-463-6692\nFax: 512-463-7319\nComments: I'm requesting clarification of the requirements for the internal inspection and\ntest/inspection markings for MC330 and MC331 Cargo Tanks in liquefied petroleum gas\nservice.\nRE: Markings\nMC330 and MC331 cargo tank manufacturers are marking newly manufactured cargo tanks with a\n\"P\" to indicate a hydrostatic pressure test. However, some cargo tank manufacturers of\nnewly manufactured cargo tanks, equipped with a manhole, are not marking the cargo tank\nwith an \"I\" to indicate an internal visual inspection.\nThose manufacturers that are not marking an \"I\" on newly manufactured cargo tanks (i.e.,\ncargo tanks manufactured within the last 5 years) are saying the \"I\" marking is not\nrequired on newly manufactured cargo tanks. They are arguing the \"I\" marking is only\nrequired when a cargo tank with a manhole is due for the 5 year internal inspection.\nHowever, these same manufacturers are marking a \"P\" on newly manufactured cargo tanks with\nand without a manhole. Both the hydrostatic pressure test and the internal\ntest/inspection on cargo tanks with manholes are required every 5 years.\n1\n\n<<>>\n\nIs a newly manufactured MC330/MC331 cargo tank (i.e., a cargo tank manufactured within the\nlast 5 years) required to be marked with a \"P\" to indicate a hydrostatic pressure test has\nbeen performed on it?\nIs a newly manufactured MC330/MC331 cargo tank equipped with a manhole (i.e., a cargo tank\nmanufactured within the last 5 years) required to be marked with an \"I\" to indicate a\nvisual inspection has been performed on the cargo tank?\nThe Code of Federal Regulations, Title 49, 5180.407 (a)(l) states: \"a cargo tank\nconstructed in accordance with a DOT specification for which a test or inspection\nspecified in this section has become due, may not be filled and offered for transportation\nor transported until the test or inspection has been successfully completed. This\nparagraph does not apply to any cargo tank filled prior to the test or inspection due\ndate. \"\nThe portion of this paragraph stating ...\" test or inspection in this section that has become\ndue\" ... would indicate the cargo tank is only required to be marked when a test or\ninspection becomes due, which for a pressure test and an internal inspection on a\ncontainer with a manhole is every 5 years. It would appear that cargo tanks manufactured\nwithin the last 5 years would not be required to be marked with either a \"P\" or an \"I\".\nRE: Procedure for conducting a Visual Inspection of an MC330/MC331 Cargo Tank with a\nManhole\nI've been contacted by CT's that are not entering the inside of MC330/MC331 cargo tanks\nwith manholes to conduct an internal inspection of the cargo tank. It is their belief that\nDOT does not require them to climb inside the cargo tank to conduct the required 5-year\nvisual inspection.\nCT's that are entering into MC330/MC331 cargo tanks with manholes want to know why other\nCTrs are allowed to conduct the 5-year visual inspection without having to enter the cargo\ntank. They believe DOT intends for someone to climb inside the cargo tank and visually\ninspect it.\nCould someone at DOT please clarify what a person must do to comply with the DOT 5-year\nvisual inspection required for MC330 and MC331 cargo tanks with manholes, after the cover\nis removed from the manhole? Specifically, MUST a person climb inside the container to\ninspect it?\nThank You,\nJames T. Osterhaus\nDeputy Director, Safety Division\nRailroad Commission of Texas\nVoice: 512-463-6692\nFax: 512-463-7319\nJames.Osterhaus@rrc.state.tx.us","truncated":false,"body_characters":7212}