Oklahoma LP Gas Administration — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave.. S E Washington, DC 20590 Mr. W.A. Glass Oklahoma LP Gas Administrator 2 10 1 North Lincoln Oklahoma City, OK 73 105 Ref. No.: 08-01 70 Dear Mr. Glass: This is in response to your June 16,2008 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1-1 80). Specifically, you ask if the intent of $ 180.417(c) is to require each motor carrier operating a specification MC330 or MC33 1 cargo tank to make a written report if the cargo tank does not have manholes. The answer is yes. Section 180.417(~)(3) states that after completion of the pressure test specified in $ 180.407(g)(3), each person who operates an MC330 or MC33 1 cargo tank in any service that may cause stress corrosion cracking must make a report containing the information specified in $ 180.41 7(c). The testing requirements in €j 180.407(g)(3) do not apply to cargo tanks that do not have manholes; however, that does not except the motor carrier from the requirement to generate a report in accordance with 8 180.4 17(c)(3). I hope this answers your inquiry Sincerely, Susan Gorsky Acting chief, Standards Development Office of Hazardous Materials Standards#

Page 2STATE OF o I U ~ I - I o ~ ~ LIQUEFIED PETROLEUM GAS ADMINISTRATION ~bh0170 June 16, 2008 Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards 1200 New Jersey Avenue, SE East Bldg, 2nd Floor Washington, DC 20590 Ref: DOT Question & Request for PHMSA Interpretation Sir, I have the following question: Q: Is the intent of 49 CFR 180.417(C) to require each motor carrier operating a Specification MC330 or MC331 cargo tank to make a written report if the cargo tank does not have manholes? Comment, 49 CFR 180.417(c) (1) would read more clearly if it had the wording "of the portion" included as follows: After completion qJ the portion of the pressure test specified in 180.407 ( g ) (3). . . Gary Mcsonald Oklahoma LP Gas Administration Safety Code Enf. Officer cc: W A. Glass Okla. L.P. Gas Administrator 2101 North Lincoln Oklahoma City, OK 73105 Phone (405) 521-2458 Fax (405) 521-6037 E-Mail: lpgasinfo@lpgas.state.ok.us 2101 N. LINCOLN BLVD. B-45 JIM THORPE BUILDING OKLAHOMA CITY, OKLAHOMA 73105-4990 (405) 521-2458 FAX (405) 521-6037 e recycled paper#

Page 3Page 1 of I LP Gas From: gdmc@sbcglobal. net Sent: Friday, June 13, 2008 12:37 PM To: LPGAS Cc: steverush@windstream.net; greg; larry Subject: DOT question - - Here is a copy of a question I sent to DOT. I will send everyone a copy, when I get a reply 3' The following was submitted to infocntr@dot.gov on Friday, June 13, 2008 at 13:42:57 Category: Qualification and Maintenance of Packagings (Sections 180.1 - 180.51 9) CommentslQuestion: I have the following questions as to the intent of 49 CFR 180.417(c)(l), which contains the wording .... "After completion of the pressure test specified in 180.407(g)(3)" ..... Should this sentence read? "After completion of the portion of the pressure test specified in 180.407(9)(3) ... ... 180.407(9)(3) reads, "This paragraph does not apply to cargo tanks that do not have manholes." Does this also mean the reporting requirements found in 180.417(c) do not apply to MC330 and 331 cargo tanks that do not have manholes? Thank You Gary McDonald Oklahoma LP Gas Administration Email: gdmc@sbcglobal.net Phone: 405-521 -2458 *The above e-mail was sent, but a satisfactory response was not received. I received a phone response, but it was not satisfactory.#