{"operation":"document","citation":"10-0189","title":"Oak Point Service — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-10-28","effective_on":null,"summary":"10-0189 response to Oak Point Service concerning 173.315, 180.407, 180.417.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0189.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0189.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0189","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100189.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration\n1200 New Jersey Ave. SE\nWashington. D.C. 20590\nOCT 28 2011\nMr. Jim Poulsen\nSupervisor\nOak Point Service\n272 Oak Point Hwy\nWinnipeg, MB R2R IVI\nRef. No.: 10-0189\nDear Mr. Poulsen:\nThis responds to your letter regarding the requirements under the Hazardous Materials\nRegulations (HMR; 49 CFR 171-180) applicable to cargo tank: motor vehicle (CTMV) linings,\nemergency discharge control equipment and a \"dated signature\" required on an inspection\nreport. Your questions are paraphrased and answered as follows:\nQ1. Do the requirements regarding CTMV linings and coatings specify that any \"coating\"\nwhich is 15 mils or more is considered a lining, and which must be inspected using a\n\"spark tester?\"\nAI. The answer is no. In accordance with the HMR, cargo tank motor vehicle linings must be\ninspected as specified in § 180.407(f). The integrity ofthe lining on a1llined cargo tanks,\nwhen lining is required, must be verified at least once each year. Rubber (elastomeric\nmaterial) linings must be tested for holes. The equipment used to test rubber linings must\nconsist ofa high frequency \"spark tester\" capable ofproducing sufficient voltage to\nensure proper calibration. Linings made ofother than rubber must be tested using\nequipment and procedures prescribed by the lining manufacturer or lining installer (See\n§ 180.407(f)(1) and (f)(2».\nQ2. In a C or A train configuration, is the passive shutdown system (more specifically the\nSmart Hose) as described in § 173.315(n)(2) required to be carried on each lead trailer\nand the pup trailer even though only \"one\" trailer is unloaded at anyone time or will one\nsmart hose suffice?\nA2. The answer is yes. In a C or A train configuration (Le., a truck tractor pulling more than\none trailer connected by \"A\" or \"C\" dolly), each cargo tank motor vehicle (CTMV) in\nliquefied compressed gas service is required to have an emergency discharge control\ncapability. A CTMV in other than metered delivery service must have a means to\nautomatically shut off the flow ofproduct without the need for human intervention within\n\n<<<PAGE 2>>>\n\n20 seconds of an unintentional release caused by a complete separation ofliquid delivery\nhose (passive shut down capability).\nIf a CTMV operating in both metered and non-metered delivery service is equipped with\na passive means of shut down that meets the requirements in § 173.315(n)(2) and\nfunctions for both types ofdeliveries, then it need not also be equipped with an off-truck\nremote means of shut down. However, ifthe passive means ofshutdown only function\nfor non-metered deliveries, then the CTMV must also be equipped with an off-truck\nremote shutdown system.\nQ3. In § 180.417 (b)(2)(x), it states that each inspection report must have \"dated signature\" of\nthe registered inspector and the cargo tank owner. Can a representative (employee) ofthe\ncargo tank owner date and sign the inspection reports?\nA3. The answer is yes. A test and inspection report must include the information specified in\n§ 180.4l7(b) and/or (c), as appropriate, including the location ofdefects found; method\nofrepair; and dated signatures ofboth the Registered Inspector and the cargo tank owner.\nAn owner means the person who owns a cargo tank motor vehicle used for the\ntransportation ofhazardous materials, or that person's authorized agent (See §180.403).\nA representative (employee/authorized agent) ofthe cargo tank owner may date and sign\nthe inspection reports on behalf ofthe cargo tank owner.\nThank you for the information that CGA Technical Bulletin TB-2 (Guidelines for Inspection and\nRepair ofMC-330 and MC-331 Cargo Tanks) referenced in §§ 180.407 and 180.413 is being\nReplaced by CGA P-26.\nI hope this information is helpful. Ifwe can be of further assistance, please contact us.\nBen Supko\nActing Chief, Standards Development\nStandards and rulemaking Division\n\n<<<PAGE 3>>>\n\nEn4rl1VVl\n{J '13.~/'!)6){~)\n.f? 18 ()·1' 7{hXkJ\noak point service Car3tO TQnk-.r\n... .. 10-0189\n272 OAK POINT HWY., WINNIPEG, MB R2R 1V1 / PH. 633-9435 FAX 633-2492\nAugust 13, 2010\nU.S. DOT\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH-10\nEast Building\n1200 New Jersey Avenue, SE\nWashington, DC 20590-0001\nTo whom it may concern:\nI recently attended your DOT workshop in Denver Colorado on August 4th and 5th and\nhave a few questions which require clarification.\n1. A speaker from one of the lining manufacturers attended the workshop and\nprovided some input on linings and coatings. He mentioned that any \"coating\" which is\n15 mils or more is considered a lining and requires to be inspected with a spark tester. I\ncan't find anywhere in CFR49 which defines linings and coatings. Will you please\nclarify.\n2. In a C or A train configuration, is the passive shutdown system (more specifically\nthe Smart Hose) as described in §173.315(n)(2), required to be carried on each the lead\ntrailer and the pup tr;.liler eVf~n though only one trailer is unlo:idec at anyone time or will\none smart hose suffIce?\n3: Where ever CGA Technical Bulletin TB-2 is referenced in CFR49, note that it has\nbeen replaced by CGA P-26 so that correction should be made.\n4: In l80.4l7(b)(x) it states that each inspection report must have \"dated signature of\nthe registered inspector and the cargo tank owner\". Can a representative (employee) of\nthe cargo tank owner date and sign the inspection reports?\nSincerely,\n!?~\nJim Poulsen\nSupervisor","truncated":false,"body_characters":5475}