{"operation":"document","citation":"11-0059","title":"HazMat Resources Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-10-12","effective_on":null,"summary":"11-0059 response to HazMat Resources Inc. concerning 180.407.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0059.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0059.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0059","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110059.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department 1200 New Jersey Avenue. SE\nof Transportation Washington. D.C. 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration\nOCT 1 2 2011\nMr. Daniel G. Shelton\nHazMat Resources Inc.\n124 Rainbow Drive, # 2471\nLivingston, TX 77399\nReference No.: 11-0059\nDear Mr. Shelton:\nThis responds to your letter regarding the requirement for the removal of the upper coupler\nassembly during various tests and inspections of cargo tank motor vehicles (CTMV) under\nthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you\ndescribe two scenarios and ask several specific questions for each scenario. The questions\nregarding both non-insulated and insulated cargo tanks transporting a lading corrosive to\nthe tank are paraphrased and answered as follows:\nFor non-insulated cargo tanks transporting a lading corrosive to the tank:\n01: Is the upper coupler required to be removed to perform the external visual\ninspection?\nAI: In accordance with § 180A07(d)(2)(ix), as part of the external visual inspection test\nfor CTMVs transporting lading corrosive to the tank, an upper coupler must be\nremoved from the CTMV and areas of the cargo tank covered by the upper coupler\nmust be inspected for corroded and abraded areas, dents, distortions, defects in\nwelds, and any other condition that might render the tank unsafe for transportation\nservice. However, as stated in a previous letter of interpretation (Reference No.:\n02-0290, see attached), an upper coupler may remain on the cargo tank under the\nfollowing specific conditions:\n1. The upper coupler must allow a complete external visual inspection of the\narea of the cargo tank that is directly above the upper coupler. The visual\ninspection must be as effective as performing an external visual inspection\nof this area if the turntable were to be removed.\n2. The external visual inspection and pressure test must be conducted by\ndirectly viewing the tank; therefore, the use of a device that creates an\nimage of the tank (i.e., mirrors, cameras, or fiber optics) is prohibited.\n3. All major appurtenances and structural attachments on the cargo tank that\ncan be inspected without dismantling the turntable assembly must be\n\n<<<PAGE 2>>>\n\ninspected for any corrosion or damage that might prevent safe operation\n(§ 180.407(d)(2)(viii)).\n4. Areas covered by the turntable assembly must be inspected for corroded and\nabraded areas, dents, distortions, defects in welds, and any other condition that\nrender the cargo tank unsafe for transportation service (§ 180.407(g)(1)(iii)).\nQ2. Is the upper coupler required to be removed to perform the pressure test?\nA2: The answer is yes, unless all the conditions and criteria in A1, 1 through 4 are met.\nThe requirement to remove the upper coupler assembly as part of a pressure test for\nCTMVs was adopted into the HMR under final rule HM-183A on September 9,\n1990 [55 FR 37041]. As specified in § 180.407(g)(1)(iii), except for cargo tanks\ncarrying lading corrosive to the tank, as part of a pressure test for CTMVs, an upper\ncoupler must be removed from the CTMV, and areas of the cargo tank covered by\nthe upper coupler must be inspected for corroded and abraded areas, dents,\ndistortions, defects in welds, and any other condition that might render the cargo\ntank unsafe for transportation. Although this requirement states \"except for cargo\ntanks carrying material corrosive to the tank\" it was not the intention of HM-183A\nto except these materials from removing the upper coupler during the pressure test.\nInstead, it was the intent to limit the requirement to remove the upper coupler for\npressure testing to only CMTVs carrying material corrosive to the tank.\nQ3: Is a \"UC\" marking, indicating the upper coupler has been inspected, required to be\napplied to the CTMV?\nA3: The answer is no. Each cargo tank successfully completing the test and inspection\nrequirements contained in § 180.407 must be marked as specified in § 180.415.\nThere is no requirement in this section to mark a CTMV that has been successfully\ntested and inspected with \"UC\" marking.\nFor insulated cargo tanks transporting a lading corrosive to the tank:\nQ4: Is the upper coupler required to be removed to perform the external visual\ninspection?\nA4: The answer is no. In accordance with § 180.407(d)(2)(ix), as part of the external\nvisual inspection test for CTMV s transporting lading corrosive to the tank, an upper\ncoupler must be removed from the CTMV and areas of the cargo tank covered by\nthe upper coupler must be inspected for corroded and abraded areas, dents,\ndistortions, defects in welds, and any other condition that might render the tank\nunsaJe for transportation service. However, there is no requirement to remove the\ninsulation and jacketing covering the area of the cargo tank shell above the upper\ncoupler. Therefore, if one did remove the upper coupler, finding any of the\nconditions identified in § 180.407(d)(2)(ix) would be impossible without removing\nthe jacketing and insulation.\nQ5: Is the jacketing and insulation above the upper coupler required to be removed so\nthe shell of the cargo tank can be inspected?\n\n<<<PAGE 3>>>\n\nAS: The answer is no. In accordance with § 180A07(d)(1), where insulation precludes\na complete external visual inspection as required by paragraphs § 180A07(d)(2)(6),\nthe cargo tank also must be given an internal visual inspection as specified in\n§ 180A07(e). If an internal visual inspection is precluded because the cargo tank is lined,\ncoated, or designed so as to prevent access for internal inspection, the tank must be\nhydrostatically or pneumatically tested in accordance with § 180.407(g)(1)(iv).\n06: Is the upper coupler required to be removed to perform the pressure test?\nA6: The answer is no. In accordance with § 180.407(g)(1)(iii), except for cargo tanks\ncarrying lading corrosive to the tank, areas covered by the upper coupler (fifth\nwheel) assembly must be inspected for corroded and abraded areas, dents,\ndistortions, defects in welds, and any other condition that might render the tank\nunsafe for transportation service. The upper coupler (fifth wheel) assembly must\nbe removed from the cargo tank for this inspection. However, since insulation and\njacketing cover the area of the cargo tank above the upper coupler and there is no\nrequirement to remove the insulation and jacketing, unless it is otherwise\nimpossible to reach test pressure and maintain a condition of pressure equilibrium\nafter the test pressure is reached or the vacuum integrity of the insulation space\ncannot be maintained, there are no requirements to remove the upper coupler to\ninspect areas of the cargo tank shell above the upper coupler that are not visible.\n07: Is the jacketing and insulation above the upper coupler required to be removed so\nthe shell of the cargo tank can be inspected?\nA7: The answer is no. In accordance with § 180.407(g)(2), when pressure testing an\ninsulated cargo tank, the insulation and jacketing need not be removed unless it is\notherwise impossible to reach test pressure and maintain a condition of pressure\nequilibrium after test pressure is reached, or the vacuum integrity cannot be\nmaintained in the insulation space.\nI hope this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 4>>>\n\nBe(\\~d ,et\n~ 1800 '+01\n\\, 1-001)4\n124 Rainbow Drive, # 2471\nLivingston, TX 77399\nMr. Charles Betts\nActing Director, Office of Hazardous Materials Standards\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\nEast Building, 2nd Floor\nMail Stop: E21-317\n1200 New Jersey Ave., SE\nWashington, DC 20590\nMr. Betts,\nPlease accept this letter as a request for an interpretation of the requirement for the removal\nof the upper coupler assembly during various tests and inspections of cargo tank motor\nvehicles. There has been great debate and some confusion regarding the requirement to\nremove the and inspect the upper coupler and some facilities even go so far as to mark the\ntank with a UC indicating the upper coupler was inspected. The hazardous materials\nregulations have no requirement to inspect an upper coupler but the regulations do require\nthat those elements of the upper coupler assembly that can be inspected without\ndismantling the upper coupler must be inspected.\nExternal Visual Inspection\n• 180.407(d)(2)(viii) All major appurtenances and structural attachments on the cargo\ntank including, but not limited to, suspension system attachments, connecting\nstructures, and those elements of the upper coupler (fifth wheel) assembly that can\nbe inspected without dismantling the upper coupler (fifth wheel) assembly must be\ninspected for any corrosion or damage which might prevent safe operation;\nThe section goes on to say that cargo tanks transporting lading that is corrosive to the tank,\nthose areas covered by the upper coupler assembly must be inspected at least once every\ntwo years and the upper coupler must be removed from the tank to perform this inspection.\nWe believe those words mean if there is any area of the cargo tank that is covered by the\nupper coupler and prohibits an external visual inspection ofthe cargo tank wall. then the\nupper coupler must be removed for this inspection.\n\" Adding value and: creating wealt~ fOli your organization. thru\nour commitment to personaU2ed customer service\"\nFax (877) 841-6023 Phone (423)863-2252\n\n<<<PAGE 5>>>\n\n• \\SOA07(d)(2)(ix) For cargo tanks transporting lading \"corrosive to the tank\", areas\ncovered by the upper coupler (fifth wheel) assembly must be inspected at least once\nin each two year period for corroded and abraded areas, dents, distortions, defects in\nwelds, and any other condition that might render the tank unsafe for transportation\nservice. The upper coupler (fifth wheel) assembly must be removed from the cargo\ntank for this inspection.\nThe section goes on to say that cargo tanks transporting lading that is corrosive to the tank,\nthose areas covered by the upper coupler assembly must be inspected at least once every\ntwo years and the upper coupler must be removed from the tank to perform this inspection.\nWe believe those words mean if there is any area of the cargo tank that is covered by the\nupper coupler and prohibits an external visual inspection of the cargo tank wall, then the\nupper coupler must be removed for this inspection.\nPressure Test\n• J80A07(g)( I)(iii) Except for cargo tanks carrying lading \"corrosive to the tank\",\nareas covered by the upper coupler (fifth wheel) assembly must be inspected for\ncorroded and abraded ares, dents, distortions, defects in welds, and any other\ncondition that might render the tank unsafe for transportation service. The upper\ncoupler (fifth wheel) assembly must be removed from the cargo tank for this\ninspection.\nWe believe those words mean if there is any area of the cargb tank that is covered by the\nupper coupler and prohibits an external visual inspection of the cargo tank wall while the\ncargo tank is under pressure test pressure, then the upper coupler must be removed in order\nto perform a proper pressure test.\n• J80A07(g)(2) When testing an insulated cargo tank, the insulation and jacketing\nneed not be removed unless it is otherwise impossible to reach test pressure and\nmaintain a condition of pressure equilibrium after test pressure is reached, or the\nvacuum integrity cannot be maintained in the insulation space. If an Me 338 cargo\ntank used for the transportation of a flammable gas or oxygen, refrigerated liquid is\nopened for any reason, the cleanliness must be verified prior to closure using the\nprocedures contained in §178.338~ 15 of this subchapter.\nWhen a person is performing an external visual inspection on an insulated cargo tank motor\nvehicle, Note 4 in 180A07(c) states there is an option to perform either an internal visual\ninspection in conjunction with the external visual inspection or to perform a pressure test.\nThis is because the Department has recognized that insulation and jacketing covers the\nexternal surface ofthe cargo tank, including those areas ofthe cargo tank covered by the\nupper coupler and merely inspecting the jacketing would not be an effective external visual\n\"Adding value and creating, wea~ for your organization tbfU\nour commitment to personalized customer service\"\nFax (877) 841-6023 Phone (423)863-2252\n\n<<<PAGE 6>>>\n\ninspection. The Department has also recognized there is a'tremendous expense associated\nwith the removal of the jacketing and insulation in order to inspect the external shell and\nheads ·of the cargo tank wal I. The Department has noted under the pressure test\nrequirement that the insulation and jacketing are not required to be removed unless the test\npressure cannot be attained.\nFor the record it should be noted that the vehicle inspection requirements are identified in\n49 CFR Appendix G To Subchapter B Of Chapter III--Minirnum Periodic Inspection\nStandards and this requires an inspection of the upper coupler on an annual basis. It would\nbe helpful if the Federal Motor Carrier Safety Administration (FMC SA) would expand on\nthe inspection requirements for upper couplers instead of simply saying coupling devices.\nScenario 1\nA motor carrier offers a DOT 407 non-insulated cargo tank transporting a lading corrosive\nto the tank to a cargo tank test and inspection facility for an external visual, internal visual,\nthickness, leakage and pressure test and the area of the cargo tank above the upper coupler\ncan be visually inspected without removal of the upper coupler.\nPlease provide responses to the following questions:\nI. Is the upper coupler required to be removed to perform the external visual\n2. 3. inspection?\nIs the upper coupler required to be removed to perform the pressure test?\nIs the UC marking required to be applied to cargo tank motor vehicle?\nScenario 2\nA motor carrier offers a DOT 407 insulated cargo tank transporting a lading corrosive to\nthe tank to a cargo tank test and inspection facility for an external visual, internal visual,\nthickness, leakage and pressure test and the area of the cargo tank above the upper coupler\ncannot be visually inspected without removal of the upper coupler.\nI. Is the upper coupler required to be removed to perform the external visual\ninspection?\n2. If the answer to question number one is yes, is the jacketing and insulation above\nthe upper coupler required to be removed so the shell of the cargo tank can be\ninspected.\n3. Is the upper coupler required to be removed to perform the pressure test?\n4. If the answer to question number three is yes, is the jacketing and insulation above\nthe upper coupler required to be removed so the shell of the cargo tank can be\ninspected.\n\"Adding value and creating wealt~ for your o~ganization thru\nour com'mitment to personalized customer service\"\nFax (877) 841-6023 Phone (423)863-2252\n\n<<<PAGE 7>>>\n\n5. Other than the requirement in 180.407(g)(2), is there ever a requirement for the\nfacility to remove the insulation and jacketing?\nThank you in advance for your timely reply.\nSincerely\nDaniel G. Shelton\nPresident\nHazMat Resources, Inc.\nnAdding value and creating wealt~ for your organization tIll!U\nour commitment to personalized customer service\"\nFax (877) 841-6023 Phone (423)863-2252","truncated":false,"body_characters":15382}