{"operation":"document","citation":"14-0042","title":"Thompson Tank Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-08-22","effective_on":null,"summary":"14-0042 response to Thompson Tank Inc. concerning 178.348.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0042.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0042.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0042","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2014/140042.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nMaterials Safet\nipeline and Hazardou:\nWashington, D.C. 20590\n1200 New Jersey Avenue, SE\nAdministration\nAUG 2 2 2014\nMr. David L. Thompson\nThompson Tank, Inc.\nP.O. Box 790\nLakewood, CA 90714-0790\nRef. No. 14-0042\nDear Mr. Thompson:\nThis is a response to your February 26, 2014 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) with regard to the manufacture of\nDOT specification cargo tanks. This letter requests further clarification of a previous\ninterpretation (Reference No. 13-0207R; see enclosed). Specifically, you seek clarification\non the design, construction and certification of DOT 412 cargo tanks designed to be loaded\nby vacuum. You ask if a vacuum loaded DOT 412 cargo tank having a 15 psig external\nmaximum allowable working pressure (MAWP) must be designed, constructed and certified\nin accordance with the ASME Code and stamped on the ASME name plate.\nSpecification DOT 412 cargo tanks designed to be loaded by vacuum must have a minimum\nexternal MAWP of 15 psig and a minimum internal MAWP of 25 psig in accordance with\nbe constructed and certified in accordance with Section VIII of the ASME Code, in\n§ 178.348-1(c). A DOT 412 cargo tank designed to be vacuum loaded would be required to\naccordance with § 178.348-1(e)(1) and the name plate must be stamped accordingly. This\nrequirement does not distinguish between internal and external MAWP, therefore a DOT 412\nthan 15 psig must be constructed and certified in accordance with the ASME Code,\ncargo tank designed to be vacuum loaded and manufactured with an internal MAWP greater\nirrespective of the external MAWP.\nI hope this information is helpful. If you have any more questions, please do not hesitate to\ncontact this office.\nSincerely,\nRht Sulat\nRobert Benedict\nChief, Standards Development\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nASME - D.O.T CERTIFICATION\nTHOMPSON TANK, INC.\nD.O.T. INSPECTION - TESTING\nDESIGN ENGINEERING • CONSTRUCTION\nTHOMPSON VACUUM-PRESSURE UNITS\nSuchak\n$178.345-1\n$178.348-1\nfebruary 26, 2014\n8118.347-1\nU.S. DOT\nPHMSA Office of Hazardous Material\nCargo Tanks\nStandards\nAttn: PHH-10\n14-0042\nEast building\n1200 New Jersey Ave., SE.\nWashington, DC 20590-0001\nGentlemen,\nSubject: Vacuum Loading Reference No. 13-0207\nWe received your interpretation Ref No.: 13-0207 and find your statements\ndirected at a DOT 412 Cargo Tank to be very confusing.\nThe DOT 412 Vacuum-Loaded Cargo Tank is typically designed, constructed\nand 15 PSI External MAWP.\nand certified in accordance with the ASME Code for 50 PSI Internal MAWP\nItem No. 1.\nMust the 15 PSI External MAWP be designed, constructed,\nand certified in accordance with the ASME Code and stamped\non the ASME Specification Plate.\nItem No. 2.\nMust the 15 PSI External MAWP be designed and\ncertified.\nconstructed in accordance with the ASME Code, but not\nNote: If the DOT-412 Vacuum-Loaded Cargo Tank is really designed and\nconstructed in accordance with the ASME Code for 15 PSI External\nMAWP the additional cost for Certification is \"ZERO.\" It is already\nbeing ASME Code Certified for the internal pressure condition. A\nvery small inconvenience for such a large degree of safety.\nMAILING: POST OFFICE BOX 790, LAKEWOOD, CA 90714-0790\nSHIPPING: 8029 PHLOX STREET, DOWNEY, CA 90241\nPHONE: (562) 869-7711 • FAX: (562) 869-7214 • OUT OF STATE: (800) 421-7545\n\n<<<PAGE 3>>>\n\nPlease consider that a DOT 407 Specification Vacuum-Loaded Cargo Tank\nmust comply with Item No. 1 and is in a less severe service.\nAlso that a DOT 412 cannot haul flammable products without the\ntemperature actuated shut-off system required for a DOT 407.\nEnclosed for your evaluation is an email from Truck Trailer Manufacturer\nAssociation (TTMA) regarding regulation proposals to PHSMA and e-mail\nsent by Danny Shelton.\nSincerely,\nDavid L. Thompson\nThompson Tank, Inc.\nDLT: rb\nEncl (1 - email from TTMA\n2- email from Danny Shelton)\n\n<<<PAGE 4>>>\n\nompson Tank Inc\nSent:\nrom:\nTo:\nWednesday, December 03, 2008 7:55 AM\nAttachments:\nSubject:\nW: Vacuum tank\nhompson Tank Ir\nvac tanks Recommendation for 218.doc\nMr. Dave\nAnd the saga continues\nFrom: Jeff Sims [mailto:Jeff@ttmanet.org]\nSent: Wednesday, December 03, 2008 6:11 AM\nTo: Andre Bourgault; Anthony Van Houdt; Bruce Yakley; Bryan Van De Vyvere; Bryan Yielding ; cfoshe@acrotrailer.com;\nGirard ; David Perry; David Wagoner; Don Lang; Donnie Alford; Duane Plumski ; Ed Mansell ; Gary Christen; Gary\nChad Betts; Chris Budniak; Daniel Tremblay ; Dave Adams; Dave Shannon; David Bailey; David Ball; David Burke; David\nSpoelstra; Harvey Wallenstein; Jack Mueliner; Jack Rademacher ; Jim Lawler; Jim Pflum; Joe Calonge; Joe House ; Lee\nHancock ; Leona Busse; Loy McGee ; Mike Barker; Nathan Roe ; Nick Paulick; Pascal Thibault ; Peter Weis; Ray Heelan;\nRaymond Schaffer; Rick Connelly; Rick Fahl; Robert Lane; Rosemary Muellner; Russ Hamilton; Scott Hevelone; Sean\nWayne Roderick\nAndersen; Steven McWilliams ; Thomas Ballon ; Thomas Determan; Timothy Rabe; Tom Hitchcock; Vaughn DeVorse ;\nSubject: Vacuum tanks\nGood Morning to all,\nvacuum\" clearer in the regulations.\nThe attached wording is being proposed to PHMSA in an attempt to make \"loaded by vacuum\" and \"built to withstand full\nThey are attempting to get this into 218f a non-significant regulation that will not have a comment period, so if we have\nany heartburn with the wording now is time to discuss it.\nHave a great day!\nJeff Sims\nTTMA - Engineering Manager\n703-549-3014 Fax\n703-549-3010 phone\nwww.ttmanet.org\n\n<<<PAGE 5>>>\n\n178.347-1 (c) states that \"Any cargo tank built to this specification with a MAWP greater\nthan 35 psig and each tank designed to be loaded by vacuum must be constructed and\ncertified in conformance with Section VIII of the ASME Code (IBR, see §171.7 of this\nleast 15 psi.\"\nsubchapter). The external design pressure for a cargo tank loaded by vacuum must be at\n178.347-4(b) goes on to say that vacuum relief devices are not required for cargo tanks\ndesigned to be loaded by vacuum or built to withstand full vacuum.\nThis wording is confusing and creates the appearance that a cargo tank motor vehicle\ndesigned to be loaded by vacuum referenced in 178.347-1(c) and cargo tank motor\nvehicles built to withstand full vacuum referenced in 178.347-4(b) are not required to\nhave vacuum relief devices because they are required to be constructed and certified in\naccordance with the ASME Code. One can reach this conclusion because in both cases\nthe \"loaded by vacuum and built to withstand full vacuum\" mean that the cargo tank wall\npsi.\nmust meet the structural integrity requirements to withstand an external pressure of 15\nThere is a clear distinction and intent between the phrase \"designed to be loaded by\nvacuum\" and \"built to withstand full vacuum\". We believe that if a cargo tank\nmanufacturer designs a cargo tank \"to withstand full vacuum\" that this tank is not\nrequired to be certified in conformance with Section VIII of the ASME Code but we also\nbelieve that a cargo tank that is loaded by vacuum is required to be constructed and\ncertified in accordance with Section VIII of the ASME Code. The intent of the final user\nof the equipment will determine whether a tank will be vacuum loaded and required to be\na \"U\" stamped vessel versus a cargo tank that is designed to withstand full vacuum to\nensure the tank is not sucked in because of product cooling or during unloading and as a\nproducts being transported.\nresult of the cooling of the product suck in moisture from the air and contaminate the\nWe believe it was also the intent of the Department to allow for cargo tanks that are\ndesigned to withstand full vacuum but are not \"U\" stamped vessels to be able to take\nadvantage of the exception in 178.347-4(b). The enforcement community can easily\ndetermine by inspecting the accessory equipment installed on the cargo tank motor\nvehicle and determine if this cargo tank motor vehicle is being loaded by vacuum. Once\nthat has been determined simply verify that the cargo tank motor vehicle has a \"U\" stamp\nand compliance with the requirements have been verified. If, however the cargo tank\nand the intent of the Department is also clear and concise.\nmotor vehicle is not a \"U\" stamped vessel then non-compliance has also been verified\nfollows.\nBecause of the confusion we intend to clarify section 178.347-1(c) and 178.347-4(b) as\n§178.347-1 General Requirements\n\n<<<PAGE 6>>>\n\n178.347-1 (c) Any cargo tank motor vehicle built to this specification with a MAWP\ngreater than 35 psig or each tank motor vehicle designed be loaded by vacuum must be\nconstructed and certified in conformance with Section VIII of the ASME Code (IBR, see\n§171.7 of this subchapter). The external design pressure for a cargo tank loaded by\nvacuum must be at least 15 psi.\n(d) Each cargo tank motor vehicle built to this specification with MAWP of 35 psig or\nless or designed to withstand full vacuum but not be loaded by vacuum must be\n\"constructed in accordance with Section VIII of the ASME Code\" except as modified.\n§178.347-4 Pressure Relief\n(b) Type and construction. Vacuum relief devices are not required for cargo tank motor\nwithstand full vacuum in accordance with 178.347-1(d).\nvehicles designed to be loaded by vacuum in accordance with 178.347-1 (c) or built to\n\n<<<PAGE 7>>>\n\nD.L. Thompson\nFrom:\nSent:\nDanny Shelton <shelton10104@gmail.com>\nTo:\nWednesday, February 26, 2014 11:24 AM\n'Peter Weis'; Duane Plumski; John Cannon; anthony.vanhoudt@bealltrailers.com; Jack\nCc:\nRademacher\nSubject:\nTom A. Rogers (Work); Mike Pitts; D. L. Thompson\nAttachments:\nCargo tanks Designed to be loaded by Vacuum\nCertified ASME Vacuum 13-0207 2.18.2014 pdf\nPlease see the attached interpretation from PHMSA dated February 18, 2014 in response to Dave Thompson's\ninquiry. Based on this interpretation it is my professional opinion that a cargo tank motor vehicle that is designed to\nloaded by vacuum must be constructed and certified in accordance with the ASME Code. I believe that also means that\nand if it is a design consideration then the ASME Data Plate must be marked.\nthe ASME Data Plate must be marked with a minimum external pressure of 15 because that is a design consideration\nRegards","truncated":false,"body_characters":10229}