{"operation":"document","citation":"14-0164","title":"PCS Sales (USA), Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-04-13","effective_on":null,"summary":"14-0164 response to PCS Sales (USA), Inc. concerning 171.2, 180.407, 180.411.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0164.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0164.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0164","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/140164.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\n1200 New Jersey Avenue SE\nof Transportation\nWashington DC 20590\nSafety Administration\nPipeline and Hazardous Materials\nMAR 1 3 2015\nMr. Tracey Smith\nManager, Regulatory Compliance\nPCS Sales (USA), Inc.\n1101 Skokie Blvd., Suite 400\nNorthbrook, IL 60062\nRef. No. 14-0164\nDear Mr. Smith:\nThis is in response to your September 3, 2014 email regarding insulated cargo tank\nrequirements in the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180).\nSpecifically, you are concerned whether the conditions requiring test and inspection of a\nspecification cargo tank under § 180.407(b)(1) and (2) apply to the jacket on an insulated\nand answered as follows:\ncargo tank. Your questions regarding the jacket of an insulated cargo tank are paraphrased\nQ1. Do the criteria for dents under § 180.411 apply to the jacket of an insulated\ncargo tank?\nA1. No, the acceptable results of tests and inspections found in §180.411 do not\napply to the jacket of an insulated cargo tank. However, damage to the jacket may\nindicate that there is damage to the cargo tank, and additional inspection should\noccur.\nQ2. If the insulated cargo tank's jacket is not weather tight because of a tear, gouge,\nor dent in the jacket, is it still acceptable to load the cargo tank?\nA2. The answer is no. As stated in § 180.407(b), a cargo tank must be tested and\ninspected prior to further use if there is evidence of an unsafe condition, specifically,\nif it shows evidence of dents, cuts, gouges, corroded or abraded areas, leakage, or\nany other condition that might render it unsafe for hazardous materials service. We\nconsider a tear, gouge, or dent in the insulating jacket as evidence of a condition that\nmight render it unsafe for hazardous materials service. Thus, a cargo tank fitted with\nan insulating jacket that has evidence of a tear, gouge, or dent must be tested and\ninspected prior to further use.\n\n<<<PAGE 2>>>\n\nFurthermore, the jacket of an insulated cargo tank must satisfy the thermal insulation\nrequirements of the DOT specification. Damage to the jacket may indicate that the\nJacket is no longer satistactorily performing this function and must be restored to its\nintended condition according to its specification.\nQ3. Prior to loading, who is responsible for inspecting the cargo tank for dents and\nto ensure the package is acceptable; the loading facility or the carrier?\nA3. Section 171.2 (i) states that no person may certify that a hazardous material is\noffered for transportation in commerce in accordance with the requirements of the\nHMR unless the hazardous material is properly classed, described, packaged,\nmarked, labeled, and in condition for shipment as required or authorized by\napplicable requirements of this subchapter or an exemption or special permit,\napproval, or registration issued under this subchapter or subchapter A of this chapter.\nThe qualification and maintenance requirements for a DOT specification cargo tank\nare applicable to any person responsible for the continuing qualification,\nmaintenance or periodic testing of a cargo tank. Each person who offers a package\ncontaining a hazardous material for transportation in commerce in accordance with\nthe HMR must assure that the package remains in condition for shipment until it is in\nthe possession of the carrier.\nI trust this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely,\nThat Thi\nActing Chief, Standard Development\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nBroussard\n180.407(6)\nGoodall, Shante CTR (PHMSA)\nCargo tanks recumenti\nFrom:\nSent:\nCiccarone, Michael CTR (PHMSA)\n14-0164\nTo:\nWednesday, September 03, 2014 4:16 PM\nSubject:\nHazmat Interps\nFW: Request Written Letter of Interpretation 180.407(b)182\nShante and Alice,\nPlease submit this for a formal letter of interpretation. Mr. Smith spoke to Chris Ludwa in the HMIC.\nThanks,\nMike\nFrom: IGSmith@potashcorp.com [mailto: TGSmith@potashcorp.com]\nSent: Wednesday, September 03, 2014 3:20 PM\nTo: PHMSA HM InfoCenter\nSubject: Request Written Letter of Interpretation 180.407(b)182\nI am formally requesting a written letter of interpretation for the following question in reference to 180-407(b)1&2.\ndent which exceeds the criteria outlined in 180.411? Since the tank itself can not be seen from a visual inspection from\nQ1 Does the criteria for dents apply to a cargo tank's exterior jacket of a insulated cargo tank? Meaning if the tank has a\nthe ground by a loader?\nQ2 If they Jacket of the insulated cargo tank is not weather tight because of tear or gouge/dent in the jack is it still\nacceptable to load?\nQ3 Who is responsible for inspecting the cargo tank prior to loading for dents to ensure the package is accepable? The\nloading facility or the carrier?\nMr. Tracey G. Smith\nPCS Sales (USA), Inc.\nPhone#: 847-849-4358\nManager, Regulatory Compliance\nOffice Hours are 7:30am - 4:00pm Central Time\nMobile#: 847-208-2727\nFax: 847-849-4692\nEmail: tgsmith@potashcorp.com\nThis message may contain confidential Information. If you are not the designated recipient, please notify the sender\nimmediately, and delete the original and any copies. Any use of this message without approval by PCS is prohibited.\n1","truncated":false,"body_characters":5233}