{"operation":"document","citation":"16-0049","title":"Slade's Industrial Services, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-08-04","effective_on":null,"summary":"16-0049 response to Slade's Industrial Services, Inc. concerning 171.8, 180.407.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0049.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0049.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0049","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/160049.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMaterials Safety\nPipeline and Hazardous\nAdministration\nAUG 0 4 2016\nMr. James Theriot\nSlade's Industrial Services, Inc.\n1626 U.S. Highway 190 West\nPort Allen, LA 70767\nReference No. 16-0049\nDear Mr. Theriot:\nThis letter is in response to your February 29, 2016, letter requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to visual\ninspection requirements for cargo tanks with an external vinyl wrap. Specifically, you\nreference a letter of interpretation on this subject that the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) issued on July 22, 2014, under Reference No. 14-0110.\nPHMSA issued another letter of interpretation on this subject on April 14, 2016, under\nReference No. 15-0226.\nWe have paraphrased and answered your questions as follows:\nQ1.\nWould a cargo tank covered with an external vinyl wrap such that it displays a 2-foot\ndecal on both sides of the tank need to be internally inspected annually?\nA1. Any portion of the cargo tank that is covered with an external lining (such as a vinyl\nwrap), coated (such as with paint), or designed in a manner that prevents it from\nin conjunction with the external visual inspection for the remaining areas of the cargo\nexternal inspection must be internally inspected in conformance with § 180.407(d)(1)\ntank. The \"Compliance Dates\" table in § 180.407(c) prescribes the time period for the\nexternal visual inspection as six months for cargo tanks designed to be loaded by\nvacuum with full opening rear heads and one year for all other cargo tanks. Further,\nthose areas of the cargo tank that are able to be externally inspected must be externally\ninspected in conformance with § 180.407(d), and the results of this inspection must be\nsubsequently noted in the cargo tank's inspection report.\nQ2.\nDo cargo tanks that are painted need to be internally inspected annually?\nA2. Cargo tanks painted in a manner that prevents them from being externally inspected\nmust be internally inspected as stated in Al. See § 180.407(d)(1).\n\n<<<PAGE 2>>>\n\nQ3.\nWould a stick-on placard - or any other type of decal or sticker - have to be removed\nfrom a cargo tank?\nA3.\nThe answer is no. However, as noted in A1, if a stick-on placard, decal, or sticker\nprevents areas of the cargo tank from being inspected externally, those areas must be\ngiven an internal inspection in conformance with § 180.407(d)(1).\nQ4.\nIf a stick-on placard is not removed, does the HMR require the cargo tank to have an\ninternal visual inspection?\nA4.\nThe answer is yes.\nSee A3.\nQS.\nWould a cargo tank with an exterior that is anything other than bare metal require an\ninternal inspection annually?\nA5.\nSection 180.407(d)(1) states, \"[ilf external visual inspection is precluded because any\npart of the cargo tank wall is externally lined, coated, or designed to prevent an\nexternal visual inspection, those areas of the cargo tank must be internally inspected.\"\nTherefore, one must consider whether the application of paint on the exterior of a\ncargo tank wall prevents the performance of an external visual inspection that\nconforms to the requirements of the HMR (e.g., §§ 180.407(d)(2) through (d)(7)). It is\nthe opinion of this Office that the Registered Inspector (as defined in § 171.8), or other\nappropriate person meeting the requirements of § 180.409, would determine whether\nthe paint has covered certain areas of the cargo tank wall in such a way that prevents a\nproper external visual inspection from being performed. If the Registered Inspector\ndetermines that the application of paint does indeed prevent a proper external visual\ninspection, an internal visual inspection of those areas affected by the paint would be\nrequired in conjunction with the external visual inspection for the remaining areas of\nthe cargo tank wall prescribed in § 180.407(c).\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nten sata\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandard and Rulemaking Division\n2\n\n<<<PAGE 3>>>\n\n•\nEdmonson\n3180-405180.406\nCargo Tanks\nINDUSTRIAL SERVICES\nSLADES\n1626 HWY 190 WEST\nPORT ALLEN, LA 70767\n(225) 336-3338\nTo: U.S. DOT/PHMSA\n02/29/2016\nSubject: Questions on Interpretation #14-0110\nOn this interpretation an internal visual inspection is required if a tank is wrapped. Would a\ntank that has a 2' decal going down the side of the tank need to be internally inspected annually? What\nabout tanks that are painted?, it a tank has a stick on placard or any other type of decal or sticker, will\nthat have to be removed? or if not remove would an internal visual inspection be required? Would\nanything other than bare metal require an internal inspection annually?\nTheret\nIndustrial Services, Inc.\njames@sladeswelding.com\n(225) 336-3338","truncated":false,"body_characters":4913}