{"operation":"document","citation":"20-0033","title":"Fleener Consulting LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2021-03-03","effective_on":null,"summary":"20-0033 response to Fleener Consulting LLC concerning 178.337, 180.405, 180.413.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0033.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0033.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0033","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/74781/200033.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMarch 3, 2021\nMr. Arthur L. Fleener\nFleener Consulting LLC\n3741 Mathews Rd.\nAmes, IA 50014-9202\nReference No. 20-0033\nDear Mr. Fleener:\nThis letter is in response to your April 17, 2020, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to MC 331 cargo tanks.\nWe have paraphrased and answered your questions as follows:\nQ1. You cite a MC 331 cargo tank built in 1971, and ask whether a pad is required for a\nbaffle to be attached to the shell of the cargo tank (the baffle is considered an\nappurtenance in this example). You also ask when the requirement that a pad is required\nfor an appurtenance became effective.\nA1. Current requirements for the design, construction, and installation of attachments and\nappurtenances for MC 331 cargo tanks are specified in § 178.337-3(g). These\nrequirements were originally promulgated under the final rule titled “Requirements for\nCargo Tanks; Revisions, Response to Petitions for Reconsideration; Final Rule” under\nDocket Nos. HM-183 and HM-183A [55 FR 37058], and became effective on September\n1, 1995 (See § 180.405(b)(1)). If a cargo tank was built before the requirement of a\nmounting pad became effective, a mounting pad is not required for the attachment of a\nbaffle.\nQ2. You state that an internal visual inspection is conducted on a MC 331 cargo tank\nmanufactured prior to September 1, 1995. The resulting inspection indicates that a baffle\nattached to the shell of the cargo tank without a mounting pad is cracked. You ask\nwhether the repair requires a pad.\nA2. On June 30, 2004, the Research and Special Programs Administration (RSPA), the\npredecessor agency to the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), issued a Letter of Interpretation (LOI) under Reference No. 04-0124\nexplaining that the retrofitting of cargo tanks manufactured prior to September 1, 1995\nwas not required. The interpretation also stated that “For MC 331 cargo tanks\n\n<<<PAGE 2>>>\n\nmanufactured prior to September 1, 1995, appurtenances and accessories must be\nattached to the tank in accordance with the specification in effect at the time of\nmanufacture.” If there were no existing mounting pad requirements at the time the cargo\ntank was manufactured, the repair would not require a mounting pad.\nQ3. You state that if a mounting pad is required for a repair on a MC 331 cargo tank\nmanufactured prior to September 1, 1995 as referenced in Q2., and there are cracks in\nthree of the four attachments, you ask whether the fourth attachment must be retrofitted\nwith a mounting pad.\nA3. If mounting pad requirements existed at the time a cargo tank was manufactured, and a\nbaffle was attached without the use of a mounting pad, then the cargo tank must be\nremoved from service until appropriate repairs and/or modifications are made, regardless\nof existing cracks.\nQ4. You ask whether a welded repair of a MC 331 cargo tank must be done in accordance\nwith the specification in effect at the time of the repair or may the repair be performed in\naccordance with the specification at the time the tank was manufactured?\nA4. MC 331 cargo tanks must be repaired in accordance with the repair procedures described\nin the Compressed Gas Association’s Technical Bulletin, TB2 and the National Board\nInspection Code (NBIC). Each cargo tank having cracks or other defects requiring\nwelded repairs must meet all applicable inspection, test, and heat treatment requirements\nin § 178.337-16 in effect at the time of the repair (except that postweld heat treatment\nafter minor weld repairs is not required). See § 180.413.\nI hope this information is helpful. 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 3>>>\n\nFrom: Kelley, Shane (PHMSA)\nTo: January, Ikeya CTR (PHMSA); Dodd, Alice (PHMSA)\nCc: Foster, Glenn (PHMSA)\nSubject: Fwd: Request for guidance\nDate: Friday, April 17, 2020 11:52:41 AM\nAttachments: 331 request for guidance.pdf\nPlease process as a letter of clarification. The response with tracking number should be sent to\nMr. Fleener by email please.\nThanks all\nFrom: art fleener <fleenerconsulting@yahoo.com>\nSent: Friday, April 17, 2020 11:04:50 AM\nTo: Foster, Glenn (PHMSA) <Glenn.Foster@dot.gov>; Kelley, Shane (PHMSA) <shane.kelley@dot.gov>\nSubject: Request for guidance\nPlease see the attached document requesting guidance on 4 questions.\nHope you guys are doing well.\nIf you have any questions please let me know.\nThanks\nart\nFleener Consulting LLC.\n515 291 9208\nfleenerconsulting.com\n\n<<<PAGE 4>>>\n\nDOT Hozordous Moteriols Consulting\nEmoil : fleenerconsulting@yohoo.com\nWebsite : f leenerconsu ltin g.com\n3741 Mothews Rd,\nAmes, lowo 500,14\n515 -291-9208\nCONSULTING LLC\nI would like to request guidance on the following questions as it relates to MC 33L cargo tanks.\nL. For a MC 33L specification cargo tank, what is the manufactured date that a pad is required for\nan appurtenance? Example: A MC 33L cargo tank built in L97tis it required to have a pad for\nthe baffle to be attached to the shell? The baffle is not a structural support member and is\nconsidered an appurtenance.\n2. A MC 331 cargo tank manufactured prior to the date when a pad for an appurtenance was\nrequired has an internal visual inspection. The inspection shows that the baffle (appurtenance)\nattachment to the shell without the use of a pad has become cracked, does the repair require a\npad to be used?\n3. lf a pad is required to be used for the repair in example #2 and there are cracks in three out of\nthe four attachments for one particular baffle, must the fourth attachment that does not show\nany evidence of cracks be retrofitted with a pad for the baffle attachment as well?\n4. For a welded repair of a MC 33L must it be done in accordance with the specification in effect at\nthe time of repair? Or are you able to do the repair in accordance with the specification at the\ntime the tank was manufactured?\nlf you have any questions regarding the above please let me know.\nThank you\nArthur L Fleener","truncated":false,"body_characters":6259}