{"operation":"document","citation":"20-0038","title":"Arthur L. Fleener — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2020-08-28","effective_on":null,"summary":"20-0038 response to Arthur L. Fleener concerning 180.407.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0038.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0038.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0038","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/74276/200038.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nJune 29, 2020\nArthur L. Fleener\nFleener Consulting LLC\n3741 Mathews Road\nAmes, IA 50014\nReference No. 20-0038\nDear Mr. Fleener:\nThis letter is in response to your April 29, 2020, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to MC 331 cargo tanks.\nSpecifically, you seek clarification regarding external visual inspections of MC 331 cargo tanks\nthat have been treated on the lower 1/3 of the cargo tank with a product commonly known as\n“rock guard.” You note that, similar to paint, “rock guard” is sprayed directly onto the unpainted\ncargo tank to provide a tough and scratch resistant surface that protects the cargo tank from rust\nand corrosion.\nWe have paraphrased and answered your questions as follows:\nQ1. You ask whether an MC 331 cargo tank that has been treated with “rock guard” would\nrequire a yearly internal visual inspection as part of the external visual inspection.\nA1. Section 180.407(d)(1) states, “If external visual inspection is precluded because any part\nof the cargo tank wall is externally lined, coated, or designed to prevent an external visual\ninspection, those areas of the cargo tank must be internally inspected.” Therefore, if any\nportion of a cargo tank is covered with an external lining (e.g., a vinyl wrap) and/or\ncoated (e.g., with paint or rock guard) in such a manner that prevents the proper external\nvisual inspection as described in § 180.407(d)(1), then an internal visual inspection of\nthose areas affected by the paint and/or coating would be required in conjunction with the\nexternal visual inspection for the remaining areas of the cargo tank wall.\nQ2. If the answer to Q1 is yes, you ask how an MC 331 cargo tank treated with “rock guard”\nis different than a regular painted cargo tank.\nA2. As stated in A1, if a 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. As\na result, for the purposes of performing the external visual inspection as described in\n§ 180.407(d), both paint and “rock guard” are regarded as coatings and prompt an\ninternal inspection on cargo tanks when they prevent an external inspection.\n\n<<<PAGE 2>>>\n\nQ3. You ask whether a cargo tank that has been treated with “rock guard” and that is required\nto have a yearly internal visual inspection as part of the external visual inspection would\nstill require the internal visual inspection if the “rock guard” was not applied to the\nwelded joints.\nA3. Please see A1 and A2.\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\nBallengee\n20-0038\nFrom: Foster, Glenn (PHMSA)\nTo: Dodd, Alice (PHMSA)\nSubject: FW: Request for guidance\nDate: Wednesday, April 29, 2020 10:13:24 AM\nAttachments: rock guard interp request.pdf\nFrom: art fleener [mailto:fleenerconsulting@yahoo.com]\nSent: Wednesday, April 29, 2020 9:53 AM\nTo: Foster, Glenn (PHMSA) <Glenn.Foster@dot.gov>\nCc: Kelley, Shane (PHMSA) <shane.kelley@dot.gov>\nSubject: Request for guidance\nGlenn\nSee the attached file for a guidance request on external visual inspections for a cargo\ntank.\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: fleenerconsulting.com\n3741 Mothews Rd\nAmes, lowo 500.14\n515 -291-9208\nCONSULTING LLC\nApril29,2020\nMr. T. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\nDear Mr. Foster:\nWe would like to seek clarification regarding external visr-ral inspections on MC 331 cargo tanks that\nhave what is commonly known as \"rock guard\" sprayed on the lower l/3 of cargo tank. Rock guard\nis a treatment that is sprayed on the cargo tank not unlike paint.\nRock guard provides a tough and scratch resistance surface and protects the tank from rust and\ncorrosion.\nRock guard is sprayed directly onto the unpainted cargo tank. T'he rest of the cargo tank is painted as\nnormal.\nWe are seeking guidance if cargo tanks that have the rock guard treatment requires an internal visual\ninspection as part of the external visual inspection.\nOur tlrickness testing of the spray on rock guard shows that it has a thickness of between 9 rnm and\nl3 mm. Our thickness testing of the paint commonly used on MC 331 cargo tanks shows that the\npaint is between l6 mrn and I 8 rnrn thick.\nBased on our experience if there is corrosion under the rock guard a rust bubble will be visible\nsimilar to a rust bubble under paint. It is not uncornmon to have a minimum shell thickness for these\ntanks of over 0.40 inches. If there is corrosion between the rock guard and the oargo tank shell, an\nirrternal visual inspection will not show this corrosion.\nIt is our belief that cargo tanks with treatments like rock guard would simply be tested and inspected\nas any painted cargo tank would be.\n1. For a cargo tank that has rock guard sprayed on the tank, would this treatlrent require the\ntank to have an internal visual inspection yearly as pafi ofthe external visual inspection?\n\n<<<PAGE 5>>>\n\n@\nFLEENER\nCONSULTING LLC\nDOT Hozordous Moteriols Consulting\nEmoil : fleenerconsulting@yohoo.com\nWebsite : f leenerconsulting.com\n3741 Mothews Rd\nAmes, lowo 500.l4\n515 -291-9208\n2. If the answer is yes to question #l how is this any different then a regular painted tank?\n3. I f a tanl< has the rock guard treatrnent and if it is required to have an internal visual annually\nas part of the external visual inspection if the rock guard was not applied to the welded joints\nwould it still require an internal visual inspection annually?\nSincerely, k%\nArthur L. Fleener","truncated":false,"body_characters":6010}