Public Utilities Commission of Ohio Transportation Department — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 February 8, 2021 Tom Forbes Public Utilities Commission of Ohio Transportation Department 180 East Broad St, 4th floor Columbus, OH 43215 Reference No. 20-0092 Dear Mr. Forbes: This letter is in response to your November 30, 2020, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to a vinyl wrapped cargo tank motor vehicle (CTMV). Specifically, you ask about the inspection requirements pertaining to a Specification MC-331 CTMV (i.e., a bobtail metered delivery truck) that is fitted with a vinyl wrap covering significant portions of the sides of the cargo tank, thus precluding the performance of external visual inspections as required in § 180.407. You also state that the CTMV is not equipped with a manhole to allow for an internal visual inspection, as is required when external visual inspections are not practicable. Finally, you ask whether an annual pressure test (e.g., hydrostatic or pneumatic) is required in lieu of an external visual inspection when neither an external—or substitute internal—visual inspection is possible. The answer is yes. As required by § 180.407(c), an inspector must complete the external visual inspection annually, except for on a cargo tank designed to be loaded by vacuum with full opening rear heads. If the external visual inspection is prevented because any part of the cargo tank wall is externally lined, coated, or otherwise designed to prevent an external visual inspection, those areas of the cargo tank must be internally inspected. If the internal visual inspection is prevented because the cargo tank is lined, coated, or otherwise designed to prevent access for internal visual inspection, the cargo tank must be hydrostatically or pneumatically tested in accordance with § 180.407(g)(1)(iv) (see § 180.407(d)(1)). Therefore, the bobtail metered delivery truck you described must be annually pressure tested because the vinyl wrap prevents a complete external visual inspection, and the lack of a manhole prevents an internal visual inspection. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Dirk Der Kinderen Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2Casey 20-0092 From: INFOCNTR (PHMSA) To: Date: Dodd, Alice (PHMSA); Hazmat Interps Subject: FW: Interpretation Request Tuesday, December 1, 2020 11:27:50 AM Attachments: image003.png image004.png Hi Alice, Please see the letter of interpretation request below. The requestor’s address is: 180 East Broad St 4th floor Columbus, OH 43215. Please contact our office with any questions. Best, Sarah (HMIC) From: tom.forbes@puco.ohio.gov [mailto:tom.forbes@puco.ohio.gov] Sent: Monday, November 30, 2020 2:49 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Interpretation Request CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe. This email is requesting written clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171--180) applicable to the test and inspection requirements of cargo tanks covered with a vinyl wrap for advertisement purposes. I have reviewed previous interpretation on this matter including 16-0049, 14-0110 and 15-0221. In this situation a MC-331 bobtail metered deliver truck is fitted with a vinyl wrap that covers major portions of both sides of the cargo tank. This vinyl wrap prevents a complete external visual inspection of the cargo tanks sides. It is my understanding that these portions of the cargo tank would then require an internal visual inspection of those areas annually as required by 180.407(d) (1). This particular MC-331 cargo tank is not equipped with a manhole to allow internal inspection. If the cargo tank is designed to prevent an internal visual inspection, is it correct to state an annual pressure test would be required on this unit? Thank you for your assistance and guidance on this matter. Tom Forbes Public Utilities Commission of Ohio Transportation Department#

Page 3Assistant Chief Motor Carrier & Rail Enforcement Division Cell (614) 519-2811 Office (614) 644-0296 PUCO.ohio.gov _ This message and any response to it may constitute a public record and thus may be publicly available to anyone who requests it.#