{"operation":"document","citation":"23-0009","title":"DOT Training Solutions — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2024-03-21","effective_on":null,"summary":"23-0009 response to DOT Training Solutions concerning 180.407.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0009.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0009.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-23-0009","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2024-03/230009.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 21, 2024\nMr. Rex Railsback\nSafety Consultant\nDOT Training Solutions\nP.O. Box 25311\nOverland Park, KS 66225\nReference No. 23-0009\nDear Mr. Railsback:\nThis letter is in response to your January 30, 2023, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to cargo tank void\nspaces. Specifically, you wish to clarify the question from a previously issued letter of\ninterpretation (Reference No. 22-0028).\nYou state in your email that you “… did not intend to ask if the void space between\ncompartmented cargo tanks built with double bulkheads, between compartments, was considered\na ‘compartment’.” Rather, you intended to ask whether the individual tanks of a multi-tank\ncargo tank motor vehicle (CTMV)—utilizing double bulkheads between tanks which remain at\natmospheric pressure during leakage and pressure test—are considered adjacent cargo tanks, as it\nrelates to §§ 180.407(g)(1)(vi) and (h)(1).\nThe answer is yes. As noted in our previous letter of interpretation (Reference No. 22-0028),\n§§ 180.407(g)(1)(vi) and (h)(1) both state that “each cargo tank of a multi-tank cargo tank\nmotor vehicle must be tested with the adjacent cargo tanks empty and at atmospheric pressure”\n(emphasis added). In addition, §§ 180.407(g)(1)(vi) and (h)(1) do not contain provisions\nspecifically excepting CTMVs configured with bulkheads.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nSteven Andrews\nActing Chief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nPollack\n23-0009\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Ref. Hazmat letter of interpretation 22-0028\nDate: Wednesday, February 1, 2023 8:42:04 AM\nAttachments: 22-0028.pdf\nGood morning Alice,\nPlease see the below interpretation request for Rex Railsback.\nHe has some additional information that was not included in his original request and he is asking for\nanother one based on this information that was not in his original request.\nLet me know if you need anything.\nRegards,\n-Breanna\nFrom: Rex Railsback <rex@dottrainingsolutions.com>\nSent: Monday, January 30, 2023 10:37 AM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nCc: Matthew Freeman <matt@dottrainingsolutions.com>\nSubject: Ref. Hazmat letter of interpretation 22-0028\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nMr. Foster or designee,\nWe apologize for any misunderstanding of our question ref. 180.407 (g)(1)(vi) and 180.407 (h)(1) as\nit relates to “adjacent compartments” and “void spaces”, to which you responded to in your letter of\ninterpretation 22-0028, on January 24, 2023 . We did not intend to ask if the void space between\ncompartmented cargo tanks built with double bulkheads, between compartments, was considered a\n“compartment”. Our questions is, are the individual tanks, of a multi-tank cargo tank, utilizing double\nbulkheads between tanks, which remain at atmospheric pressure, during leakage and pressure test,\nconsidered adjacent cargo tanks, as it relates to 180.407(g)(1)(vi) and 180.407(h)(1)?\nOur understanding is that the “air gap” caused by the double bulkhead, along with the required\nopen drain holes, and the fact that each “air gapped” tank, is gauged separately, during a leakage or\npressure test, means that each tank of a multi-tank cargo tank, built with “air gapped” double bulk\nheads, would not be considered as adjacent tanks, as it relates to 180.407(g)(1)(vi) and 180.407(h)\n\n<<<PAGE 3>>>\n\n(1).\nThe double bulkheads, remaining at atmospheric pressure, while each tank of a multi-tank cargo\ntank is pressurized to the required test pressure, would allow each tank to be tested as single tanks\ndue to being surrounded by atmospheric pressure.\nWe are requesting 22-0028 be revisited with the above information and responded to in writing. If\nthis is not feasible, we are requesting the above question, be responded to with a new written letter\nof interpretation. The original requester, Randy Decker and I both represent DOT Training Solutions.\nMy contact information is below.\nRespectfully\nRex C. Railsback\nSafety Consultant\nMain Office: 866.296.7394\nCell: 913.568.3001\nrex@dottrainingsolutions.com\nP.O. Box 25311, Overland Park, KS, 66225\ndottrainingsolutions.com\n\n<<<PAGE 4>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nJanuary 24, 2023\nMr. Randy Decker\nSafety Consultant\nDOT Training Solutions\nP.O. Box 25311\nOverland Park, KS 66225\nReference No. 22-0028\nDear Mr. Decker:\nThis letter is in response to your March 17, 2022, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the testing and inspection\nrequirements for multi-compartment Department of Transportation (DOT) specification cargo\ntanks. In your email, you state that §§ 180.407(g)(1)(vi) and 180.407(h)(1) of the HMR require\nthat each cargo tank of a multi-tank cargo tank motor vehicle be pressure-tested and leakage-\ntested respectively, with the adjacent cargo tanks empty and at atmospheric pressure.\nFurthermore, you ask whether a void at atmospheric pressure between double bulkheads—as\ndescribed in your email—may be considered an adjacent compartment for the purposes of\npressure and leakage testing under § 180.407.\nThe answer is no. Sections 180.407(g)(1)(vi) and (h)(1) both state that “each cargo tank of a\nmulti-tank cargo tank motor vehicle must be tested with the adjacent cargo tanks empty and at\natmospheric pressure.” Under § 178.345-1(c), the HMR define a “void” as “the space between\ntank heads or bulkheads and a connecting structure.” Therefore, a “void” does not meet the\ndefinition of a cargo tank.\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","truncated":false,"body_characters":6284}