{"operation":"document","citation":"98-0582","title":"National Tank Truck Carriers, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1998-04-03","effective_on":null,"summary":"98-0582 response to National Tank Truck Carriers, Inc. concerning 180.407, 180.417.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0582.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0582.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-98-0582","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1998/980582.pdf","body":"<<<PAGE 1>>>\n\n1\nquaver\nU.S.Department\nof Transportation\nWashington, D.C.\n400 Seventh Street, S.W\n20590\nResearch and\nAdministration\nSpecial Programs\nMr. John L. Conley\nAPR 3 1998\nVice President\nNational Tank Truck Carriers, Inc.\n2200 Mill Road\nAlexandria, VA 22314-4677\nDear Mr. Conley:\nThis is in response to your request for clarification of certain requirements for cargo tank motor\nvehicles in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171 - 180). Your\nquestions are paraphrased and answered as follows:\nQ1.\nWhen a carrier has to perform a periodic test or inspection as required by § 180.407(c),\ndoes the carrier have until the last day of the month or must the next test or inspection be\nperformed based on the exact date as the previous test or inspection?\n:\nA1.\nA carrier has until the last day of the month and year in which the inspection or test is\ndue. For example, it a test or inspection report reflects that an external visual inspection\nwas performed on January 15, 1994, the carrier has until January 31, 1995, to perform the\nrequired test or inspection.\nQ2.\nSection 172.328(b) requires that each cargo tank transporting a Class 2 material must be\nmarked on each side and each end with the proper shipping name of the product being\ntransported, can the proper shipping name be displayed on the cargo tank itself or on a\nsign bracket installed on the cargo tank?\nA2.\nEither method may be used to display the proper shipping name on the cargo tank.\nQ3.\nIn the case of a bobtail tank truck, i.e. the cargo tank is mounted on a truck chassis, can\nthe marking be displayed on the cargo tank itself or on the front of the cab?\nA3.\nDisplay of the shipping name on the front bumper of the motor vehicle hauling a cargo\ntank does not satisfy the marking requirement in § 172.328(b). For gases such as\n\"Propane,\" the shipping name must be marked and displayed in lettering, no less than 50\nmm (2.0) inches), on each side and each end of the cargo tank.\n180.407\n180.417\n98 - 0582\n•\n\n<<<PAGE 2>>>\n\n1\n•\nQ4.\nIn the case of a tractor semi-trailer combination, can the marking be displayed on the\ncargo tank itself or on the front of the cab?\nA4.\nSee answer A3 above.\nI hope this information is helpful and I apologize for the delay in responding. If we can be of\nfurther assistance, please contact us.\nSincerely,\nThoms As Allan\nThomas G. Allan\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials Standards\n.....\n•\n\n<<<PAGE 3>>>\n\n• i\nAPR 3 1998\nMr. John L. Conley\nVice President\nNational Tank Truck Carriers, Inc.\n2200 Mill Road\nAlexandria, VA 22314-4677\nDear Mr. Conley:\nThis is in response to your request for clarification of certain requirements for cargo tank motor\nvehicles in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171 - 180). Your\nquestions are paraphrased and answered as follows:\nQ1.\nWhen a carrier has to perform a periodic test or inspection as required by § 180.407(c),\ndoes the carrier have until the last day of the month or must the next test or inspection be\nperformed based on the exact date as the previous test or inspection?\nA1.\nA carrier has until the last day of the month and year in which the inspection or test is\ndue. For example, if a test or inspection report reflects that an external visual inspection\nwas performed on January 15, 1994, the carrier has until January 31, 1995, to perform the\nrequired test or inspection.\nQ2.\nSection 172.328(b) requires that each cargo tank transporting a Class 2 material must be\nmarked on each side and each end with the proper shipping name of the product being\ntransported, can the proper shipping name be displayed on the cargo tank itself or on a\nsign bracket installed on the cargo tank?\nA2.\nYes, either method may be used to display the proper shipping name on the cargo tank.\nQ3.\nIn the case of a bobtail tank truck, i.e. the cargo tank is mounted on a truck chassis, can\nthe marking be displayed on the cargo tank itself or on the front of the cab?\nA3.\nDisplay of the shipping name on the front bumper of the motor vehicle hauling a cargo\ntank does not satisfy the marking requirement in § 172.328(b). For gases such as\n\"Propane,\" the shipping name must be marked and displayed in lettering, no less than 50\nmm (2.0) inches), on each side and each end of the cargo tank.\n\n<<<PAGE 4>>>\n\nair on\n•\nQ4. In the case of a tractor semi-trailer combination, can the marking be displayed on the\ncargo tank itself or on the front of the cab?\nA4.\nSee answer A3 above.\nI hope this information is helpful and I apologize for the delay in responding. If we can be of\nfurther assistance, please contact us.\nSincerely,\nOriginal signed by\nThomas G. Allan\nThomas G. Allan\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials Standards\nKarim:jk:dhm-10:64488:03/24/98\nFile:180.407(c)/180.417(b)\nRevised:ta/em:3/30/98\nSC:\n\n<<<PAGE 5>>>\n\n105\nNATIONAL TANK\nNTTC NATIONAL TANK TRUCK CARRIERS, INC.\nTRUCK CARRIERS\nTHE NATIONAL ONGANIZATION SERVING THE FOR HIRG TANK TRUCK INDUSTRY\nCLIFFORD J. HARVISON\nPRESIDENT\n2200 MILL ROAD • ALEXANDRIA. VA 22314-4677\nPHONE: 703/838-1960 • FAX: 703/684-5753\nJanuary 17, 1995\nMr. Edward Mazzullo\nOffice of Hazardous Materials Standards (DHM-10)\nResearch and Special Programs Administration\n400 7th St. SW\nwashington D.C. 20590\nDear MI. Mazzullo:\nThis\nis a follow-up request to a\nrequest for interpretation\nsubmitted by NITC On June 4, 1993. No answer has been received.\nSection 180.417 (b) (1) (iv) states that each cargo tank tested\nor reinspected\nas\nspecified in 180.407\nmust have\nwritten\nreport that includes the \"Test Date (Month and Year.) Likewise,\n180.415 requires that the cargo tank be marked with the date\n(month and year) of the inspection.\nWhile there is no requirement (of which\nwe are aware) that\ncarriers do jecord the DAY of inspection, along with the month\nrequires the carrier to record the DAY of the inspection, some\nand year.\nWe\nhave\nreceived\ncalls\nfrom carriers cited for\nviolation of 180.407 because the test or inspection\nwas not\ncompleted within one year (oI whatever interval applies) to the\nEXACT day of the inspection/test due month.\nFor example, a carrier may have performed an external visual\ninspection on January 15, 1994. It is our belief that the\ninspection, but some carriers have been told that the inspection\ncarrier has until the end of January 1995 to complete the next\nmust have been completed by January 15, 1995.\nQUESTION:\ninspection/test due\nDoes a carrier have until the last day of the\naccordance with 180.407?\nmonth to perform\na test\nOI inspection\nin\nSincerely,\nalm 2-Coule\nohn I. Confer\nVice President\nCC:\nAlan Roberts\nRon Kirkpatrick\n\n<<<PAGE 6>>>\n\n02/17/19\nNATIONAL TANK TRUCK CARRIERS\n/FROM: JOHN CONLEY\nKARIM\nRECEIVED:\nASSIGNED:\n02/26/1993\nDUE:\nSUBJECT\n180.407\nSIGNED:\n10/15/1993\nCOMMENTS:\nSUMMARY:\nCOMPLEXITY:\nH\nL\nSIGNATURE\nDRAFTS:\nRECEIVED:\nASSIGNED:\n06/10/1993\nDUE:\nSUBJECT\nNTTC WAS INFORMED\n180.417\nTIC WAS INFORMED OF THIS BY TELE\nOF THIS BY TELE\nSIGNED:\nCOMMENTS:\n10/15/1993\nSUMMARY:\nCOMPLEXITY:\nNITC WAS INFORMED OF THIS BY TELEPONE\nDRAFTS:\nSIGNATURE: NTTC WAS INFORMED OF THIS BY TELEPONE\nNTTC WAS INFORMED OF THIS BY TELEPONE\nTharras\n\n<<<PAGE 7>>>\n\n53630\nFederal Register / Vol. 58, No. 198 / Friday, October 15, 1993/ Rules and Regnlations\nmust meet the conditions specified in\n§ 180.405(b). However, if the pressure\nmaterial mooting the seted criteria may\nrelief valve is removed from the tonk\n180.407(D)(1) provides that a leakage\nbe used as the test medium. Section\n9180.415 apply from the time of the fürst\nA41. Marking requirements et\nand repaired (for exemple, replacement\nof the valve seats or springs), such\ntest may be performed on au MC 330 or\ntest under § 180.407 (c). RSPA gees no\nconditions stated, but would not object\nreason to change \"H\"' to \"p\" under the\n•V°:\n: *)\nrepair is not considered to be\nmaterial contained in the tank at the\nMC 331 cargo tank using the hazardous\nreplacemest.\nSection 180.407\ntime of tbe test. On other specification\n1f all requirements of part 180 bare been\nmet on a prior pressure test.\nQ38. Must nonspecification and\nperformed using either a bazandore or e\nrequirements appay to nonspeciicatior\nQ45. What inspection and rolest\nspecification cargo tanks meet the\nnon-bezardous material, In selecting the\nperiodic test end inspection\ntest medium, consideration should be\nmanufactured under DOT exemptions?\nvacuust-loaded cargo tanks\nrequirements specified in part 180 when\ngiven to the safoty of personnel and\nhey are used to transport hazardous\navoiding amy contamination that stay\nvacuum-loaded cargo tanks must be\nA45. As specified in the exemptions,\nmaterials not requiring use of &\nresult in an unsafe condition.\nspecification cargo tank?\nQ41. What is the periodic test and\nconformance. with the MC 307 and MC\ndesigned and constructed in full\nA38. Nonspecification cargo tanks are\nInspection schedule for an MC 312\nnot subject to the requirements in part\ncargo tank that is uninsulaled and\ncertain exceptions, and be tested and\n312 cargo task apocification, with\n180. The retest and inspection\nunlined!\nrequirements prescribed in $ 180.407\n141. Assuming the cargo tank is not\ninspected as prescribed for the\napply to any cargo tank that is\nvacuum-loaded, the periodic lost aed\ninspection frequency for MC 307 and\napplicable specification. The test and\nrepresented as a DOT specification\ninspection requírements are as folloats:\ncargo tank. This requirement is\napplicable regardless of whether the\nannually; (2) internal visual\n(1) External visual inspection—\nachedule. Section 177.824 requires all\nfrom what was previously a two-year\nMC 312 cargo tanks has been increased\nhazardous or non-hazardous materiels.\ncargo tank is used to transport\ninspection-every 5 years; (3) lining\nspecification cargo tank motor rehicles\ncargo tank is used exclusively in\nHowever, when a DOT specification\ntest-annually; (5) pressure test-every\nInspection-not required; (4) leakage\nto be tested and inspected as prescribed\nhazardous material service for which &\nrequired, except that if the cargo tank is\n5 years; and (6) thickness test—not\nin 49 CFR pert 180. The vacuum-loeded\nexomptions are subject to the test and\nwaste cargo tanks authorized under\nnonspecification cargo tank is\nauthorized, the specification plate on\ncorrosive to the tank material, the tani\nised to transport matena that t\nInspection schedule contained in\nTwo-year schedule. Some exemptions\n3180.407(c), in place of the previous\nobliterated or securely covered, es\nthe cargo tank may be removed,\nmust be taickness tested every 2 years.\nQ42. Ila carrier performed an external\nrequirements in part 180. RSPA bas\nhave beea updated to reference\nprovided by § 180.405 (i). If the plate is\ncovered, the covering must be capable of\nvisual Inspection on a cargo tank on\nremaining in place during transit. When\nNovember 1, 1990, is the next (annual)\ntaken action to inform all exemption\n& cargo tank is represented as not\nvisual inspection required by Septembe\nmeeting the specification by covering\n1, 1991, or by November 1, 19911\nholders of the applicable requirements.\n(See also requirements of S 180.405(f).)\nthe plate, before the cargo tank can be\n$ 180.407(c) lists 2 Important time\nA42. The Table of Compliance at\nSection 180.407 (c) and (f)\nrepresented again as a DOT\nfor cargo tanks in crude oil or lube all\nQ46. Is a lining Inspection required\nspecification plate, it must meet all\nspecification by uncovering the tank\nmust be completed, and\n(a) The date by which the first test\ncoating?\nservice that have a painted-on internal\napplicable requirements in part 180.\nQ39. How are test and inspection\nthe first test.\n(b) The interval period for retest after\nwhich are not classed as corrosives,\n146. Certain hazardous materials\nMC 330 or MC 331 insulated cargo tank\nrequirements in § 180.407 applied to an\ndate, the next test must be done prior to\nIf a test was done before the first test\nincluding some crude oils and lube oils,\nthat is not equipped with a manhole?\nA39.An insulated MC 330 or MC 331\nthe interval date.\nsubject to thickness testing under\nmay be corrosive to the tank; thus,\ncargo tank with no manhole is subject\nvisual inspection performed on\nIn the example cited, an external\nladings such as crude oil and liquefied\n§ 180.407 (C) and (i). The corrosivity of\ntests, as specified in § 180.407(c).\nto the pressure, leakage, and thickness\nNovember 1, 1990 must be repeeted\nInternal alu external visual inspections\nbefore November 1, 1991 funloes the\ngeographical areas. For example,\npetroleum gas varies greatly in different\nare not required on an insulated cargo\na full opening rear head). In short, the\ncargo tank is loaded by vacuum and has\n• exposure time and temperature are\ntank with no manhole; therefore, the\ntank would not be marked with an \"I\"\ninterval period prevails. If the\nmajor variables; indeed, many factors\nor \"V\" (see § 180.407(d)(1)). However,\ninspection was done on August 1, 1990,\nmust be considered and evalusted\nas part of the required pressure test,\nit must be repeated befose September 1,\nlocally. If a coating is applied to protec\nvisual inspection of other applicable\n199168 a first test, and enmally\nthen the cargo tank is subject to the\nhe cargo tank shell from the lading.\ncomponents prescribed in\nthereaiter\n§ 180.407(d)(2)(ii)-(bx) is required.\nretest was performed on en MC 931\n213. Wa required 5-year pressure\nlining test. However, if it is applied to\nis not required. The determination ol\nprotect product purity, then a lining tes!\nor a non-hazardous material be used in\nQ40. Can either a hazardous material\ncargo tank on November 1, 1889, is the\nperforming a hydrostatic test or n\nnext retest required before November 1,\n\"corrosive to the tank/valve\" is the\nwhether operating conditions are\nleakage test on a cargo tanki\n1994, or September 1, 19917\n140. Section 180.407(g) (1)(viii) allows\nA43. The next pressure tost is due no\nand a Registered Inspector.\nresponsibility of the cargo tank owner\na hydrostatic test to be performed using\nlater than November 30, 1994.\nwater, or other liquid having a similar\nQ41. If a cargo tank was markod \"t'\"\nthickness tested if it is used to transport\nQ47. Is a cargo tank required to be\nviscosity, at a temperature not\nin the past for a hydrostatic tost, can it\nexcoeding 100°F. Therefore, a hazardous\nthe same date?\nbe remarked \"\" for pressure test with\nClass 8 (corrosive) material, even if that\nThe table at § 180.407(c) states that all\nmaterial is not corrosive to the tank?\n\n<<<PAGE 8>>>\n\nNATIONAL TANK\nNTTC\nNATIONAL TANK TRUCK CARRIERS, INC.\nTRUCK CARRIERS\nTHE NATIONAL ORGANIZATION SERVING THE FOR•HIRE TANK TRUCK\nINDUSTRY\nCLIFFORO J. HARVISON\nPRESIDENT\n200 MILL ROAD • ALEXANDRIA, VA 22314-467\nPHONE: 703/838-1960 • FAX: 703/684-575:\nJune 12, 1997\nMr. Ed Mazzullo\nOffice of Hazardous Materials Standards\nResearch and Special Programs Administration\nWashington DC 20590\n400 7th St. S.W.\nDear Mir. Mazzullo:\n• National Tank Truck Carriers would appreciate an interpretation for the following situations:\n1.\nOur interpretation is that the proper shipping name could be displayed on the cargo vessel itself\nOR on a sign bracket installed on the cargo vessel (trailer or bobtail).\n2.\nchassis) the marking could be displayed on front of the chassis cab and the vehicle would be\nOur interpretation is that in the case of a bobtail delivery truck (cargo tank mounted on trucks\nin compliance.\n3.\ndisplayed either on the front of the cargo tank OR on the front of the tractor and the vehicle\nOur interpretation is that in'the case of a tractor-semi-trailer combination, the marking could be\nPlease advise if our interpretations are correct.\nThank you for your consideration.\nSincerely,\nJohn I Conly\nJohn L. Conley\nVice President\n•","truncated":false,"body_characters":15735}