Interpretation Response #07-0032 ([Safety Division, Railroad Commission of Texas] [Mr. James. T. Osterhaus])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 04/23/2007

Company Name: Safety Division, Railroad Commission of Texas

Individual Name: Mr. James. T. Osterhaus

Location State: DC Country: US

View the Interpretation Document

Response text:

Apr 23, 2007

Mr. James. T. Osterhaus                     
Reference No. 07-0032
LPG Program Manager
Safety Division, Railroad
Commission of Texas
1701 North Congress
P. 0. Box 12967
Austin, Texas 78711

Dear Mr. Osterhaus:

This is in response to your recent e-mail and telephone conversation with a member of my staff concerning a MC 331 bobtail cargo tank owned by Henderson Butane of 401 North Highway 156, P.O. Box 5, Justin, TX 76247, that contained "UN 1075, Petroleum gases, liquified, 2.1 (flammable gas)" and was involved in a rollover accident in Texas on January 17, 2007.

You state the cargo tank was not equipped with an emergency discharge control equipment as required under § 173.315(n) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and asked if it should be in service. You supplied a copy of the cargo tank test and inspection report prepared by Ricky Taylor of D.L. Morrison Welding and Construction Company, 217 Morrison Hill Lane, Gainesville, TX 76240-1619. CT Identification No. 2990, that states the cargo tank was inspected and certified as meeting requirements for service on July 22, 2004. You also asked if a penalty will be assessed against the inspector.

The Federal Motor Carrier Safety Administration (FMCSA) is responsible for ensuring the compliance of "cargo tank facilities," which includes cargo tank manufacturers, owners, and inspectors, as well as enforcement matters concerning these devices and individuals under FMCSA regulations and the HMR. Therefore, we are forwarding your
letter for response to Mr. James 0. Simmons, Chief. Hazardous Materials Division, Office of Enforcement and Compliance, Federal Motor Carrier Safety Administration. U.S. Department of Transportation, Room 2328. 400 7 Street, SW., Washington. DC, 20590, (202) 493-0496.

I hope this satisfies your request.

Sincerely,

Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards

173.315(n)

Regulation Sections