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Interpretation Response #08-0043 ([Texas Railroad Commission] [Mr. James Osterhaus])

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

Interpretation Response Details

Response Publish Date:

Company Name: Texas Railroad Commission

Individual Name: Mr. James Osterhaus

Location State: TX Country: US

View the Interpretation Document

Response text:

April 29, 2008

Mr. James Osterhaus

Deputy Director, Safety Division

Texas Railroad Commission

1701 N. Congress

Austin, TX 78711

Ref. No.: 08-0043

Dear Mr. Osterhaus:

This is in response to your February 19, 2008 e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to cargo tanks intended for use in liquefied petroleum gas service. Your scenario involves inspection and marking of MC330 and MC331 cargo tanks manufactured within the last five years. Your questions are paraphrased and answered below.

Q1: Is a newly manufactured MC330 or MC331 cargo tank required to be marked with a "P" as specified in § 180.415 to indicate that the cargo tank has been subjected to a pressure test?

A1: No. Section 180.415 specifies the marking requirements for a cargo tank successfully completing the periodic test and inspection requirements in § 180.407. The HMR do not require a new cargo tank, including MC 331, that is not due for its first requalification inspection or test as specified in § 180.407 to be marked in accordance with § 180.415. Please note that, although authorized for continued use, MC 330 cargo tanks are no longer authorized for manufacture. See § 180.405(c).

Q2: Is a newly manufactured MC 331 cargo tank required to be marked with an "I" as specified in § 180.415 to indicate that the cargo tank has been subjected to an internal visual inspection?

A2: No. See A1.

Q3: Must a person who conducts the 5 year internal visual inspection for MC 330 and MC 331 cargo tanks with manholes physically climb inside the cargo tank to perform the inspection?

A3: No. The HMR do not require a person who conducts internal visual inspections in accordance with § 180.407(e) to physically climb into the cargo tank. It is this Office's opinion that nothing required by § 180.407(e) would prohibit the use of a video camera to perform a cargo tank visual inspection provided all internal areas of the cargo tank can be viewed in a manner which provides details equivalent to that which would be expected if viewed directly by a person inside the tank. Therefore, except for tank liners which must be inspected in accordance with § 180.407(f), a video camera may be utilized to perform the internal visual inspection of a cargo tank as required by § 180.407(e).

I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.



Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

180.405 180.407

Regulation Sections

Section Subject
180.405 Qualification of cargo tanks
180.407 Requirements for test and inspection of specification cargo tanks