Q1. Do the criteria for dents under § 180.411 apply to the jacket of an insulated cargo tank?

A1. No, the acceptable results of tests and inspections found in §180.411 do not apply to the jacket of an insulated cargo tank. However, damage to the jacket may indicate that there is damage to the cargo tank, and additional inspection should occur.

Q2. If the insulated cargo tank’s jacket is not weather tight because of a tear, gouge, or dent in the jacket, is it still acceptable to load the cargo tank?

A2. The answer is no. As stated in § 180.407(b), a cargo tank must be tested and inspected prior to further use if there is evidence of an unsafe condition, specifically, if it shows evidence of dents, cuts, gouges, corroded or abraded areas, leakage, or any other condition that might render it unsafe for hazardous materials service. We consider a tear, gouge, or dent in the insulating jacket as evidence of a condition that might render it unsafe for hazardous materials service. Thus, a cargo tank fitted with an insulating jacket that has evidence of a tear, gouge, or dent must be tested and inspected prior to further use.

Furthermore, the jacket of an insulated cargo tank must satisfy the thermal insulation requirements of the DOT specification. Damage to the jacket may indicate that the jacket is no longer satisfactorily performing this function and must be restored to its intended condition according to its specification.

Q3. Prior to loading, who is responsible for inspecting the cargo tank for dents and to ensure the package is acceptable; the loading facility or the carrier?

A3. Section 171.2 (i) states that no person may certify that a hazardous material is offered for transportation in commerce in accordance with the requirements of the HMR unless the hazardous material is properly classed, described, packaged, marked, labeled, and in condition for shipment as required or authorized by applicable requirements of this subchapter or an exemption or special permit, approval, or registration issued under this subchapter or subchapter A of this chapter. The qualification and maintenance requirements for a DOT specification cargo tank are applicable to any person responsible for the continuing qualification, maintenance or periodic testing of a cargo tank. Each person who offers a package containing a hazardous material for transportation in commerce in accordance with the HMR must assure that the package remains in condition for shipment until it is in the possession of the carrier.