September 29, 2017

 

 

Vince Phillips

Maintenance Supervisor

Hazmat Environmental Group

60 Commerce Drive

Buffalo, NY  14218-1040

 

Reference No. 17-0058

 

Dear Mr. Phillips:

 

This letter is in response to your June 1, 2017, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to inspection requirements for the areas on a cargo tank covered by the upper coupler (fifth wheel).  You describe a lined cargo tank transporting lading that is corrosive to the tank but—due to the lining—does not come in direct contact with the tank itself.  You ask whether the areas covered by the upper coupler (fifth wheel) must be tested every two years in accordance with § 180.407(d)(2)(ix), even though the tank is lined.

 

The answer is yes.  Section 180.407(d)(2)(ix) requires that when transporting lading corrosive to the tank, areas on a cargo tank covered by the upper coupler (fifth wheel) must be inspected once every two years for corroded and abraded areas, dents, distortions, defects in welds, and any other condition that might render the tank unsafe for transportation service.  The lading you describe is corrosive.  Therefore, even though the lading does not physically come in contact with the tank, the HMR require that the inspection be completed every two years.

 

I hope this information is helpful.  Please contact us if we can be of further assistance.

 

Sincerely,

 

 

 

Dirk Der Kinderen

Chief, Standards Development

Standards and Rulemaking Division

 

180.407(d)(2)(ix)