Interpretation Response #20-0013
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
May 26, 2020
Mr. Rex Railsback
Railsback Hazmat Safety Professionals LLC
312 Lawrence Avenue
Lawrence, KS 66049-2004
Reference No. 20-0013
Dear Mr. Railsback:
This letter is in response to your February 6, 2020, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the internal visual inspection of painted cargo tanks. Specifically, you ask:
Q1: Does PHMSA's response to question 2, in a previous Letter of Interpretation, dated August 4, 2016, under Reference No. 16-0049, require all painted cargo tanks to have an internal visual inspection in place of the required external visual inspection?
A1: The answer is no. PHMSA's response to question 2 does not require all painted cargo tanks to have internal visual inspections. In the previous letter of interpretation, PHMSA explained that if the paint or coating precludes the proper external visual inspection of the cargo tank as described in § 180.407(d)(1) then an internal visual inspection of those areas affected by the paint or coating would be required.
Q2: If the intention is to require internal visual inspections for all painted cargo tanks, then does the regulatory requirement to paint certain cargo tanks, such as in §§ 173.315(a)(2), note 17 and 178.337 l(d), automatically negate the 5-year and 10-year timelines per § 180.407, for uninsulated or unwrapped cargo tanks?
A2: The answer is no. As stated in A1 above, not all painted cargo tanks are required to be inspected internally in lieu of their required external visual inspections. Therefore, paint does not automatically negate the test and inspection schedule specified in § 180.407(c).
I hope this information is helpful. Please contact us if we can be of further assistance.
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
173.315(a)(2), 178.337 l(d), 180.407, 180.407(c), 180.407(d)(1),
|§ 180.407||Requirements for test and inspection of specification cargo tanks|