Specialized Transport Repair — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department JAN - 9 2001 Washington, D.C. Special Programs Research and Administration Mr. John P. McGavis Ref. No. 00-0189 100 Commerce Drive Specialized Transport Repair Buffalo, NY 14218 Dear Mr. McGavis: This responds to your letter requesting clarification of the modification, repair, and certification requirements of MC 307 and DOT 407 cargo tank motor vehicles under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, manway covers would be considered a repair, rather than a you inquire whether the installation of larger nozzles into modification and, therefore, would not require certification by a Design Certifying Engineer. You state that the 1998 National of a repair as "the installation of new nozzles or openings of Board Inspection Code, in Appendix 6 (b) (9), describes one example such a size that reinforcement is not a consideration." The installation of new nozzles in a manhole cover that differ in size or design from the originally installed nozzles would be considered a design change and categorized as a modification, not a repair under the HMR. A design type change requires approval and certification by a Design Certifying Engineer as specified in $ 180.413 of the HMR. HI. Re deraned any As defined in § 180.403, a "modification" means cargo tank or cargo tank motor vehicle that affects its any change to the original design and construction of a structural integrity or lading retention capability. Excluded are the replacement of components of similar design and of the same size. I trust this satisfies your inquiry. Please contact us if we can be of further assistance. • Sincerely, Hotte z michele Hattie I. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 180.403 000189#

Page 2• GOT 100 Commerce Drive Buffalo, NY 14218 SPECIALIZED TRANSPORT Phone (716) 827-8265 REPAIR Inc. Fax (716) 827-7231 Stevens June 27, 2000 Federal Motor Carrier Safety Administration Ref. No. 00-0157 5180.403 Research and Special Programs Administration Hazardous Materials Division 00-0189 4007° St. SW Washington, DC 20590 Mr. Daniel Shelton, This letter is a continuation of our dialogue regarding the addition of nozzles into the mace yater 620-0, 5307 athl this would ge considered am recenton an a such would nanufacturer's certificate. t construction, repair, and alteration of these tanks would follow ASME and National Board standards. The National Board Code clearly states in Appendix 6[B]|?] as an example of a repair (as opposed to alterations): "installation of new nozzles or openings of such a size that reinforcement is not a consideration (for example, the installation of a 3 NPS nozzle to a shell or head of 3/8 inch or less in thickness or the addition of a 2 NPS nozzle to a shell or head of any thickness)." (Per ASME UG-36[c][3] [a] this nozzle does not require reinforcement.) The example National Board chose is exactly the same as the installation we have been be called for. Also the associated documents would not be required liscussing. If in fact this is a "repair", the role of the Design Certifying Engineer would not 1. Can installation of 3" nozzles be treated as a "repair", considering that this is a specifc Our questions are: 2. I so, cola Design raging Beiner services and related documentation become Thank you, Tohn P. McGavis Enc: National Board Appendix 6 [B][9]#