{"operation":"document","citation":"04-0124","title":"WRD — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-06-30","effective_on":null,"summary":"04-0124 response to WRD concerning 178.337.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0124.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0124.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0124","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040124.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWashington, D.C. 20590\n400 Seventh St., S.W.\nSpecial Programs\nResearch and\nAdministration\nJUN 3 0 2004\nMr. David Fulbright\nRef No.: 04-0124\nWRD\n720 Ramsey\nBatesville, Arkansas 72501\nDear Mr. Fulbright:\nThis is in response to your letter concerning requirements in the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) for specification MC 331 cargo tank motor\nvehicles.\nRequirements for the design, construction, and installation of attachments and\nappurtenances for MC 331 cargo tanks are set forth in § 178.337-3(g). These\nrequirements became effective September 1, 1995. Retrofits of cargo tanks\nmanufactured prior to September 1, 1995, were not required. For MC 331 cargo tanks\nmanufactured after September 1, 1995, § 178.337-3(g) requires an attachment,\nappurtenance, structural support member, or accident protection device to conform to the\nfollowing requirements:\n1. Appurtenances and other accessories must be attached to a structural members,\nthe suspension sub-frame, accident protection structures, and external\ncircumferential reinforcement devices, when practicable.\n2. A lightweight attachment to the cargo tank wall such as a conduit clip, brake\nline clip, skirting structure, lampmounting bracket, or placard holder must be of a\nconstruction having lesser strength than the cargo tank wall materials and may not\nbe more than 72 percent of the thickness of the material to which it is attached.\nThe lightweight attachment may be secured directly to the cargo tank wall if the\ndevice is designed and installed so that, if damaged, it will not affect the lading\nretention integrity of the tank. A lightweight attachment must be secured to the\nthat may become sites for corrosion. Attachments meeting the requirements of\ncargo tank shell or head by a continuous weld to preclude formation of pockets\nthis paragraph are not authorized for cargo tanks constructed under part\nUHT in Section VIII Division 1 of the ASME Code.\n3. Except as indicated above the welding of any appurtenance to the cargo tank wall\nlust be made by attachment of a mounting pad so that there will be no advers\n'fect upon the lading retention integrity of the cargo tank if any force less tha\nthat prescribed in § 178.337-3(b)(1) is applied from any direction. The thickness\nof the mounting pad may not be less than that of the shell wall or head wall to\n178.337-3\n040124\n\n<<<PAGE 2>>>\n\nwhich it is attached, and not more than 1.5 times the shell or head thickness.\nHowever, a pad with a minimum thickness of 0.25 inch may be used when the\nshell or head thickness is over 0.25 inch. If weep holes or tell-tale holes are used,\nthe pad must be drilled or punched at the lowest point before it is welded to the\ntank.\nAn MC 331 cargo tank manufactured after September 1, 1995, that does not conform to\nthese requirements must be removed from service until appropriate repairs or\nmodifications are made.\nFor MC 331 cargo tanks manufactured prior to September 1, 1995, appurtenances and\naccessories must be attached to the tank in accordance with the specification in effect at\nspecification in effect at the time it was manufactured must be removed from service\nthe time of manufacture. An MC 331 cargo tank that does not conform to the\nuntil appropriate repairs or modifications are made.\nFurthermore, there are no provisions in the HMR for a non-conforming MC 331 cargo\ntank to remain in service until the next pressure test or re-chassis is done, regardless of its\ndate of manufacture.\nIn order for a facility to perform repairs on MC 331 cargo tanks requiring welding to the\ncargo tank shell it must hold a valid National Board Certificate of Authorization for use\nof the \"R\" stamp and be registered in accordance with 49 CFR Part 107. Any repair\ninvolving welding on the shell or head must be certified by a Registered Inspector.\nAdditionally, if a repair results in a design change, the design must be approved by a\nDesign Certifying Engineer, and a Registered Inspector must certify that the cargo tank\nhas been repaired and tested in accordance with the applicable specification.\nSection 180.413 specifies that repair work on an MC 331 cargo tank must be performed\nin accordance with the National Board Inspection Code (NBIC) and the Compressed Gas\nAssociation's Technical Bulletin, TB-2. Since MC 331 cargo tanks are American\nSociety of Mechanical Engineers (ASME) coded vessels, the Research and Special\nPrograms Administration requires full compliance with the ASME Code, including its\nprovisions for inspections and inspectors. The suitability of any repair affecting the\nstructural integrity of the cargo tank must be determined by the testing prescribed in the\napplicable specification. See § 180.413.\nI hope this information is helpful. Please contact us if you require additional assistance\nSincerely,\nChief, Regulations Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nKevertord\n51743313\nINFOCNTR\nCargo Tanks\nFrom:\nSent:\ndflpg@aol.com\nlonday, May 10, 2004 3:19 Pl\n04-0124\nSubject:\nInformation Center Comments/Questions\ndavid fulbright (dflpg@aol.com)\nBelow is the result of your feedback form.\non Monday,\nIt was submitted by\n10, 2004\nat 15:19:21.\nEmail:\ndflpg@aol.com\nName:\ndavid fulbright\nCategory:\nSpecifications for Packagings (Sections 178 1m= 178.819)\nOrganization:\nwid\nStreet: 720 ramsey\nCity:\nState:\nArkansas:\nZip Code:\n125014\nPhone:\n870-793-2374\nComments: Ref: MC-331 (CFR 49 178.337-3 g (1) ) Appurtenance to Cargo Tank\nWe have been\ntest and re-chassis if they exceed 728 of the material to which they are attached. Here\ntold to remove the rain guard or rain shield on cargo tanks when we do V & P\nappurtenance that are attached to the cargo tank head or shell we believe that there are\nwhile we don't have a problem removing the rain shield or other\nprior to 1989 CFR 49 edition, thousands of cargo tanks were built back before 1989. This\nshops and owners that are not up to this type removal. Appurtenance was not addressed\nregulation.\nshould mean that tanks built before 1987 would be exempt from complying with this\nguards that don't meet the 72% rule. These tanks do not meet the rule but are out there\nTanks are still being manufactured today that are using clips, rain shields,\nand in hazmat service.\nAfter the cargo tank is red tagged the owner will need to bring into compliance before\nMy heart burn lies in that you are training your field people to red tag these units.\nreturning to service. My fear is that these shields, clips or other appurtenances will be\nfar more dangerous problem than the thickness of the metal attached to the cargo tank\nremoved by a shop, tester or owner that is not qualified to do this type work creating a\nwall. If this is a problem and needs correction then making the correction at the five\nand remove the appurtenar.ce at a V & K annual test. Having someone to cut or grind on an\nyear pressure test or tar.k re-chassis is a much better solution than having someone to try\nremedy to the problem.\nappurtenance attached to a cargo tank wall that may still contain lading is not the safest\nbuilt 1989 and after should they be\nve would like a formal interruption pf chis jule as to tanks built before 1989. For tanks\nis remedy or wait until first pressure est or re-chassis is done. The 72% rule could be\nimmediately remove from service until the infractior\nnoted on the V, K & P report to be complied with at the next pressure test or re-chassis.\nreached at:\nAfter you have reviewed this information, please call if you have any questions, I can be\nPhone: 870-793-6763\nFax: 870-793-8230\ne-mail: dflpg@aol.com","truncated":false,"body_characters":7629}