Mississippi Tank Company — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, D.C. 20590 400 Seventh Street, S.W. Hazardous Materials Safety Pipeline and Administration MAR 18 2005 Mr. Mike Pitts Vice President/Sales Ref. No. 04-0206 P.O. Drawer 1391 Mississippi Tank Company Hattiesburg, MS 39403-1391 Dear Mr. Pitts: This responds to your letter to Mr. Danny Shelton, Federal Motor Carrier Safety Administration, concerning requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the marking of MC 331 cargo tanks marked or certified after October 1, 2004. Specifically, you ask if the requirements concerning metal name plates and specification plates apply to the cargo tank or to the cargo tank motor vehicle (CTMV). I apologize for the delay in responding and any inconvenience it may have caused. In accordance with § 178.337-17, an MC331 cargo tank certified after October 1, 2004, must have a metal name plate (also referred to as an ASME plate) permanently attached to the cargo tank. In addition, an MC331 cargo tank motor vehicle certified after October 1, 2004, must have a specification plate that includes the information specified in § 178.337-17(c). You are correct that, as currently written, § 178.337-17 is not clear as to these requirements. We will clarify the name plate and specification plate requirements in a future rulemaking. You also asked if the HMR require the cargo tank assembler's CT number to be included on the specification plate. Currently, the CT number is not required to be shown on the specification plate. I hope this satisfies your inquiry. If you have further questions, please do not hesitate to contact this office. Sincerely, Chief, Standard Development Office of Hazardous Materials Standards 178.337-17 040206#

Page 2From: Mike Pitts [mailto:mpitts@mstank.com] Webb To: Shelton, Danny Sent: Wednesday, September 08, 2004 7:28 PM 8178.337-17 Subject: 49 CFR part 178.337-17 Marking September 8, 2004 04-0206 Danny Shelton FMCSA/DOT Hello Danny, appreciate it if you could help with an interpretation of the new To confirm what I talked to you about this afternoon, I would after October 1, 2004. requirements of part 178.337-17 of the 49 CFR that become mandatory (a) where you refer to the marking requirements of a "cargo tank". The specific issue is the wording in paragraph Since you refer to the reguirements pertaining to both the nameplate and the specification plate, it would appear that the intent is that the term cargo tank is in fact referring to the CTMV, as the point, it has been requirement for a specification plate is only for a CTMV. Up to this fact that some tank manufacturers are still shipping tanks my opinion that you were referring to the CTMV but with nameplates are interpreting that do not comply with the new requirements, I assume with this interpretation because most of the that the term cargo tank means only the tank. tanks that have been shipped in since the beginning of this month will be completed after: October 1, meaning that the new requirements of part assembler would have 178.337-17 would be mandatory as concerns the actual marking but the Whereas I don't expect this to be a problem with tanks built by my that already had the "old type" name plate. that have the old type name plate on them. company, I see a potential for many problems with tanks built by others If RSPA the deadline using old style name plates, but with CTMV certification advises that CTMV 's with tanks built and date stamped prior to dates after the deadline, will comply with the new regulations, then 1, 2004 must have name plates that comply with the new requirements, there will be no problem. However, if CTMV's certified after October don't comply with the new regulations. I trust I have stated my then we need to know this before we get a lot of CTMV's in use that concern clearly enough.#

Page 3originally an intention to One final question is about the specification plate. specification plate? It would seem that if you wanted the CT number have the assembler's CT number shown on the shown on all paperwork, it would have been appropriate to put it on the specification plate as well. could record the number during routine inspections and use it as a tool If it was shown, an enforcement officer to determine if the person who performed the assembly and attached the required of specification plate was registered with DOT to perform all that is also signal them for such activity. The absence of a CT number would cargo tank of the assembly. a possible violation as pertains to the mounting of the What are your thoughts on this? that you stayed with me until after 5:15 PM. I appreciate your time on the phone today, especially the considering some type of early response to this email and an official I would also appreciate "stirred the pot" on this but feel I need to start talking so some interpretation from RSPA as soon as possible. At this point I have not people about this the first of next week. want to. of this week but you are welcome to call me on my cell phone if you Best regards, Vice President/Sales Mike Pitts Mississippi Tank Company Hattiesburg, MS 39403-1391 P.O. Drawer 1391 601-264-0769 Office 601-264-1800 Ext. 233, Cell 601-297-2323 EMAIL: mpitts@mstank.com <mailto:mpitts@mstank.com> Website: www.mstank.com#