{"operation":"document","citation":"04-0206","title":"Mississippi Tank Company — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2005-03-18","effective_on":null,"summary":"04-0206 response to Mississippi Tank Company concerning 178.337.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0206.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0206.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0206","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040206.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nHazardous Materials Safety\nPipeline and\nAdministration\nMAR 18 2005\nMr. Mike Pitts\nVice President/Sales\nRef. No. 04-0206\nP.O. Drawer 1391\nMississippi Tank Company\nHattiesburg, MS 39403-1391\nDear Mr. Pitts:\nThis responds to your letter to Mr. Danny Shelton, Federal Motor Carrier Safety Administration,\nconcerning requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180)\napplicable to the marking of MC 331 cargo tanks marked or certified after October 1, 2004.\nSpecifically, you ask if the requirements concerning metal name plates and specification plates\napply to the cargo tank or to the cargo tank motor vehicle (CTMV). I apologize for the delay in\nresponding and any inconvenience it may have caused.\nIn accordance with § 178.337-17, an MC331 cargo tank certified after October 1, 2004, must\nhave a metal name plate (also referred to as an ASME plate) permanently attached to the cargo\ntank. In addition, an MC331 cargo tank motor vehicle certified after October 1, 2004, must have\na specification plate that includes the information specified in § 178.337-17(c). You are correct\nthat, as currently written, § 178.337-17 is not clear as to these requirements. We will clarify the\nname plate and specification plate requirements in a future rulemaking.\nYou also asked if the HMR require the cargo tank assembler's CT number to be included on the\nspecification plate. Currently, the CT number is not required to be shown on the specification\nplate.\nI hope this satisfies your inquiry. If you have further questions, please do not hesitate to contact\nthis office.\nSincerely,\nChief, Standard Development\nOffice of Hazardous Materials Standards\n178.337-17\n040206\n\n<<>>\n\nFrom: Mike Pitts [mailto:mpitts@mstank.com]\nWebb\nTo: Shelton, Danny\nSent: Wednesday, September 08, 2004 7:28 PM\n8178.337-17\nSubject: 49 CFR part 178.337-17\nMarking\nSeptember\n8,\n2004\n04-0206\nDanny Shelton\nFMCSA/DOT\nHello Danny,\nappreciate it if you could help with an interpretation of the new\nTo confirm what I talked to you about this afternoon, I would\nafter October 1, 2004.\nrequirements of part 178.337-17 of the 49 CFR that become mandatory\n(a) where you refer to the marking requirements of a \"cargo tank\".\nThe specific issue is the\nwording in paragraph\nSince you refer to the reguirements pertaining to both the nameplate\nand the specification plate, it would appear that the intent is that\nthe term cargo tank is in fact referring to the CTMV, as the\npoint, it has been\nrequirement for a specification plate is only for a CTMV. Up to this\nfact that some tank manufacturers are still shipping tanks\nmy opinion that you were referring to the CTMV but\nwith nameplates\nare interpreting\nthat do not comply with the new requirements, I assume\nwith this interpretation because most of the\nthat the term cargo tank means only the tank.\ntanks that have been shipped in since the beginning of this month will\nbe completed after: October 1, meaning that the new requirements of part\nassembler would have\n178.337-17 would be mandatory as concerns the actual marking but the\nWhereas I don't expect this to be a problem with tanks built by my\nthat already had the \"old type\" name plate.\nthat have the old type name plate on them.\ncompany, I see a potential for many problems with tanks built by others\nIf RSPA\nthe deadline using old style name plates, but with CTMV certification\nadvises that CTMV 's with tanks built and date stamped prior to\ndates after the deadline, will comply with the new regulations, then\n1, 2004 must have name plates that comply with the new requirements,\nthere will be no problem.\nHowever, if CTMV's certified after October\ndon't comply with the new regulations. I trust I have stated my\nthen we need to know this before we get a lot of CTMV's in use that\nconcern clearly enough.\n\n<<>>\n\noriginally an intention to\nOne final question is about the specification plate.\nspecification plate?\nIt would seem that if you wanted the CT number\nhave the assembler's CT number shown on the\nshown on all paperwork, it would have been appropriate to put it on the\nspecification plate as well.\ncould record the number during routine inspections and use it as a tool\nIf it was shown,\nan enforcement officer\nto determine if the person who performed the assembly and attached the\nrequired of\nspecification plate was registered with DOT to perform all that is\nalso signal\nthem for such activity. The absence of a CT number would\ncargo tank of the assembly.\na possible violation as pertains to the mounting of the\nWhat are your thoughts on this?\nthat you stayed with me until after 5:15 PM.\nI appreciate your time on the phone today, especially the considering\nsome type of early response to this email and an official\nI would also appreciate\n\"stirred the pot\" on this but feel I need to start talking so some\ninterpretation from RSPA as soon as possible. At this point I have not\npeople about this the first of next week.\nwant to.\nof this week but you are welcome to call me on my cell phone if you\nBest regards,\nVice President/Sales\nMike Pitts\nMississippi Tank Company\nHattiesburg, MS 39403-1391\nP.O. Drawer 1391\n601-264-0769\nOffice 601-264-1800 Ext. 233, Cell 601-297-2323\nEMAIL: mpitts@mstank.com \nWebsite:\nwww.mstank.com","truncated":false,"body_characters":5357}