{"operation":"document","citation":"14-0010","title":"Mr. David Ford — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-03-19","effective_on":null,"summary":"14-0010 concerning 178.320, 180.403, 180.413, 180.417.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0010.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0010.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0010","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2014/140010.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMAR 1 9 2014\nMr. David Ford\n200 Hardy Ivy Way\nHolly Spring, NC 27540\nReference No. 14-0010\nDear Mr. Ford:\nThis is in response to your December 5, 2013 letter, and March 4, 2014 telephone\nconversation with a member of my staff requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to the mounting of an existing\nDepartment of Transportation (DOT) specification cargo tank on a new or used motor\nvehicle chassis. Specifically, you ask several questions concerning the type of certification,\nregistration, and/or documentation needed to perform this activity.\nYou state those performing the installation may not be cargo tank manufacturers or cargo\ntank motor vehicle manufacturers. You also state those performing this installation may\neither: (1) do so at the request of a customer who owns the cargo tank, or (2) purchase a\nused cargo tank and vehicle chassis and assemble it to sell to the general public. Further, you\nstate the cargo tanks you observed undergoing this procedure are bolted, and not welded, to\ntheir new chassis. We have paraphrased your questions, and answered them in the order you\nprovided.\nQ1. Is a person, as this term is defined in§ 171.8, who mounts an existing DOT\nspecification cargo tank on a motor vehicle chassis required to issue a certificate of\ncompliance and/or apply a specification plate to the newly mounted cargo tank motor\nvehicle?\nAI. The answer is no provided the mounting of a cargo tank on a cargo tank motor\nvehicle chassis is performed: 1) with no structural change (i.e., \"modification\" as\ndefined in§ 180.403) to the cargo tank, 2) in conformance with the cargo tank's\noriginal specification for attachment to the chassis or the specification for attachment\nto the chassis in effect at the time of the mounting, and 3) under the supervision of an\ninspector registered with the DOT in conformance with § 107 .502(b) (see\n§ 180.413(e)(2)). If the mounting involves modifications such as welding on the\ncargo tank head or shell, or a change or modification of the tank's method of\nattachment to the chassis,§ 180.413(e)(l) requires the person mounting a cargo tank\non a motor vehicle chassis to perform this task in conformance with§ 180.413(d)(2),\nwhich include modifications to the cargo tank's specification plate, and that this task\nbe certified through the issuance of a certificate by a Design Certifying Engineer\n(DCE).\n\n<<<PAGE 2>>>\n\nQ2. A2. Q3. A3. Does the person who mounts an existing DOT specification cargo tank on a motor\nvehicle chassis meet the definition of a \"cargo tank motor vehicle manufacturer,\" and\nmust he or she be registered as such?\nA person who mounts a DOT specification cargo tank on a motor vehicle or to a\nmotor vehicle suspension component without making changes to the cargo tank's\nstructure or design, such as through bolting in a manner that does not affect a cargo\ntank's structure or design, is not a cargo tank manufacturer as this term is defined in\n§ 178.320(a). This person is performing a cargo tank \"assembly,\" and must register\nto perform this type of activity as an assembler in conformance with 49 CFR Part\n107, Subpart F, entitled \"Registration of Cargo Tank and Cargo Tank Motor Vehicle\nManufacturers, Assemblers, Repairers, Inspectors, Testers, and Design Certifying\nEngineers\" (see§§ 107.502(a)(l)(i), 107.502(b), and 180.413(a)(3)). Section\n178.320(a) defines a cargo tank \"manufacturer\" as any person who engages in the\nmanufacture of a DOT specification cargo tank, cargo tank motor vehicle, or cargo\ntank equipment that forms part of the cargo tank wall, and includes attaching a cargo\ntank to a motor vehicle or to a motor vehicle suspension component that involves\nwelding on the cargo tank wall. A cargo tank manufacturer must register with DOT\nas a manufacturer in conformance with 49 CFR Part 107, Subpart F.\nA person mounts an existing DOT specification cargo tank on a motor vehicle\nchassis. The cargo tank still has the original rear-end protection device. Is the person\nwho mounts the cargo tank on the chassis required to obtain documentation (e.g.,\nDCE certification) that verifies the existing rear-end protection device meets the\ncurrent HMR? If so, does he or she have to retain that documentation? Does that\nperson also have to provide that documentation to the cargo tank owner?\nIf the mounting affects the cargo tank's tank wall or shell, the answer is yes to all\nthree questions (see \"modification\" as defined in§ 180.403). If the mounting does\nnot affect the cargo tank's wall or shell, no DCE certification is needed. A person\nwho modifies a cargo tank must obtain its manufacturer's certificate and, where\napplicable, American Society ofMechanicalEngineers (ASME) manufacturer's data\nreport, such as FormU-lA, to ensure the modified cargo tank's design configuration\nmeets applicable HMR design and accident protection requirements in conformance\nwith§ 180.413(e)(l). The records ofthis modification must be retained by the\nperson making the modification and provided to the cargo tank owner in\nconformance with§ 180.413(£). Section 180.413(£) requires that each owner of a\ncargo tank motor vehicle must retain all records of repair, modification, stretching, or\nrebarrelling made to each of their cargo tanks during the time the cargo tank motor\nvehicle is in service and for one year afterward. These records must be retained at the\nowner's principal place of business and include notations of any tests conducted to\nverify the suitability of each cargo tank's repair, modification, stretching, or\nrebarrelling. If a motor carrier is not the owner of the cargo tank motor vehicle in its\nservice, that motor carrier must retain copies of the manufacturer's certificate and\nrelated papers or the alternative report authorized in § 180.417( a)(3 )(i) or (a)(3)(ii),\nand the vehicle certification report at its principal place of business during the period\n2\n\n<<<PAGE 3>>>\n\nQ4. A4. Q5. AS. Q6. A6. the cargo tank motor vehicle is in its service and for one year afterward (see\n§ 180.417(a)(2)).\nIs the person who mounts an existing DOT specification cargo tank on a motor\nvehicle required to obtain documentation of the original chassis attachment system\nand follow that documentation? Is this person required to retain copies and provide\ncopies to the cargo tank owner?\nThe answer is yes to both questions if the mounting performed is an assembly, as this\nterm is defined in§ 107.502(a)(1). As stated in Answer A3, ifthe mounting\nperformed is a modification, § 180.413 (f) requires that each owner of a cargo tank\nmotor vehicle must retain at the owner's principal place of business all records of\nrepair, modification, stretching, or rebarrelling, including notation of any tests\nconducted to verify the suitability ofthe repair, modification, stretching, or\nrebarrelling made to each cargo tank during the time the cargo tank motor vehicle is\nin service and for one year thereafter. Section § 180.413 (f) also requires that copies\nof these records must be retained by a motor carrier, if not the owner of the cargo\ntank motor vehicle, at its principal place of business during the period the cargo tank\nmotor vehicle is in the carrier's service.\nIs the person who mounts an existing DOT specification cargo tank on a motor\nvehicle chassis required to obtain the original certificate of compliance and an ASME\nU-1A form, titled \"Manufacturer's Data Report for Pressure Vessels,\" if applicable,\nprior to doing the work? Is this person required to retain copies and provide copies of\nthis form to the cargo tank owner?\nSee Answers A3 and A4.\nIf the person doing the work or the cargo tank owner is unable to obtain the DCE\ncertification for the rear-end protection, may the cargo tank still be mounted on a new\nchassis and serve in specification service?\nProvided the mounting does not involve any cargo tank modifications as stated in\nAnswer A3, the answer is yes.\nI hope this satisfies your request.\nSincerely,\n/~//L/0~~···\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n3\n\n<<<PAGE 4>>>\n\n£c/IV10f) 5Dtt}\n§J8(),4l3\nU.S. DOT\nPHMSA Office of Hazardous Materials Standards\nAttn: PHH-1 0\nEast Building\n1200 New Jersey Avenue, SE\nWashington, DC 20590-0001\n~Jif3.3ZO\n~ r3.o fan ks\nJJ-f~OO!D\nDecember 5, 2013\nREQUEST FOR INTERPRETATION\ni am writing with questions regarding the mounting of an existing DOT specification cargo tank\non a vehicle chassis, commonly referred to as a remount or as an assembly. In this scenario,\nthe person doing the assembly is not a true cargo tank or cargo tank motor vehicle\nmanufacturer. They obtain an existing specification cargo tank from another source and mount\nit on a new or used motor vehicle chassis.\nIn some circumstances, they will perform this service as a request from a customer who owns\nthe cargo tank. In other circumstances, they will purchase a used cargo tank, purchase a\nvehicle chassis, and assemble it for sale to the general public. If any of the answers to the\nquestions below vary based on these circumstances (especially #3), please explain.\n1. Is a person who mounts an existing DOT specification cargo tank on a motor vehicle chassis\nrequired to issue a certificate of compliance and/or apply a specification plate for the \"new''\ncargo tank motor vehicle?\n2. Does the person who mounts an existing DOT specification cargo tank on a motor vehicle\nchassis meet the definition of a cargo tank motor vehicle manufacturer, and must they be\nregistered as such?\n3. A person mounts an existing DOT specification cargo tank on a motor vehicle chassis. The\ncargo tank still has the original rear end protection device. Is the person who mounts the cargo\ntank on the chassis required to obtain documentation (e.g., DCE certification) that verifies the\nexisting rear end protection device meets the current HMR? If so, do they have to retain that\ndocumentation? Do they have to provide it to the cargo tank owner?\n\n<<<PAGE 5>>>\n\nDecember 5, 2013\nPage 2\n4. Is the person who mounts an existing DOT specification cargo tank on a motor vehicle\nrequired to obtain documentation of the original chassis attachment system and follow that\ndocumentation? Are they required to retain copies and/or provide copies to the cargo tank\nowner?\n5. Is the person who mounts an existing DOT specification cargo tank on a motor vehicle\nrequired to obtain the original certificate of compliance and U-1A form, if applicable, prior to\ndoing the work? Are they required to retain copies and/or provide copies to the cargo tank\nowner?\n6. If the person doing the work or the cargo tank owner is unable to obtain the DCE certification\nfor the rear end protection, may the cargo tank still be mounted on a new chassis and serve in\nspecification service?\nI appreciate your attention to this matter.\nSincerely,\nDavid Ford\n200 Hardy Ivy Way\nHolly Springs, NC 27540\n919 886 1297","truncated":false,"body_characters":11063}