{"operation":"document","citation":"14-0096","title":"Evans Transportation Safety Consulting, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-07-31","effective_on":null,"summary":"14-0096 response to Evans Transportation Safety Consulting, LLC concerning 178.320, 178.345, 180.417.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0096.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0096.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0096","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2014/140096.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\nWashington, D.C. 20590\n1200 New Jersey Avenue, SE\nPipeline and Hazardous\nMaterials Safety\nAdministration\nJUL 3 1 2014\nMr. Joe Evans\nPresident\nEvans Transportation Safety Consulting, LLC\n922 Clearview Road\nMoscow, PA 18444\nRef. No. 14-0096\nDear Mr. Evans:\nThis is a response to your May 9, 2014 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) with regard to assembling new cargo\ntank motor vehicles and the requirements and responsibilities of the assembler and the\nmanufacturer. In your incoming letter you describe the following scenario:\nYour client is a cargo tank manufacturer who is registered with the U.S. DOT as a\nmanufacturer and holds a valid ASME \"U\" stamp. In the course of doing business, your\nclient produces cargo tanks for customers for final assembly onto a new chassis to form a\ncomplete cargo tank motor vehicle (CTMV). Your client provides installation instructions,\nwhich do not include welding on the cargo tank wall, a certificate of compliance with\nspecification shortages, and a completed nameplate with your client's name as the cargo\ntank manufacturer. Your client also provides to his customers a specification plate to attach\nto the cargo tank motor vehicle after it has been assembled and tested. The specification\nplate has no manufacturer's name or certification date.\nBased on this scenario, your questions are paraphrased and answered below.\nQ1. Is a person registered as a cargo tank motor vehicle assembler in accordance\nwith Part 107, Subpart F, but does not hold an ASME \"U\" stamp, who: attaches a\nnew cargo tank to a motor vehicle by means other than welding on the cargo tank\nwall according to the requirements in the HMR and the cargo tank manufacturer's\ninstructions; conducts the appropriate tests and inspections; completes and signs a\ncertificate of compliance; and stamps the certification date on the specification plate\nmanufacturer?\nas authorized in § 178.345-15(e), considered a cargo tank motor vehicle\nAl. No. Section 178.320 states that the term manufacturer means any person\nengaged in the manufacture of a DOT specification cargo tank, cargo tank motor\nvehicle, or cargo tank equipment that forms part of the cargo tank wall. This term\nincludes attaching a cargo tank to a motor vehicle or to a motor vehicle suspension\n\n<<<PAGE 2>>>\n\ncomponent that involves welding on the cargo tank wall. A manufacturer must\nregister with the U.S. DOT in accordance with Part 107, Subpart F. The definition\nof manufacturer was revised in a final rule issued under Docket HM-189M (October\n1, 1996; 61 FR 51334). The preamble to the final rule stated that the definition was\nrevised to clarify that the term does not include persons (i.e., assemblers) who attach\na cargo tank to the motor vehicle or to a motor vehicle component if no welding to\nthe cargo tank wall is involved (see also the enclosed copy of letter of interpretation\nRef. No. 14-0010).\nQ2. May the assembler stamp its name on the specification plate as the cargo tank\nmotor vehicle manufacturer?\nA2. No. According to § 178.345-15(e), regarding specification shortages, if a cargo\ntank is manufactured that does not meet all applicable specification requirements,\nthereby requiring subsequent manufacturing involving the installation of additional\ncomponents, parts, appurtenances or accessories, the cargo tank manufacturer may\naffix the name plate and specification plate, as required by § 178.345-14(b) and (c),\nwithout the original date of certification stamped on the specification plate. The\nmanufacturer shall state the specification requirements not complied with on the\nmanufacturer's certificate of compliance. When the cargo tank is brought into full\ncompliance with the applicable specification, a Registered Inspector shall stamp the\ndate of compliance on the specification plate. The Registered Inspector shall also\nissue a certificate of compliance in accordance with § 180.417. This certificate of\ncompliance issued by a Registered Inspector must show the details of each of the\nparticular operations performed on the cargo tank, the date when the operation was\nperformed, and the name of the person performing the operation (e.g., the name of\nthe manufacturer and the name of the assembler) that is bringing the cargo tank into\nоб те резол в\ncompliance. In the scenario you provide, the name of the manufacturer on the\nspecification plate must be left blank, as the assembler is not considered to be the\nmanufacturer; rather, the certificate of compliance will indicate that the cargo tank\nmotor vehicle complies with the HMR.\nQ3. If the assembler may not stamp its name on the specification plate as the cargo\ntank motor vehicle manufacturer, whose name should be stamped on the plate?\nA3. See A2 above.\nQ4. Since the manufacturer of the cargo tank may not legally stamp its name on the\nspecification plate as the cargo tank motor vehicle manufacturer because it is not\ncompleting the final assembly, testing, and certification, who is the cargo tank motor\nvehicle manufacturer and whose name should be stamped on the specification plate\nas the cargo tank motor vehicle manufacturer?\nA4. As described above, the name of the cargo tank motor vehicle manufacturer on\nthe specification plate must be left blank; and the certificate of compliance issued by\na Registered Inspector must show the details of each of the particular operations\n\n<<<PAGE 3>>>\n\nperformed on the cargo tank, the date when the operation was performed, and the\nname of the person performing the operation (e.g., the name of the manufacturer and\nthe name of the assembler) that is bringing the cargo tank into compliance.\nWe appreciate you bringing this issue to our attention. We realize that there is a gap in the\nregulations and intend to address it in a future rulemaking. I hope this information is\nhelpful. If you have any more questions, please do not hesitate to contact this office.\nSincerely,\nRobert Benedict\nChief, Standards Development\nStandards and Rulemaking Division\n\n<<<PAGE 4>>>\n\nO'Donnell\n$178.320\n8178.345-15 (e)\nEvans Transportation Safety Consulting, LIC\nCargo Tank\n922 Clearview Road\nMoscow, PA 18444\n14-0096\njevans50@hotmail.com\nwww.evanstransportationsafety.com\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\nAttn: Mr. T. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nSent Via email\nMay 9, 2014\nDear Glenn:\nI am writing this letter on behalf of several clients in the hope of receiving a regulatory clarification\nregarding the assembly of new cargo tank motor vehicles. I have recently spoken to Suzanne Rach of US\nDOT FMCSA who referred my questions to you via email. I am aware of a recent interpretation dated\nMarch 19, 2014 to Mr. David Ford regarding the remounting of a cargo tank onto a new chassis. My\nquestions relate to the new construction of a cargo tank motor vehicle. I submit the following:\n49 CFR 107.502 Assembly means the performance of any of the following functions when the function does\nnot involve welding on the cargo tank wall: (1) The mounting of one or more tanks or cargo tanks on a\ncomponents necessary to meet the specification requirements prior to the certification of the cargo tank\nmotor vehicle or to a motor vehicle suspension component; (2) The installation of equipment or\nwall.\nmotor vehicle; or (3) The installation of linings, coatings, or other materials to the inside of a cargo tank\n49 CFR 178.320 defines a Manufacturer as any person engaged in the manufacture of a DOT specification\ncargo tank, cargo tank motor vehicle, or cargo tank equipment that forms part of the cargo tank wall. This\nterm includes attaching a cargo tank to a motor vehicle or to a motor vehicle suspension component that\ninvolves welding on the cargo tank wall. A manufacturer must register with the Department in accordance\nwith subpart F of part 107 in subpart A of this chapter.\nScenario:\nA cargo tank manufacturer is registered with US DOT as a manufacture and holds a valid ASME \"U\" stamp.\nThey produce DOT specification cargo tanks for various customers for final assembly onto a new chassis to\nform a completed cargo tank motor vehicle. They provide complete installation instructions, to the\nassembler, which do not involve welding on the cargo tank wall, a Certificate of Compliance with\nspecification shortages and they place a completed nameplate with their name as the cargo tank\nmanufacturer on the plate. They also provide a specification plate to the customer for attachment to the\n\n<<<PAGE 5>>>\n\ncargo tank motor vehicle once it is assembled and tested. There is no name stamped on the specification\n• plate for the cargo tank motor vehicle manufacturer and the certification date is left blank.\nQ,1- The customer (Assembler) who receives the cargo tank does not hold an ASME \"U\" stamp, is\nregistered with US DOT as an \"Assembler\". They assemble the cargo tank to the chassis in accordance\nwith 49 CFR requirements and the cargo tank manufacturer's instructions, conduct the appropriate tests\nand inspections, complete and sign a certificate of compliance and stamp the certification date on the\nspecification plate as they are allowed to under 49 CFR 178.345-15(e). Are they a cargo tank motor\nvehicle manufacturer?\nQ2- Can the \"Assembler\" in this situation stamp their name on the specification plate as the cargo tank\nmotor vehicle manufacturer?\nQ2 - If the \"Assembler\" cannot stamp their name on the specification plate as the cargo tank motor\nvehicle manufacturer whose name should be stamped on the plate?\nQ3 - The cargo tank manufacturer cannot legally stamp their name on the specification plate as the cargo\ntank motor vehicle manufacturer because they are not completing the final assembly, testing and\ncertification. So who is the cargo tank motor vehicle manufacturer and whose name should be stamped\non the specification plate as the cargo tank motor vehicle manufacturer?\nI appreciate your time in responding to these questions. Compliance is essential in these matters. This\nhas been and continues to be an on-going concern in the cargo tank motor vehicle industry.\nSincerely yours,\nJoe Evans\nJoe Evans\nPresident\nEvans Transportation Safety Consulting, LLC\nBuilding confidence with integrity to ensure the highest quality in customer satisfaction!\n\n<<<PAGE 6>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom:\nSent:\nINFOCNTR (PHMSA)\nTo:\nTuesday, May 13, 2014 3:28 PM\nSubject:\nFW: FORMAL INTERPRETÁTION REQUEST\nDrakeford, Carolyn (PHMSA)\nAttachments:\nASSEMBLER request for interp-signed.paf\nExpires:\nFriday, May 23, 2014 12:00 AM\nHi Carolyn,\nThis caller requested we submit this e-mail as a formal letter of interpretation.\nThanks,\nVictoria\nFrom: Joe Evans [mailto:joevans50@hotmail.com]\nSent: Tuesday, May 13, 2014 9:48 AM\nTo: INFOCNTR (PHMSA)\nSubject: FORMAL INTERPRETATION REQUEST\nTo:\nT. Glenn Foster\nGlenn I have attached a request for a formal interpretation.\nThanks in advance for a quick response.\nBest Regards!\nJoe Evans\nPresident\nEvans Transportation Safety Consulting, LLC\n922 Clearview Road\nMoscow, PA 18444\nH 570 842 1482\nC 570 909 8615\njoevans50@hotmail.com\nwww.evanstransportationsafety.com\n\n<<<PAGE 7>>>\n\nO'Donnell, Lisa (PHMSA)\nFrom:\nHardridge, John (FMCSA)\nSent:\nThursday, June 26, 2014 4:14 PM\nTo:\nCc:\nO'Donnell, Lisa (PHMSA); Bomgardner, Paul (FMCSA)\nBenedict, Robert (PHMSA); Freeman, Cheryl (PHMSA); Majors, Leonard (PHMSA); Ford,\nDavid (FMCSA); Rach, Suzanne (FMCSA)\nSubject:\nRE: 14-0096.docx\nLisa,\nPaul & I have reviewed your attached interpretation and concur however, Paul wants to know if we can wait three years\nto release the interp till the revisions to the rules are accomplaished?????\nRegards,\nJohn Hardridge, Lead Transportation Specialist\nHazardous Materials Division\nOffice of Enforcement & Compliance\nFederal Motor Carrier Safety Administration\nUnited States Department of Transportation\n(202) 366-0811\nand laws worldwide, and is CONFIDENTIAL. If you believe that it has been sent to you in error, do not read it. If you are not the intended recipient, you are hereby notified that\nNOTICE: This message (including attachments) is covered by the United States Electronic Communication Privacy Act, 18 U.S.C. sections 2510-2521. and various similar acts\ndelete it. Thank you\nany retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error and then\nFrom: O'Donnell, Lisa (PHMSA)\nSent: Thursday, June 26, 2014 4:09 PM\nTo: Bomgardner, Paul (FMCSA)\nSuzanne (FMCSA); Hardridge, John (FMCSA)\nCc: Benedict, Robert (PHMSA); Freeman, Cheryl (PHMSA); Majors, Leonard (PHMSA); Ford, David (FMCSA); Rach,\nSubject: 14-0096.docx\nPaul,\nDo you concur with the attached letter as revised per our discussion today?\nThanks much,\nLisa\n1\n\n<<<PAGE 8>>>\n\nMarch 19, 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?\nAl.\nThe 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)(1) 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 9>>>\n\nQ2.\nDoes 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?\nA2.\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)(1)(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.\nQ3.\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?\nA3.\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 of Mechanical Engineers (ASME) manufacturer's data\nreport, such as Form U-1A, to ensure the modified cargo tank's design configuration\nmeets applicable HMR design and accident protection requirements in conformance\nwith § 180.413(e)(1). The records of this modification must be retained by the\nperson making the modification and provided to the cargo tank owner in\nconformance with § 180.413(f). Section 180.413(f) 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 10>>>\n\nthe cargo tank motor vehicle is in its service and for one year afterward (see\n§ 180.417(a)(2)).\nQ4.\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?\nA4.\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, if the 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\nconducted to verify the suitability of the repair, modification, stretching, or\nrepair, modification, stretching, or rebarrelling, including notation of any tests\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.\nQ5. Is 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?\nA5. See Answers A3 and A4.\nQ6. If 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?\nA6. Provided 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,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n. 178.320, 180.403, 180.413 7 180.417\n3","truncated":false,"body_characters":21093}