{"operation":"document","citation":"14-0196","title":"Lamb Fuels, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-04-02","effective_on":null,"summary":"14-0196 response to Lamb Fuels, Inc. concerning 180.405.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0196.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0196.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-14-0196","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/140196.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation\n1200 New Jersey Avenue, SE\nPipeline and Hazardous Materials\nWashington, DC 20590\nSafety Administration\nAPR 0 2 2015\nJeff Lisowski\nSafety and Compliance Manager\nLamb Fuels, Inc.\n725 Main Street, Suite B\nChula Vista, CA 91911\nRef. No. 14-0196\nDear Mr. Lisowski:\nThis responds to your request for clarification of the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180) applicable to the specification marking on a MC 306 cargo\ntank. Specifically, you ask whether the specification data plate on a MC 306 cargo tank\nbuilt in the 1970s should be located on the front right side of the cargo tank in accordance\nwith the regulations at the time of construction of the cargo tank.\nYour understanding is correct. When a cargo tank specification is removed from the HMR,\nnew construction is no longer authorized. Section 180.405 allows for the continued use of\nexisting MC 306 cargo tanks built prior to the removal of their specification. Except as\notherwise provided in § 180.405, to qualify as an authorized packaging, MC 306 cargo\ntanks must fully conform to the applicable specification in effect on the date initial\nconstruction began. Between 1968 and July 1, 1985 the metal specification plate was\nrequired to be located on the \"right side, near the front, in a place readily accessible for\ninspection\" in accordance with § 178.340-10(b).\nI hope this information is helpful. If you have further questions, please contact this office.\nSincerely,\nFoste\nT. Glenn Foster\nChief, Regulatory Review and Reinvention\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nLehman\n5178.345-14(c)\nnarkin\nDodd, Alice (PHMSA)\n14-0:97\nFrom:\nSent:\nCiccarone, Michael CTR (PHMSA)\nTo:\nTuesday, October 14, 2014 4:03 PM\nHazmat Interps\nSubject:\nFW: MC 306 Specification Data Plate Guidance\nImportance:\nHigh\nShante and Alice,\nPlease submit this for a formal letter of interpretation. Mr. Lisowski spoke to Shelby Geller and me in the HMIC, and\nMichael Stevens as well.\nThanks,\nMike\nFrom: Jeff Lisowski [mailto:jeff@lambfuels.com]\nTo: INFOCNTR (PHMSA)\nSent: Wednesday, October 08, 2014 7:54 PM\nSubject: MC 306 Specification Data Plate Guidance\nImportance: High\nWe have had a couple Roadside Inspections where we were found in violation of 49 CFR 178.345-14(c).\nIt was determined by one State inspector that the MC 306 specification data plate was not visible because of its location,\nwhich was on the passenger side second bolster.\nThis was typical of MC 306 specification plates for cargo tanks that were built in the 1970's. But 49 CFR 178.345-14(a)\npoints out in its first paragraph that it pertains to DOT 406, DOT 407 and, DOT 412 cargo tanks.\nThe only thing I could find in the CFR pertaining to data plates being moved, would be if the cargo tank was recertified as\na DOT 406.\nAfter one such Roadside Inspection we had a cargo tank repair shop move the specification data plate to the front left of\nthe cargo tank to conform with 49 CFR 178.345-14, but looking back at this, l am not sure this was correct.\nAny guidance on this matter is appreciated.\nJeff Lisowski, CSS\nSafety and Compliance Manager\n\"Fuel Recovery Solutions\"™M\n725 Main Street, Suite B\nLamb Fuels, Inc\nChula Vista, CA 91911\n1\n\n<<<PAGE 3>>>\n\nOffice 619 421 0805\nCell 619 816 8538\nFax 619 421 0586\n\"Stay Safe!\"","truncated":false,"body_characters":3309}