{"operation":"document","citation":"15-0079","title":"Renaldo Sales & Service, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2016-05-02","effective_on":null,"summary":"15-0079 response to Renaldo Sales & Service, Inc. concerning 178.320, 178.345, 180.407.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0079.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0079.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0079","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2016/150079.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMaterials Safet\nipeline and Hazardou:\nAdministration\nMAY 0 2 2016\nMr. Kerry M. Fitzgerald\nRenaldo Sales & Service, Inc.\n1770 Milestrip Road\nNorth Collins, NY 14111\nReference No. 15-0079\nDear Mr. Fitzgerald:\nThis letter is in response to your April 10, 2015, letter requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the inspection\nof cargo tank components as required by § 180.407. Your questions have been paraphrased\nand answered as follows:\nQ1. What is the meaning of \"suspension system attachments\" and \"connecting structures\"\nas these words are used in § 180.407(d)(2)(viii)?\nAl.\nSection 180.407(d)(2)(viii) requires that all major appurtenances and structural parts\ndirectly attached to the cargo tank shell, including suspension system attachments and\nconnecting structures, must be inspected for any corrosion or damage as part of the\ncargo tank's external visual inspection and testing. The HMR do not define\n\"suspension system attachments.\"\nThe HMR define \"connecting structure\" in §§ 178.320(a) and 178.345-1(c) as \"the\nstructure joining two cargo tanks\" in one multiple-tank cargo tank. The requirements\nin § 178.320 apply to all DOT-specification cargo tanks and, therefore, also apply to\nthe external visual inspection and testing of cargo tanks in § 180.407(d)(2) (vill).\nQ2.\nIf a cargo tank's chassis suspension system (i.e., springs, U-bolts, axles, wheel drums,\ntires, steering controls, brakes) is meant to be inspected under § 180.407, exactly what\ncomponents of this system are required to be included in that inspection?\nA2.\nThe inspection required under § 180.407 of the HMR is limited to both those\nstructures directly attached to the cargo tank shell and those having a direct impact on\nthe integrity of the tank itself, including those that attach the cargo tank to the chassis.\nOther components of a cargo tank motor vehicle's chassis, suspension system, and\nrunning gear are described in and required to be inspected under the Federal Motor\nCarrier Safety Regulations (FMCSR; see 49 CFR, Subtitle B, Chapter III, Subchapter\nB, Appendix G-Minimum Periodic Inspection Standards).\n\n<<<PAGE 2>>>\n\nFederal Motor Carrier Safety Regulations (EMCSR; see 49 CFR, Subtitle B, Chapter\nIII, Subchapter B, Appendix G-Minimum Periodic Inspection Standards).\nQ3.\nIt is my understanding that the HMR require inspections of cargo tanks and their\ncomponents to occur on a pass/fail basis. If this is the case, should inspections\nconcerning cargo tank \"suspension system attachments\" include the inspection\nrequirements prescribed in 49 CFR 397.17 (Tires)?\nA3.\nYour understanding is correct. The HMR require the inspection of a cargo tank's\nattachment to a cargo tank to occur on a pass/fail basis. However, the FMCSR\nrequire the regulation and inspection of a cargo tank's tires, lights, brake lines, etc.,\nas prescribed in 49 CFR Part 396, with requirements for tire maintenance further\nspecified in § 397.17, as you stated.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\ntan sister\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nEdmonsor\nRENALDO\nal visuas\nManufacturing & Custom Fabrication\ninspection resting\nSince 1964\n15-0079\nApril 10, 2015\nMr. Charles E. Betts\nDirector, Standards and Rulemaking Division\n1200 New Jersey Avenue, SE East Building, 2°d Floor\nU.S. DOT/PHMSA (PHH-10)\nWashington, DC 20590\nRe:\nMC 331 Inspection and testing\n49 CFR 180.407(d)(2)(viii) External visual inspection and testing.\nDear Mr. Betts,\nSection 49 CFR 180.407(d)(2)(viii) refers to the inspection of \"suspension system attachments, connecting\nstructures\". I would like clarification on the definitions of these two terms in regard to this section.\nIn 178.337-13, the term restraining devices is used to describe the anchoring/connection of the cargo tank\nto the vehicle chassis. It is assumed that connecting structures and restraining devices are one and the same.\nInterpretation 08-0097 states that Registered Inspectors are not required to perform compliance reviews\nsubject to Part 396 of the FMCSR as part of the annual inspection in 396.17. However, the term suspension system\nattachments seems to imply more than the anchoring of the cargo tank to the truck chassis frame. If indeed, the\nchassis suspension system (springs, U-bolts, axles, wheel drums, tires, steering controls, (brakes?)) is meant to be\ninspected by 180.407, exactly what components would be included in this? In speaking with your office today, it\nwould seem that the suspension system (and attachments) should be inspected, but there was evidently no clear\nend as to what components should be taken into consideration. There are many components on a truck chassis,\nthat if defective, would have a direct effect on the overall operational safety of the cargo tank motor vehicle.\nCertainly common sense should prevail, as in the Interpretation 08-0097, where it is recommended that\nthe Registered Inspector bring any deficiencies that would be covered in 396.17 to the operator's attention. Given\nthat it is specifically mandated in this section to inspect suspension system attachments and components as part of\nthis inspection, it must be made clear as to what components should be inspected as part of the inspection. Cargo\ntank inspections, and their components, as required by the regulations are on a pass/fail basis. In this case, should\nparticular sections of 396.17 be addressed in this inspection as they relate to \"suspension system attachments?\nI appreciate your assistance in advance in this matter.\nSincerely,\nKerry M. Fitzgerald\nRenaldo Sales & Service, Inc.\n1770 Milestrip Rd\nNorth Collins, NY 14111\nEnc:\nCopy of Interpretation 08-0097\nCopy of email response from the U.S. DOT Reference Service\n1770 Mile Strip Road • North Collins, NY 14111 • U.S.A. • 1-800-424-5564 • FAX: 337-2756 • Toll: 716-337-3760\nRenaldo Sales & Service, Inc.\n\n<<<PAGE 4>>>\n\nU.S. Department\n1200 New Jersey Ave., S.E\nPipeline and Hazardous\nof Transportation\nWashington, DC 20590\nMaterials Safety\nAdministration\nDEC 30 2008\nMr. Anthony Reid;\nC&R Fleet Services, Inc.\n353 O'Dell Road\nGriffin, Georgia 30224\nRef. No.: 08-0097\nDear Mr. Reid:\nThis responds to your letter regarding whether Registered Inspectors performing\nrequalification inspections in accordance with the Hazardous Materials Regulations (HMR),\n§180.407, specifically VKIP tests on a cargo tank motor vehicle, must also comply with\nFederal Motor Carrier Safety Administration Regulations (FMCSR), § 396.21, Subchapter\nB, Appendix G, known as \"Annual\" inspection. This inspection covers components such as\nbrake system, coupling devices, exhaust system, fuel system, lighting devices, safe loading,\nsteering mechanism, suspension, frame, tires, wheels and rims, windshield glazing, and\nwindshield wipers.\nThe HMR do not require DOT Registered Inspectors to perform compliance reviews subject\nto Part 396 of the FMCSR. Also, a person who performs only the inspections specified in\nPart 396 of the FMCSR is not required to be a DOT Registered Inspector. As a matter of\ncourtesy, if a Registered Inspector observes deficiencies in the components covered by the\nFMCSR inspection, the inspector should bring it to the motor carrier's or owner's attention.\nI hope this information is helpful. If we can be of further assistance, please contact us.\nSincerely,\nBen\nSipe\nS Charles E. Betts\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 5>>>\n\nC&R\nDOT/RSPA/OHMS\n00 - 001E\n!!MT\n08 APR - 7 PM 4:47\nEngrum\n$180.407\nMarch 27, 2008\nLargo Tanks\nHazardous Materials Division\nResearch and Special Programs Administration\n08-0041\nDepartment of Transportation\nWashington, DC 20590-001\nC & R Fleet Services, Inc\n353 O'Dell Road\nGriffin, Georgia 30224\nSubject: Request for Interpretation of Hazardous Material Regulation 180.407\nSir:\nThis letter is to request an interpretation as to if it is interided for Registered Inspectors\nperforming requalification inspections under HM Regulation 180.407, specifically VKIP\ntests on cargo tank motor vehicles to inspect for compliance with FMCSR 396.21 subpart\nB Appendix G. commonly known as an \"Annual\" inspection.\nThe fundamental question at hand is, does a HM tank mounted on a motor vehicle create\nan entity that requires inspection at requalification to ascertain the overall compliance of\nthe vehicle to both HM and FMCSR safety guidelines? We frequently see vessels which\nmeet HM 180 code for requalification but fail to meet standards outlined in FMCSR\n396.21 subpart B appendix G. However, we are unclear as to the jurisdiction of the\nRegistered Inspector during this requalification.\nPlease advise us as to your interpretation of these regulations and their intent.\nIf you require additional information please feel free to call (770) 412-8211.\nThank You,\ndReial\nAnthony Reid\nRI - CT 7588\n353 O'Dell Road * Griffin, Georgia 30224 # 770-412-8211 * Fax 770-412-0576\nwww.CandRFleetServices.com\n\n<<<PAGE 6>>>\n\nDefinition of suspension system attachments [Incident:\n150409-000042]\nUS Department of Transportation Reference Service (ntl1@mailwc.custhelp.com)\n4/09/15\nTo: fitzgas@hotmail.com\nRecently you requested assistance from the US Department of Transportation. Below is our\nresponse to your request.\nIf this issue is not resolved to your satisfaction, you may reopen it within the next 0 days:\nThank you for allowing us to be of service to you:\nSubject\nDefinition of suspension system attachments\nDiscussion Thread\nResponse Via Email (US DOT Reference Service)\n04/09/2015 03:24 PM\nThe situation you have described would seem to be appropriate for a ruling or approval by the\nPipeline and Hazardous Materials Safety Administration.\nPHMSA's Approvals and Permits Division is responsible for the issuance of DOT Special\nPermits and Approvals. A Special Permit sets forth alternative requirements, or variances, to the\nrequirements in the HMR. Federal hazardous materials transportation law authorizes PHMSA to\nissue such variances in a way that achieves a safety level that is at least equal to the safety level\nrequired under Federal hazmat law or is consistent with the public interest if a required safety\nlevel does not exist. An approval is written consent, including a competent authority approval,\nfrom the Associate Administrator or other designated Department official, to perform a function\nthat requires prior consent under the HMR.\nPlease contact the Office of Hazardous Materials Safety Approvals and Permits Division with\nquestions by going to http://www.phmsa.dot.gov/hazmat/regs/contact\nSincerely,\nReference Services\nNational Transportation Library\nBureau of Transportation Statistics\nOffice of the Secretary for Research\n\n<<<PAGE 7>>>\n\nU.S. Department of Transportation\nAuto-Response\n04/09/2015 01:35 PM\nThe following answers might help you immediately. (Answers open in a separate window.)\nAnswer Link: Commercial Driver's License Regulations\nAnswer Link: Using 15-passenger Vans to Transport Children\nAnswer Link: National Driver Register\nAnswer Link: Definition of a Commercial Motor Vehicle\nAnswer Link: Interstate Highway Design Standards\nCustomer By Web Form\n04/09/2015 01.35 PM\nAs in section 180.407(d)(2)(viii), what is the definition of suspension system attachments?\nQuestion Reference #150409-000042.\nMode of Transportation: Highway\nDate Created: 04/09/2015 01:35 PM\nLast Updated: 04/09/2015 03:24 PM\nStatus: Solved\n[--001:001918:62966--]","truncated":false,"body_characters":11623}