{"operation":"document","citation":"18-0114","title":"Began Tank Truck — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2019-02-05","effective_on":null,"summary":"18-0114 response to Began Tank Truck concerning 180.417.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0114.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0114.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-18-0114","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/70326/180114.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMaterials Safety\nPipeline and Hazardous\nAdministration\nFEB 0 5 2019\nMark Smith\nService Manager\nBegan Tank Truck\n7605 NE 21st Avenue\nPortland, OR 97211\nReference No. 18-0114\nDear Mr. Smith:\nThis letter is in response to your August 2, 2018, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to a missing manufacturer's\ncertificate for a DOT specification cargo tank motor vehicle (CTMV). Specifically, you provide\na scenario in which a DOT 406 CTMV that was manufactured in 1999 is missing its\nmanufacturer's certificate, and you ask if the manufacturer's certificate can be replaced by the\nmethod specified in § 180.417(a)(3)(i).\nThe answer is no. The methods indicated in § 180.417(a)(3) including paragraph (i), for\nnon-ASME Code stamped cargo tanks—are authorized for DOT specification cargo tanks\nmanufactured before September 1, 1995, only. Because the CTMV in your scenario was •\nmanufactured in 1999, those methods are not authorized for replacing the manufacturer's\ncertificate.\nThe HMR do not currently provide a method for replacing a missing manufacturer's certificate\nfor those DOT specification CTMVs manufactured on or after September 1, 1995. However, the\nCTMV may be able to return to hazardous materials service under the controls of a special\npermit, provided the applicant can demonstrate an equivalent level of safety.\nTo apply for a special permit, the CTMV owner must submit an application to the Associate\nAdministrator for Hazardous Materials Safety in conformance with the requirements prescribed\nin 49 CFR Part 107, Subpart B. You may obtain information on the special permit application\nprocess from our website at: http://www.phmsa.dot.gov/hazmat/regs/sp-a.\n\n<<<PAGE 2>>>\n\nPlease note that PHMSA has received and accepted a petition (P-1685) from Polar Service\nCenters to address this issue in a future rulemaking. You may obtain information on our petition\nfor rulemaking process from our website at:\nhttps://www.phmsa.dot.gov/hazmat/rulemakings/hazardous-materials-petitions.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nChief, Standards Development\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nGellu\n§180.417\nCargo Tasks\nDodd, Alice (OST)\n18-0114\nFrom:\nINFOCNTR (PHMSA)\nSent:\nTo:\nFriday, August 03, 2018 12:47 PM\nSubject:\nHazmat Interps\nEW: requesting an interpretation -\nHi Ikeya,\nBelow is a request for a letter of interpretation. Mr. Smith spoke with Breanna. Please let me know if you have any\nquestions.\nThanks,\nJonathon\nFrom: Mark Smith [mailto:smitty@begantanktruck.com]\nSent: Thursday, August 02, 2018 3:44 PM\nTo: PHMSA HM InfoCenter <PHMSAHMInfoCenter@dot.gov>; INFOCNTR (PHMSA) < INFOCNTR.INFOCNTR@dot.gov>\nCc: Bob Berry <bob.berry@begantanktruck.com>\nSubject: requesting an interpretation -\nGreetings,\nWe would like to obtain some information and submit for a letter of interpretation in a scenario of a lost Certificate of\nCompliance (COC) for a CTMV. Below is the scenario:\nScenario) An owner of a DOT 406 CTMV does not have a COC for the Cargo Tank or the CTMV. The Cargo Tank and CTMV\nwas manufactured in 1999. The original CTMV manufacturer, which is also the cargo tank manufacturer, no longer has a\ncopy of the COC.\n180.417(a) requires the owner to maintain a copy of the certificates for the cargo tank and the CTMV.\n§ 180.417 Reporting and record retention requirements.\n(a)Vehicle certification.\nmanufacturer's ASME U1A data report, where applicable, and related papers certifying that the\n(1) Each owner of a specification cargo tank must retain the manufacturer's certificate, the\nspecification cargo tank identified in the documents was manufactured and tested in accordance\nwith the applicable specification. This would include any certification of emergency discharge\ncontrol systems required by § 173.315(n) of this subchapter or § 180.405(m). The owner must\nretain the documents throughout his ownership of the specification cargo tank and for one year\nthereafter. In the event of a change in ownership, the prior owner must retain non-fading photo\ncopies of these documents for one year.\nIf the owner of the vehicle does not have the Manufacturers certificate for a cargo tank, 180.417 (a)(3)(i) goes on to\nspecify what must be done in order to produce an alternative report (often known as a Supplemental Certificate of\nCompliance). However, this is only for a cargo tank manufactured before September 1, 1995.\n(3)DOT Specification cargo tanks manufactured before September 1, 1995 -\n1\n\n<<<PAGE 4>>>\n\n(i) Non-ASME Code stamped cargo tanks - If an owner does not have a manufacturer's\ncertificate for a cargo tank and he wishes to certify it as a specification cargo tank,\nthe owner must perform appropriate tests and inspections, under the direct supervision of a\nRegistered Inspector, to determine if the cargo tank conforms with the applicable specification.\nBoth the owner and the Registered Inspector must certify that the cargo tank fully conforms to\nthe applicable specification. The owner must retain the certificate, as specified in this section\nMy questions are as follows:\n-\nIf the original Certificates are not available, how should the owner of a vehicle manufactured after September 1,\n1995 obtain a copy of a certificate that will meet the requirements of 180.417(a)?\n- What options does the owner of the vehicle have to satisfy the requirements of 180.417(a)?\n- Is a Registered inspector allowed to perform the inspections as laid out in 180.417 (a)(3)(i) and provide an\nalternative report/ Supplemental Certificate if the unit meets the requirements of 178.345 and 178.346\n- As allowed in 180.413(e)(2) a Registered Inspector can mount a cargo tank and provide a Certificate of\nCompliance, is it possible for a Registered Inspector to perform a required set of inspections and testing so a\nreplacement Supplemental Certificate of Compliance can be provided to the owner?\nThank you very much for your time. Please let me know if you need any clarifications.\nSincerely,\n\"Smitty\"\nMark Smith\nService Manager\nBEGAN TANK TRUCK\n7605 NE 21st Ave\nPortland, OR 97211\nCT-0875 R-4103\nOffice: (503) 286-3731\nCell: (503) 710-6609\nFax: (503) 286-3447\nWebsite: begantanktruck.com\nEmail: mark.smith@begantanktruck.comJ\n2","truncated":false,"body_characters":6395}