Interpretation Response #07-0169 ([Greenberg Traurig, LLP] [C. Allen Foster])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 10/30/2007

Company Name: Greenberg Traurig, LLP

Individual Name: C. Allen Foster

Location State: DC Country: US

View the Interpretation Document

Response text:

C. Allen Foster                                      Ref. No.: 07-0169

Greenberg Traurig, LLP

Suite 500

800 Connecticut Avenue, NW

Washington, DC 20006

Dear Mr. Foster:

This responds to your July 31, 2007 letter concerning regulatory compliance issues associated with the attachment of mounting pads for internal baffle support clips on MC 331 cargo tank motor vehicles manufactured by Trinity Industries, Inc. (Trinity). Specifically, you ask us to reconsider our May 2, 2006 interpretation (Ref. No. 06-0046) on this issue. That interpretation states that, in accordance with § 178.337-3(g)(3) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180), the welding of any appurtenance to the inside or outside of a cargo tank wall must be made by attachment of a mounting pad so that there will be no adverse effect upon the lading retention integrity of the cargo tank if any force less than that prescribed in § 178.337-3(b)(1) is applied from any direction.

We have reviewed our May 2, 2006 interpretation and the information provided in your letter. We continue to believe that our interpretation is consistent with the language and intent of the regulatory requirement set forth in § 177.337-3(g)(3). However, you assert this requirement is not needed to ensure the integrity of a cargo tank as Trinity has manufactured thousands of cargo tanks, constructed with the internal baffle support clips welded directly to the cargo tank shell without pads, without cracking of the shell material or cracking of welds resulting from attachment of the baffle support clips. Based on Trinity's experience, we plan to reassess the requirement in § 177.337-3(g)(3) as part of an upcoming cargo tank rulemaking.

Given the circumstances outlined in your letter, we have determined that Trinity cargo tanks constructed with internal baffle support clips welded directly to the inside surface of the cargo tank shell should be permitted to continue in operation, subject to provisions of a special permit issued in accordance with Subpart B of 49 CFR Part 107, while we complete our reassessment of the requirements in § 177.337-3(g). The special permit " termed a "manufacture, mark, and sale" special permit " would establish conditions under which the cargo tank motor vehicles could continue in service without replacing the existing baffle clips. Such a special permit could specify repair procedures to address stress cracking resulting from fatigue or repairs that require welding directly to the cargo tank wall and periodic inspection requirements. General information on submitting a special permit application is provided in 49 CFR 107.105. For additional information regarding the content of your special permit application, please contact Delmer Billings, Director, Office of Hazardous Materials Special Permits and Approvals, at (202) 366-4511.

If you have further questions, please do not hesitate to contact this office.

Sincerely,

Edward T. Mazzullo

Director, Office of Hazardous Materials Standards

178.337-3(g)

Regulation Sections