Interpretation Response #19-0046

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

Interpretation Response Details

Response Publish Date: 07/22/2019

Company Name: Alloy Custom Products, LLC

Individual Name: Evan Mills

Location State: IN Country: US

View the Interpretation Document

Response text:

July 22, 2019

Evan Mills
Compliance Engineer
Alloy Custom Products, LLC
Lafayette, IN  47905

Reference No. 19-0046

Dear Mr. Mills:

This letter is in response to your April 5, 2019, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to Specification MC-338 cargo tank motor vehicle (CTMV) rear-end tank protection requirements. In § 178.338-10(c), there are two options that allow a person to comply with rear-end tank protection for an MC-338 CTMV. The first option is to fully comply with the requirements of § 178.338-10(c)(1). The second option in § 178.338-10(c)(2) directs a person to comply with the requirements found in § 178.345-8(b).

You believe the reference to § 178.345-8(b) is incorrect because it refers to bottom damage protection and not rear-end tank protection. You believe the correct reference should be § 178.345-8(d).

Your understanding is correct that the reference found in § 178.338-10(c)(2) should be § 178.345-8(d). The Research and Special Programs Administration (RSPA), now the Pipeline and Hazardous Materials Safety Administration (PHMSA), published a Notice of Proposed Rulemaking, HM-183C [60 FR 17398] on April 5, 1995, which proposed to revise the requirements for rear-end tank protection devices for MC-331 and MC-338 CTMVs to allow DOT 400 series rear-end tank protection devices as an alternative. In final rule HM-213 [68 FR 19258], published April 18, 2003, RSPA added the provision to allow rear-end tank protection devices to conform with § 178.345-8; however, this new provision was added with the incorrect reference to paragraph (b). In final rule HM-213 [68 FR 52363], published on September 3, 2003, RSPA addressed the error in the preamble yet, RSPA inadvertently left the incorrect reference to paragraph (b).

PHMSA is aware of this error and will address the error in a future rulemaking.

I hope this information is helpful. Please contact us if we can be of further assistance.

Sincerely,

Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division

178.338-10(c), 178.338-10(c)(1), 178.338-10(c)(2), 178.345-8(b), 178.345-8(d), 178.345-8

Regulation Sections