Interpretation Response #05-0071 ([Determan Brownie, Inc.] [Mr. Dave Anderson])

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

Interpretation Response Details

Response Publish Date: 04/27/2005

Company Name: Determan Brownie, Inc.

Individual Name: Mr. Dave Anderson

Location State: MN Country: US

View the Interpretation Document

Response text:

Apr 27, 2005

Mr. Dave Anderson                                       Reference No. 05-0071
Determan Brownie, Inc.
1241– 72nd Avenue Northeast
Minneapolis, MN 55432

Dear Mr. Anderson,

This is in response to your letter dated March 24, 2005, requesting clarification of the requirements contained in the Hazardous Materials Regulations (HMR; 49 CFR Parts 100-185 applicable to manufacturing and retesting a DOT Specification 406 cargo tank motor vehicle (CTMV). Specifically, you ask several questions regarding the testing requirements for a DOT Specification 406 CTMV. In addition, you indicate that the cargo tank does not meet the requirements prescribed in Part 178, Subpart J for the specification.

Your questions are paraphrased and answered as follows:

Q1.      May a company that is not registered with the Department, in accordance with Part 107, Subpart F, manufacture a DOT Specification 406 CTMV?

Al.        No. The definition of a manufacturer provided in § 178.320 states that a manufacturer must register with the Department in accordance with Part 107, Subpart F of the HMR. In addition, § 107.502(b) indicates that no person may manufacture a DOT specification cargo tank or CTMV unless that person is registered.

Q2.      In accordance with § 180.417(a)(3), may the owner prepare a manufacturer’s certificate based on specification markings that were placed on the cargo tank by a person who manufactured the CTMV, but was not registered with the Department?

A2.      No. Section 180.417(a)(3) applies to DOT specification CTMVs manufactured before September 1, 1995. However, even if the CTMV was manufactured prior to September 1, 1995, you may not prepare a manufacturer’s certificate based on information supplied by a person who was not authorized to manufacture the CTMV.

Q3       May the owner of the CTMV create the documents that are required to be maintained by § 178.345-15?

A3.      No. The owner of the CTMV is not permitted to create the documents identified in § 1 78.345-15. The documents must be supplied to the owner by the manufacturer of the CTMV. This includes the certification documents that display the registration number of the manufacturer, the Design Certifying Engineer, and the Registered Inspector. In addition, these documents must include a certificate signed by a responsible official of the manufacturer and a Design Certifying Engineer certifying that the CTMV meets the applicable specification.

Because the owner is unable to provide any of the required documents and because the person who manufactured the CTMV was not an authorized manufacturer, the cargo tank must be certified under the procedures applicable to newly constructed cargo tanks. In the situation described in your letter, you would be converting a non-specification CTMV into a DOT specification CTMV. To accomplish this, your company could become the manufacturer of the CTMV and issue the certificates identified in § 178.345-15. This would entail registration as a cargo tank manufacturer in accordance with Part 107, Subpart F and performance of all tests and inspections under Part 178, Subpart J, as applicable to the DOT Specification 406 CTMV described in your documented QC program used to obtain your ASME Code “U” stamp.

I hope this information is helpful. Please contact us if you require additional assistance.

Sincerely,

John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards

178.345-15(a)&(6)

Regulation Sections