Interpretation Response #16-0009
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
April 06, 2017
Mr. Albert Calkin
Transportation Safety Consultant
Innovative Safety Solutions, Inc.
3310 Baldy Dr.
Helena, MT 59602
Reference No. 16-0009
Dear Mr. Calkin,
This responds to your January 10, 2016 email, and subsequent telephone conversation with a member of my staff, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask several questions concerning Specification DOT 406 cargo tank motor vehicle (CTMV) manufacturing and registration requirements. Your questions are paraphrased and answered below, please note that the answers to Q1, Q4, and Q5 apply to manufacturers as defined in § 178.320 (includes attaching a cargo tank to a motor vehicle or to a motor vehicle suspension component that involves welding on the cargo tank wall) and not to assemblers, as defined in § 107.502(a)(2) of CTMV's who attach a cargo tank to the motor vehicle or to a motor vehicle component if no welding to the cargo tank wall is involved:
Q1. You seek confirmation that when a person manufactures a portion of more than one cargo tank and then at a later date takes one of the incomplete cargo tanks and manufactures a new complete CTMV, that person is responsible for issuing a certificate of compliance for the CTMV only when it is completed and ready to be used in DOT specification service.
A1. For Specification DOT 406 CTMV's, § 178.345-15(a) requires certification documents to be provided to the owner of the CTMV at or before the time of delivery. The various certification documents referenced in § 178.345-15 require signatures that certify that the CTMV design meets the applicable specification. These documents need not be signed until the CTMV is in full compliance with the applicable specification.
Q2. You seek confirmation that the date stamped on the nameplate for original test date and the cargo tank certification date and cargo tank date of manufacture stamped on the specification plate do not need to be stamped until the tank is certified by the person responsible for ensuring compliance with the regulations and are the dates when the CTMV is tested and certified as a complete DOT specification CTMV.
A2. Section 178.345-14(a) requires the manufacturer to certify that each CTMV has been designed, constructed and tested in accordance with the applicable specification cargo tank requirements and, when applicable, with Section VIII of the ASME Code. This certification shall be accomplished by marking the cargo tank as prescribed in § 178.345-14(b) and (c) and by preparation of the certificate prescribed in § 178.345-15. The marking on the nameplate for the original test date should be the date that required cargo tank testing was completed. The CTMV certification date (if different from the cargo tank certification date) marking on the specification plate is to be the date on which the CTMV has been tested and certified as a complete DOT specification cargo tank motor vehicle. The cargo tank date of manufacture on the specification plate should be date the cargo tank has been tested and certified as a DOT specification cargo tank.
Q3. You present a scenario where a person partially completes construction of a cargo tank and sells the incomplete cargo tank to another person for completion of the cargo tank manufacturing process and mounting on a CTMV. You state it is your understanding that the person who started construction of the cargo tank must create an incomplete Certificate of Compliance which identifies those items (i.e. closures and vents) which must be installed to complete the cargo tank manufacturing process. You ask for confirmation of your understanding that this incomplete Certificate of Compliance does not need to include items, such as accident damage protection, that need to be addressed by the person who manufactures the complete DOT specification cargo tank motor vehicle.
A3. Your understanding is correct. Section 178.345-15(e) requires the manufacturer of the incomplete cargo tank to state the specification requirements not complied with on the manufacturer's Certificate of Compliance. These specification requirements not complied with that are required to be noted on the Certificate of Compliance are limited to items required for the cargo tank itself to be considered compliant, not to items required to be addressed by the person who manufactures the complete DOT specification CTMV.
Q4. You present a scenario where a person purchases a cargo tank which is partially constructed to Specification DOT 406 standards, but certified as meeting the specification requirements with shortages, such as missing the required venting and or closures. The person purchasing the cargo tank with specification shortages then completes the construction of the cargo tank by installing the parts that were identified as shortages on the incomplete Certificate of Compliance, and using the now complete DOT specification cargo tank, manufactures a new complete DOT specification CTMV. You ask for confirmation of your understanding that this manufacturer of the completed CTMV must issue a single Certificate of Compliance which identifies only the parts that were added to meet the requirements of a DOT specification cargo tank and certifies that the complete CTMV meets the applicable DOT cargo tank motor vehicle specifications.
A4. Section 178.345-15(e) discusses certification requirements for cargo tanks manufactured with specification shortages. When the cargo tank is brought into full compliance with the applicable specification, the Registered Inspector shall issue a Certificate of Compliance stating details of the particular operations performed on the cargo tank, and the date and person accomplishing the compliance. This Certificate of Compliance requirement to describe the details of the particular operations performed on the cargo tank, and the date and person accomplishing the compliance is a separate document from the certificate required by § 178.345-15(b), (c), or (d) as applicable.
Q5. You ask if 49 CFR Part 180 requirements apply to those who manufacture cargo tank or cargo tank motor vehicles. Specifically, you reference § 180.413(e) requirements that require mounting of a cargo tank on a CTMV to be performed and certified by a Design Certifying Engineer and ask if these, and other Part 180 requirements apply to new cargo tank and CTMV manufacturers.
A5. The applicability of Part 180 as prescribed in § 180.1 states "this part prescribes requirements pertaining to the maintenance, reconditioning, repair, inspection and testing of packagings, and any other function having an effect on the continuing qualification and use of a packaging under the requirements of this subchapter." The applicability of Subpart E of Part 180, specific to qualification and maintenance of cargo tanks, in § 180.401 states "this subpart prescribes requirements, in addition to those contained in parts 107, 171, 172, 173 and 178 of this subchapter, applicable to any person responsible for the continuing qualification, maintenance or periodic testing of a cargo tank." Based on the limitations placed in these applicability sections, initial manufacturing of cargo tanks and CTMV and associated processes such as initial mounting of cargo tanks on a CTMV are not subject to requirements found in Part 180. The definition of manufacturer in § 178.320 was revised in a final rule issued under Docket HM-189M (October 1, 1996; 61 FR 51334). The preamble to the final rule stated that the definition was revised to clarify that the term does not include persons (i.e., assemblers) who attach a cargo tank to the motor vehicle or to a motor vehicle component if no welding to the cargo tank wall is involved. There are specific Part 180 requirements that apply to "assemblers" of CTMV's.
I hope this answers your inquiry. If you need additional assistance, please contact the Standards and Rulemaking Division at (202) 366-8553.
Duane A. Pfund
International Standards Coordinator
Standards and Rulemaking Division
178.320, 107.502(a)(2), 178.345-15(a), 178.345-15, 178.345-14(a), 178.345-14(b) and (c), 178.345-15(e), 178.345-15(b), (c), or (d), 180.413(e), 180.1, 180.401, 107, 171, 172, 173, 178, 178.320