Interpretation Response #18-0114
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Began Tank Truck
Individual Name: Mark Smith
Location State: OR Country: US
View the Interpretation Document
Response text:
February 05, 2019
Mark Smith
Service Manager
Began Tank Truck
7605 NE 21st Avenue
Portland, OR 97211
Reference No. 18-0114
Dear Mr. Smith:
This letter is in response to your August 2, 2018, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to a missing manufacturer's certificate for a DOT specification cargo tank motor vehicle (CTMV). Specifically, you provide a scenario in which a DOT 406 CTMV that was manufactured in 1999 is missing its manufacturer’s certificate, and you ask if the manufacturer’s certificate can be replaced by the method specified in § 180.417(a)(3)(i).
The answer is no. The methods indicated in § 180.417(a)(3)—including paragraph (i), for non ASME Code stamped cargo tanks—are authorized for DOT specification cargo tanks manufactured before September 1, 1995, only. Because the CTMV in your scenario was manufactured in 1999, those methods are not authorized for replacing the manufacturer's certificate.
The HMR do not currently provide a method for replacing a missing manufacturer's certificate for those DOT specification CTMVs manufactured on or after September 1, 1995. However, the CTMV may be able to return to hazardous materials service under the controls of a special permit, provided the applicant can demonstrate an equivalent level of safety.
To apply for a special permit, the CTMV owner must submit an application to the Associate Administrator for Hazardous Materials Safety in conformance with the requirements prescribed in 49 CFR Part 107, Subpart B. You may obtain information on the special permit application process from our website at: https://www.phmsa.dot.gov/hazmat/regs/sp-a.
Please note that PHMSA has received and accepted a petition (P 1685) from Polar Service Centers to address this issue in a future rulemaking. You may obtain information on our petition for rulemaking process from our website at: https://www.phmsa.dot.gov/hazmat/rulemakings/hazardous-materials-petitions.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Dirk DerKinderen
Chief, Standards Development
Standards and Rulemaking Division
180.417(a)(3)(i), 180.417(a)(3), 107