[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR180.417]

[Page 1091-1093]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 180_CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS--Table of 
Contents
 
         Subpart E_Qualification and Maintenance of Cargo Tanks
 
Sec.  180.417  Reporting and record retention requirements.

    (a) Vehicle certification. (1) Each owner of a specification cargo 
tank must retain the manufacturer's certificate, the manufacturer's ASME 
U1A data report, where applicable, and related papers certifying that 
the specification cargo tank identified in the documents was 
manufactured and tested in accordance with the applicable specification. 
This would include any certification of emergency discharge control 
systems required by Sec.  173.315(n) of this subchapter or Sec.  
180.405(m). The owner must retain the documents throughout his ownership 
of the specification cargo tank and for one year thereafter. In the 
event of a change in ownership, the prior owner must retain non-fading 
photo copies of these documents for one year.
    (2) Each motor carrier who uses a specification cargo tank motor 
vehicle must obtain a copy of the manufacturer's certificate and related 
papers or the alternative report authorized by paragraph (a)(3)(i) or 
(ii) of this section and retain the documents as specified in this 
paragraph (a)(2). A motor carrier who is not the owner of a cargo tank 
motor vehicle must also retain a copy of the vehicle certification 
report for as long as the cargo tank motor vehicle is used by that 
carrier and for one year thereafter. The information required by this 
section must be maintained at the company's principal place of business 
or at the location where the vehicle is housed or maintained. The 
provisions of this section do not apply to a motor carrier who leases a 
cargo tank for less than 30 days.
    (3) DOT Specification cargo tanks manufactured before September 1, 
1995--(i) Non-ASME Code stamped cargo tanks-- If an owner does not have 
a manufacturer's certificate for a cargo tank and he wishes to certify 
it as a specification cargo tank, the owner must perform appropriate 
tests and inspections, under the direct supervision of a Registered 
Inspector, to determine if the cargo tank conforms with the applicable 
specification. Both the owner and the Registered Inspector must certify 
that the cargo tank fully conforms to the applicable specification. The 
owner must retain the certificate, as specified in this section.
    (ii) ASME Code Stamped cargo tanks. If the owner does not have the 
manufacturer's certificate required by the specification and the 
manufacturer's data report required by the ASME, the owner may contact 
the National Board for a copy of the manufacturer's data report, if the 
cargo tank was registered with the National Board, or copy the 
information contained on the cargo tank's identification and ASME Code

[[Page 1092]]

plates. Additionally, both the owner and the Registered Inspector must 
certify that the cargo tank fully conforms to the specification. The 
owner must retain such documents, as specified in this section.
    (b) Test or inspection reporting. Each person performing a test or 
inspection as specified in Sec.  180.407 must prepare a written report, 
in English, in accordance with this paragraph.
    (1) Each test or inspection report must include the following 
information:
    (i) Owner's and manufacturer's unique serial number for the cargo 
tank;
    (ii) Name of cargo tank manufacturer;
    (iii) Cargo tank DOT or MC specification number;
    (iv) MAWP of the cargo tank;
    (v) Minimum thickness of the cargo tank shell and heads;
    (vi) Indication of whether the cargo tank is lined, insulated, or 
both; and
    (vii) Indication of special service of the cargo tank (e.g., 
transports material corrosive to the tank, dedicated service, etc.)
    (2) Each test or inspection report must include the following 
specific information as appropriate for each individual type of test or 
inspection:
    (i) Type of test or inspection performed;
    (ii) Date of test or inspection (month and year);
    (iii) Listing of all items tested or inspected, including 
information about pressure relief devices that are removed, inspected 
and tested or replaced, when applicable (type of device, set to 
discharge pressure, pressure at which device opened, pressure at which 
device re-seated, and a statement of disposition of the device (e.g., 
reinstalled, repaired, or replaced)); information regarding the 
inspection of upper coupler assemblies, when applicable (visually 
examined in place, or removed for examination); and, information 
regarding leakage and pressure testing, when applicable (pneumatic or 
hydrostatic testing method, identification of the fluid used for the 
test, test pressure, and holding time of test);
    (iv) Location of defects found and method of repair;
    (v) Minimum thickness of the cargo tank shell and heads when the 
cargo tank is thickness tested in accordance with Sec.  180.407(d)(4), 
Sec.  180.407(e)(3), Sec.  180.407(f)(3), or Sec.  180.407(i);
    (vi) Name and address of person performing test;
    (vii) Registration number of the facility or person performing the 
test;
    (viii) Continued qualification statement, such as ``cargo tank meets 
the requirements of the DOT specification identified on this report'' or 
``cargo tank fails to meet the requirements of the DOT specification 
identified on this report'';
    (ix) DOT registration number of the registered inspector; and
    (x) Dated signature of the registered inspector and the cargo tank 
owner.
    (3) The owner and the motor carrier, if not the owner, must each 
retain a copy of the test and inspection reports until the next test or 
inspection of the same type is successfully completed. This requirement 
does not apply to a motor carrier leasing a cargo tank for fewer than 30 
days.
    (c) Additional requirements for Specification MC 330 and MC 331 
cargo tanks. (1) After completion of the pressure test specified in 
Sec.  180.407(g)(3), each motor carrier operating a Specification MC 330 
or MC 331 cargo tank in anhydrous ammonia, liquefied petroleum gas, or 
any other service that may cause stress corrosion cracking, must make a 
written report containing the following information:
    (i) Carrier's name, address of principal place of business, and 
telephone number;
    (ii) Complete identification plate data required by Specification MC 
330 or MC 331, including data required by ASME Code;
    (iii) Carrier's equipment number;
    (iv) A statement indicating whether or not the tank was stress 
relieved after fabrication;
    (v) Name and address of the person performing the test and the date 
of the test;
    (vi) A statement of the nature and severity of any defects found. In 
particular, information must be furnished to indicate the location of 
defects detected, such as in weld, heat-affected zone, the liquid phase, 
the vapor phase,

[[Page 1093]]

or the head-to-shell seam. If no defect or damage was discovered, that 
fact must be reported;
    (vii) A statement indicating the methods employed to make repairs, 
who made the repairs, and the date they were completed. Also, a 
statement of whether or not the tank was stress relieved after repairs 
and, if so, whether full or local stress relieving was performed;
    (viii) A statement of the disposition of the cargo tank, such as 
``cargo tank scrapped'' or ``cargo tank returned to service''; and
    (ix) A statement of whether or not the cargo tank is used in 
anhydrous ammonia, liquefied petroleum gas, or any other service that 
may cause stress corrosion cracking. Also, if the cargo tank has been 
used in anhydrous ammonia service since the last report, a statement 
indicating whether each shipment of ammonia was certified by its shipper 
as containing 0.2 percent water by weight.
    (2) A copy of the report must be retained by the carrier at its 
principal place of business during the period the cargo tank is in the 
carrier's service and for one year thereafter. Upon a written request 
to, and with the approval of, the Field Administrator, Regional Service 
Center, Federal Motor Carrier Safety Administration for the region in 
which a motor carrier has its principal place of business, the carrier 
may maintain the reports at a regional or terminal office.
    (3) The requirement in paragraph (c)(1) of this section does not 
apply to a motor carrier leasing a cargo tank for less than 30 days.
    (d) Supplying certificates and reports. Each person offering a DOT-
specification cargo tank for sale or lease must provide the purchaser or 
lessee a copy of the cargo tank certificate of compliance, records of 
repair, modification, stretching, or rebarrelling; and the most recent 
inspection and test reports made under this section. Copies of such 
reports must be provided to the lessee if the cargo tank is leased for 
more than 30 days.

[Amdt. 180-2, 54 FR 25032, June 12, 1989, as amended at 55 FR 21038, May 
22, 1990; 55 FR 37069, Sept. 7, 1990; 56 FR 27879, June 17, 1991; 58 FR 
12905, Mar. 8, 1993; Amdt. 180-2, 59 FR 1786, Jan. 12, 1994; Amdt. 180-
10, 61 FR 51343, Oct. 1, 1996; 63 FR 52850, Oct. 1, 1998; 64 FR 28052, 
May 24, 1999; 65 FR 50463, Aug. 18, 2000; 67 FR 61016, Sept. 27, 2002; 
68 FR 19290, Apr. 18, 2003; 68 FR 52372, Sept. 3, 2003]