[Code of Federal Regulations]
[Title 49, Volume 2]
[Revised as of October 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR180.405]
[Page 1103-1109]
TITLE 49--TRANSPORTATION
CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION,
DEPARTMENT OF TRANSPORTATION
PART 180_CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
--Table of Contents
Subpart E_Qualification and Maintenance of Cargo Tanks
Sec. 180.405 Qualification of cargo tanks.
(a) General. Unless otherwise provided in this subpart, each cargo
tank used for the transportation of hazardous material must be an
authorized packaging.
(b) Cargo tank specifications.
(1) To qualify as an authorized packaging, each cargo tank must
conform
[[Page 1104]]
to this subpart, the applicable requirements specified in part 173 of
this subchapter for the specific lading, and where a DOT specification
cargo tank is required, an applicable specification in effect on the
date initial construction began: MC 300, MC 301, MC 302, MC 303, MC 304,
MC 305, MC 306, MC 307, MC 310, MC 311, MC 312, MC 330, MC 331, MC 338,
DOT 406, DOT 407, or DOT 412 (Sec. Sec. 178.337, 178.338, 178.345,
178.346, 178.347, 178.348 of this subchapter). However, except as
provided in paragraphs (b)(2), (d), (e), (f)(5), and (f)(6) of this
section, no cargo tank may be marked or certified after August 31, 1995,
to the applicable MC 306, MC 307, MC 312, MC 331, or MC 338
specification in effect on December 30, 1990.
(2) Exception. A cargo tank originally manufactured to the MC 306,
MC 307, or MC 312 specification may be recertified to the original
specification provided:
(i) Records are available verifying the cargo tank was originally
manufactured to the specification;
(ii) If the cargo tank was stretched, rebarrelled, or modified,
records are available verifying that the stretching, rebarrelling, or
modification was performed in accordance with the National Board
Inspection Code and this part;
(iii) A Design Certifying Engineer or Registered Inspector verifies
the cargo tank conforms to all applicable requirements of the original
specification and furnishes to the owner written documentation that
verifies the tank conforms to the original structural design
requirements in effect at the time the tank was originally constructed;
(iv) The cargo tank meets all applicable tests and inspections
required by Sec. 180.407(c); and
(v) The cargo tank is recertified to the original specification in
accordance with the reporting and record retention provisions of Sec.
180.417. The certification documents required by Sec. 180.417(a)(3)
must include both the date the cargo tank was originally certified to
the specification and the date it was recertified. The specification
plate on the cargo tank or the cargo tank motor vehicle must display the
date the cargo tank was originally certified to the specification.
(c) Cargo tank specifications no longer authorized for construction.
(1) A cargo tank made to a specification listed in column 1 of table 1
or table 2 of this paragraph (c)(1) may be used when authorized in this
part, provided--
(i) The cargo tank initial construction began on or before the date
listed in table 1, column 2, as follows:
Table 1
------------------------------------------------------------------------
Column 1 Column 2
------------------------------------------------------------------------
MC 300..................................... Sept. 2, 1967
MC 301..................................... June 12, 1961
MC 302, MC 303, MC 304, MC 305, MC 310, MC Sept. 2, 1967
311.
MC 330..................................... May 15, 1967
------------------------------------------------------------------------
(ii) The cargo tank was marked or certified before the date listed
in table 2, column 2, as follows:
Table 2
------------------------------------------------------------------------
Column 1 Column 2
------------------------------------------------------------------------
MC 306, MC 307, MC 312..................... Sept. 1, 1995
------------------------------------------------------------------------
(2) A cargo tank of a specification listed in paragraph (c)(1) of
this section may have its pressure relief devices and outlets modified
as follows:
(i) A Specification MC 300, MC 301, MC 302, MC 303, or MC 305 cargo
tank, to conform with a Specification MC 306 or DOT 406 cargo tank (See
Sec. Sec. 178.346-3 and 178.346-4 of this subchapter).
(ii) A Specification MC 306 cargo tank to conform to a Specification
DOT 406 cargo tank (See Sec. Sec. 178.346-3 and 178.346-4 of this
subchapter).
(iii) A Specification MC 304 cargo tank, to conform with a
Specification MC 307 or DOT 407 cargo tank (See Sec. Sec. 178.347-4 and
178.345-11 of this subchapter).
(iv) A Specification MC 307 cargo tank, to conform with a
Specification DOT 407 cargo tank (See Sec. Sec. 178.347-4 and 178.345-
11 of this subchapter).
(v) A Specification MC 310 or MC 311 cargo tank, to conform with a
Specification MC 312 or DOT 412 cargo tank (See Sec. Sec. 178.348-4 and
178.345-11 of this subchapter).
(vi) A Specification MC 312 cargo tank, to conform with a
Specification DOT 412 cargo tank (See Sec. Sec. 178.348-4 and 178.345-
11 of this subchapter).
(vii) A Specification MC 330 cargo tank, to conform with a
Specification
[[Page 1105]]
MC 331 cargo tank, except as specifically required by Sec. 173.315 of
this subchapter (see Sec. Sec. 178.337-8 and 178.337-9 of this
subchapter).
(d) MC 338 cargo tank. The owner of a cargo tank that conforms to
and was used under the terms of an exemption issued before October 1,
1984, that authorizes the transportation of a cryogenic liquid shall
remove the exemption number stenciled on the cargo tank and stamp the
specification plate (or a plate placed adjacent to the specification
plate) ``DOT MC 338'' followed by the exemption number, for example,
``DOT MC 338-E * * * *''. (Asterisks to be replaced by the exemption
number). The cargo tank must be remarked prior to the expiration date of
the exemption. During the period the cargo tank is in service, the owner
of a cargo tank that is remarked in this manner must retain at its
principal place of business a copy of the last exemption in effect. No
new construction of cargo tanks pursuant to such exemption is
authorized.
(1) The holding time must be determined, as required in Sec.
178.338-9 of this subchapter, on each cargo tank or on at least one
cargo tank of each design. Any subsequent cargo tank manufactured to the
same design type (see Sec. 178.320), if not individually tested, must
have the optional test regimen performed during the first shipment (see
Sec. 178.338-9 (b) and (c) of this subchapter).
(2) The holding time determined by test for one authorized cryogenic
liquid may be used as the basis for establishing the holding time for
other authorized cryogenic liquids.
(e) MC 331 cargo tanks. The owner of a MC 331 (Sec. 178.337 of this
subchapter) cargo tank that conforms to and was used under an exemption
issued before October 1, 1984, that authorizes the transportation of
ethane, refrigerated liquid; ethane-propane mixture, refrigerated
liquid; or hydrogen chloride, refrigerated liquid shall remove the
exemption number stenciled on the cargo tank and stamp the exemption
number on the specification plate (or a plate placed adjacent to the
specification plate), immediately after the DOT Specification, for
example, ``DOT MC 331-E * * * *''. (Asterisks to be replaced by the
exemption number.) The cargo tank must be remarked prior to the
expiration date of the exemption. During the period the cargo tank is in
service, the owner of a cargo tank that is remarked in this manner must
retain at the owner's principal place of business a copy of the last
exemption in effect.
(f) MC 306, MC 307, MC 312 cargo tanks. Either a Registered
Inspector or a Design Certifying Engineer and the owner of a MC 306, MC
307 or MC 312 cargo tank motor vehicle constructed in accordance with
and used under an exemption issued before December 31, 1990, that
authorizes a condition specified in this paragraph shall examine the
cargo tank motor vehicle and its design to determine if it meets the
requirements of the applicable MC 306, MC 307 or MC 312 specification in
effect at the time of manufacture, except as specified herein.
(1) A cargo tank motor vehicle constructed after August 1, 1981, or
the date specified in the applicable exemption, in conformance with the
following conditions that apply, may be remarked and certified in
accordance with paragraphs (f) (5) and (6) of this section:
(i) A vacuum-loaded cargo tank must have an ASME Code stamped
specification plate marked with a minimum internal design pressure of 25
psig, and be designed for a minimum external design pressure of 15 psig.
(ii) An outlet equipped with a self-closing system which includes an
external stop-valve must have the stop valve and associated piping
protected within the vehicle's rear-end tank protection device, vehicle
frame or an equally adequate accident damage protection device (See
Sec. 178.345-8 of this subchapter.) The self-closing system (See Sec.
178.345-11 of this subchapter) must be equipped with a remotely actuated
means of closure as follows:
(A) For a cargo tank used in other than corrosive service, the
remote means of closure must be activated for closure by manual or
mechanical means and, in case of fire, by an automatic heat activated
means.
(B) For a cargo tank used in corrosive service, the remote means of
closure may be actuated by manual or mechanical means only.
[[Page 1106]]
(iii) A cargo tank having an unreinforced portion of the shell
exceeding 60 inches must have the circumferential reinforcement located
so that the thickness and tensile strength of shell material in
combination with the frame and circumferential reinforcement produces a
structural integrity at least equal to that prescribed in Sec. 178.345-
3 of this subchapter or the specification in effect at time of
manufacture.
(iv) A cargo tank having a projection from the tank shell or head
that may contain lading in any tank position is authorized, provided
such projection is as strong as the tank shell or head and is located
within the motor vehicle's rear-end tank protection or other appropriate
accident damage protection device.
(v) A cargo tank may be constructed of nickel, titanium, or other
ASME sheet or plate materials in accordance with an exemption.
(2) A vacuum-loaded cargo tank constructed after August 1, 1981, or
the date specified in the applicable exemption, in conformance with
paragraph (f)(1) of this section, except that an outlet equipped with an
external valve which is not part of a self-closing system:
(i) Must be equipped with a self-closing system prior to September
1, 1993.
(ii) May be remarked and certified in accordance with paragraphs
(f)(5) and (6) of this section after the cargo tank motor vehicle has
been equipped with the self-closing system.
(3) A vacuum-loaded cargo tank constructed prior to August 1, 1981,
in conformance with paragraph (f)(1) of this section, except for
paragraph (f)(1)(i), may be remarked and certified in accordance with
paragraphs (f) (5) and (6) of this section.
(4) A vacuum-loaded cargo tank constructed prior to August 1, 1981,
in conformance with paragraph (f)(1) of this section, except for
paragraph (f)(1)(i) of this section, and except that an outlet is
equipped with an external valve which is not part of a self-closing
system:
(i) Must be equipped with a self-closing system prior to September
1, 1993.
(ii) May be remarked and certified in accordance with paragraphs
(f)(5) and (6) of this section after the cargo tank motor vehicle has
been equipped with the self-closing system.
(5) The owner of a cargo tank for which a determination has been
made that the cargo tank is in conformance with paragraph (f) (1), (2),
(3), or (4) of this section shall complete a written certification, in
English, signed by the owner and containing at least the following
information:
(i) A statement certifying that each cargo tank conforms to Sec.
180.405 (f) (1), (2), (3), or (4);
(ii) The applicable DOT exemption number, the applicable
specification number and the owner's and manufacturer's serial number
for the cargo tank;
(iii) A statement setting forth any modifications made to bring the
cargo tank into conformance with Sec. 180.405(f) (1), (2), (3), or (4),
or the applicable specification;
(iv) A statement identifying the person certifying the cargo tank
and the date of certification.
(6) The owner of a certified cargo tank shall remove the exemption
number stenciled on the cargo tank and shall durably mark the
specification plate (or a plate placed adjacent to the specification
plate) ``MC +++-E ****'' (where
``+++'' is to be replaced by the applicable specification number, ``* *
* *'' by the exemption number and ``
'' by the alloy.)
(7) A cargo tank remarked and certified in conformance with this
paragraph (f) is excepted from the provisions of Sec. 180.405(c).
(8) During the period the cargo tank is in service, and for one year
thereafter, the owner of a cargo tank that is certified and remarked in
this manner must retain on file at its principal place of business a
copy of the certificate and the last exemption in effect.
(g) Cargo tank manhole assemblies. (1) MC 306, MC 307, and MC 312
cargo tanks marked or certified after December 30, 1990, and DOT 406,
DOT 407, and DOT 412 cargo tank motor vehicles must be equipped with
manhole assemblies conforming with Sec. 178.345-5 of this subchapter.
[[Page 1107]]
(2) On or before August 31, 1995, each owner of a cargo tank marked
or certified before December 31, 1990, authorized for the transportation
of a hazardous material, must have the cargo tank equipped with manhole
assemblies conforming with Sec. 178.345-5, except for the dimensional
requirements in Sec. 178.345-5(a), the hydrostatic testing requirements
in Sec. 178.345-5(b), and the marking requirements in Sec. 178.345-
5(e) of this subchapter. A manhole assembly meeting one of the following
provisions is considered to be in compliance with this paragraph:
(i) Manhole assemblies on MC 300, MC 301, MC 302, MC 303, MC 305, MC
306, MC 310, MC 311, and MC 312 cargo tanks that are marked or certified
in writing as conforming to Sec. 178.345-5 of this subchapter or TTMA
RP No. 61-98 (incorporated by reference; see Sec. 171.7 of this
subchapter), or are tested and certified in accordance with TTMA TB No.
107 (incorporated by reference; see Sec. 171.7 of this subchapter).
(ii) Manhole assemblies on MC 304 and MC 307 cargo tanks.
(iii) Manhole assemblies on MC 310, MC 311, and MC 312 cargo tanks
with a test pressure of 36 psig or greater.
(3) [Reserved]
(h) Pressure relief system. Properly functioning reclosing pressure
relief valves and frangible or fusible vents need not be replaced.
However, replacement of reclosing pressure relief valves on MC-
specification cargo tanks is authorized subject to the following
requirements:
(1) Until August 31, 1998, the owner of a cargo tank may replace a
reclosing pressure relief device with a device which is in compliance
with the requirements for pressure relief devices in effect at the time
the cargo tank specification became superseded. If the pressure relief
device is installed as an integral part of a manhole cover assembly, the
manhole cover must comply with the requirements of paragraph (g) of this
section.
(2) After August 31, 1998, replacement for any reclosing pressure
relief valve must be capable of reseating to a leak-tight condition
after a pressure surge, and the volume of lading released may not exceed
1 L. Specific performance requirements for these pressure relief valves
are set forth in Sec. 178.345-10(b)(3) of this subchapter.
(3) As provided in paragraph (c)(2) of this section, the owner of a
cargo tank may elect to modify reclosing pressure relief devices to more
recent cargo tank specifications. However, replacement devices
constructed to the requirements of Sec. 178.345-10 of this subchapter
must provide the minimum venting capacity required by the original
specification to which the cargo tank was designed and constructed.
(i) Flammable cryogenic liquids. Each cargo tank used to transport a
flammable cryogenic liquid must be examined after each shipment to
determine its actual holding time (See Sec. 173.318(g)(3) of this
subchapter.)
(j) Withdrawal of certification. A specification cargo tank that for
any reason no longer meets the applicable specification may not be used
to transport hazardous materials unless the cargo tank is repaired and
retested in accordance with Sec. Sec. 180.413 and 180.407 prior to
being returned to hazardous materials service. If the cargo tank is not
in conformance with the applicable specification requirements, the
specification plate on the cargo tank must be removed, obliterated or
securely covered. The details of the conditions necessitating withdrawal
of the certification must be recorded and signed on the written
certificate for that cargo tank. The vehicle owner shall retain the
certificate for at least 1 year after withdrawal of the certification.
(k) DOT-specification cargo tank with no marked design pressure or a
marked design pressure of less than 3 psig. The owner of an MC 300, MC
301, MC 302, MC 303, MC 305, MC 306, or MC 312 cargo tank with a
pressure relief system set at 3 psig, must mark or remark the cargo tank
with an MAWP or design pressure of not less than 3 psig.
(l) MC 300, MC 301, MC 302, MC 303, MC 305, MC 306 cargo tank--Rear
accident damage protection. (1) Notwithstanding the requirements in
Sec. 180.405(b), the applicable specification requirement for a rear
bumper or rear-end tank protection device on MC 300, MC 301, MC 302, MC
303, MC 305, and MC 306 cargo tanks does not apply to a cargo tank truck
(power unit) until July 1, 1992, if the cargo tank truck--
[[Page 1108]]
(i) Was manufactured before July 1, 1989;
(ii) Is used to transport gasoline or any other petroleum distillate
product; and
(iii) Is operated in combination with a cargo tank full trailer.
However, an empty cargo tank truck, without a cargo tank full trailer
attached, may be operated without the required rear bumper or rear-end
tank protection device on a one-time basis while being transported to a
repair facility for installation of a rear bumper or rear-end protection
device.
(2) Each cargo tank shall be provided with a rear accident damage
protection device to protect the tank and piping in the event of a rear-
end collision and reduce the likelihood of damage which could result in
the loss of lading. The rear-end protection device must be in the form
of a rear-end tank protection device meeting the requirements of Sec.
178.345-8(d) or a rear bumper meeting the following:
(i) The bumper shall be located at least 6 inches to the rear of any
vehicle component used for loading or unloading or that may contain
lading while the vehicle is in transit.
(ii) The dimensions of the bumper shall conform to Sec. 393.86 of
this title.
(iii) The structure of the bumper must be designed in accordance
with Sec. 178.345-8(d)(3) of this subchapter.
(m) Specification MC 330, MC 331 cargo tank motor vehicles, and
nonspecification cargo tank motor vehicles conforming to Sec.
173.315(k) of this subchapter, intended for use in the transportation of
liquefied compressed gases. (1) No later than the date of its first
scheduled pressure test after July 1, 2001, each specification MC 330
and MC 331 cargo tank motor vehicle, and each nonspecification cargo
tank motor vehicle conforming to Sec. 173.315(k) of this subchapter,
marked and certified before July 1, 2001, that is used to transport a
Division 2.1 material, a Division 2.2 material with a subsidiary hazard,
a Division 2.3 material, or anhydrous ammonia must have an emergency
discharge control capability as specified in Sec. 173.315(n) of this
subchapter. Each passive shut-off system installed prior to July 1,
2001, must be certified by a Design Certifying Engineer that it meets
the requirements of Sec. 173.315(n)(2) of this subchapter.
(2) The requirement in paragraph (m)(1) of this section does not
apply to a cargo tank equal to or less than 13,247.5 L (3,500 gallons)
water capacity transporting in metered delivery service a Division 2.1
material, a Division 2.2 material with a subsidiary hazard, or anhydrous
ammonia equipped with an off-truck remote shut-off device that was
installed prior to July 1, 2000. The device must be capable of stopping
the transfer of lading by operation of a transmitter carried by a
qualified person attending unloading of the cargo tank. The device is
subject to the requirement in Sec. 177.840(o) of this subchapter for a
daily test at 45.72 meters (150 feet).
(3) Each specification MC 330 and MC 331 cargo tank in metered
delivery service of greater than 13,247.5 L (3,500 gallons) water
capacity transporting a Division 2.1 material, a Division 2.2 material
with a subsidiary hazard, or anhydrous ammonia, marked and certified
before July 1, 1999, must have an emergency discharge control capability
as specified in Sec. Sec. 173.315(n) and 177.840 of this subchapter no
later than the date of its first scheduled pressure test after July 1,
2001, or July 1, 2003, whichever is earlier.
(n) Thermal activation. No later than the date of its first
scheduled leakage test after July 1, 1999, each specification MC 330 or
MC 331 cargo tank motor vehicle and each nonspecification cargo tank
motor vehicle conforming to Sec. 173.315(k) of this subchapter, marked
and certified before July 1, 1999, that is used to transport a liquefied
compressed gas, other than carbon dioxide and chlorine, that has a water
capacity of 13,247.5 L (3,500 gallons) or less must be equipped with a
means of thermal activation for the internal self-closing stop valve as
specified in Sec. 178.337-8(a)(4) of this subchapter.
(o) On-truck remote control of self-closing stop valves--MC 330, MC
331, and MC 338. On or before October 2, 2006--
(1) Each owner of an MC 330 or MC 331 cargo tank motor vehicle
marked or certified before January 1, 1995, must
[[Page 1109]]
equip the cargo tank with an on-vehicle remote means of closure of the
internal self-closing stop valve in conformance with Sec. 178.337-
8(a)(4) of this subchapter. This requirement does not apply to cargo
tanks used only for carbon dioxide and marked ``For carbon dioxide
only'' or intended for use in chlorine service only.
(2) Each owner of an MC 338 cargo tank motor vehicle marked or
certified before January 1, 1995, must equip each remotely controlled
shutoff valve with an on-vehicle remote means of automatic closure in
conformance with Sec. 178.338-11(c) of this subchapter. This
requirement does not apply to cargo tanks used for the transportation of
argon, carbon dioxide, helium, krypton, neon, nitrogen, or xenon, or
mixtures thereof.
[Amdt. 180-2, 54 FR 25032, June 12, 1989
Editorial Note: For Federal Register citations affecting Sec.
180.405, see the List of CFR Sections Affected which appears in the
Finding Aids section of the printed volume and on GPO Access.