[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: 49CFR180.417]



[Page 1122-1124]

 

                        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. 180.417  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



[[Page 1123]]



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 

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 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) 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) ASME or National Board Certificate of Authorization number of 

facility performing repairs, if applicable;

    (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.



[[Page 1124]]



    (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, 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; 69 FR 54047, 

Sept. 7, 2004; 70 FR 34077, June 13, 2005]