49 CFR 178.338-19 - Certification. | Title 49 - Transportation | Code of Federal Regulations

§ 178.338-19

Certification.

(a) At or before the time of delivery, the manufacturer of a cargo tank motor vehicle shall furnish to the owner of the completed vehicle the following:

(1) The tank manufacturer's data report as required by the ASME Code (IBR, see § 171.7 of this subchapter), and a certificate bearing the manufacturer's vehicle serial number stating that the completed cargo tank motor vehicle conforms to all applicable requirements of Specification MC 338, including Section VIII of the ASME Code (IBR, see § 171.7 of this subchapter) in effect on the date (month, year) of certification. The registration numbers of the manufacturer, the Design Certifying Engineer, and the Registered Inspector, as appropriate, must appear on the certificates (see subpart F, part 107 in subchapter B of this chapter).

(2) A photograph, pencil rub, or other facsimile of the plates required by paragraphs (a) and (b) of § 178.338-18.

(b) In the case of a cargo tank vehicle manufactured in two or more stages, each manufacturer who performs a manufacturing operation on the incomplete vehicle or portion thereof shall furnish to the succeeding manufacturer, at or before the time of delivery, a certificate covering the particular operation performed by that manufacturer, and any certificates received from previous manufacturers, Registered Inspectors, and Design Certifying Engineers. The certificates must include sufficient sketches, drawings, and other information to indicate the location, make, model and size of each valve and the arrangement of all piping associated with the tank. Each certificate must be signed by an official of the manufacturing firm responsible for the portion of the complete cargo tank vehicle represented thereby, such as basic tank fabrication, insulation, jacket, or piping. The final manufacturer shall furnish the owner with all certificates, as well as the documents required by paragraph (a) of this section.

(c) The owner shall retain the data report, certificates, and related papers throughout his ownership of the cargo tank. In the event of change of ownership, the prior owner shall retain non-fading photographically reproduced copies of these documents for at least one year. Each operator using the cargo tank vehicle, if not the owner thereof, shall obtain a copy of the data report and the certificate or certificates and retain them during the time he uses the cargo tank and for at least one year thereafter.

(Approved by the Office of Management and Budget under control number 2137-0017)

[Amdt. 178-77, 48 FR 27707 and 27713, June 16, 1983, as amended by Amdt. 178-89, 55 FR 37058, Sept. 7, 1990; Amdt. 178-99, 58 FR 51534, Oct. 1, 1993; 62 FR 51561, Oct. 1, 1997; 68 FR 75755, Dec. 31, 2003]

Title 49 published on 2012-10-01

The following are only the Rules published in the Federal Register after the published date of Title 49.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

2013-03-25; vol. 78 # 57 - Monday, March 25, 2013

78 FR 17875 - Hazardous Materials: Miscellaneous Petitions for Rulemaking (RRR)

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	C1-2013-04197
RIN	2137-AE79
Docket No.	PHMSA-2011-0142 (HM-219)

DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 172, 173, 176, 178

Summary

2013-03-11; vol. 78 # 47 - Monday, March 11, 2013

78 FR 15303 - Hazardous Materials; Miscellaneous Amendments (RRR)

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-04198
RIN	2137-AE78
Docket No.	PHMSA-2011-0138 (HM-218G)

DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration

Final rule.

Effective Date: This rule is effective May 10, 2013. Voluntary Compliance Date: Voluntary compliance with all amendments is authorized March 11, 2013.

49 CFR Parts 105, 171, 172, 173, 177, 178, and 180

Summary

PHMSA is amending the Hazardous Materials Regulations (HMR) to make miscellaneous amendments to update and clarify certain regulatory requirements. These amendments promote safer transportation practices, eliminate unnecessary regulatory requirements, address a petition for rulemaking, incorporate a special permit into the HMR, facilitate international commerce, and simplify the regulations. These amendments also update various entries in the Hazardous Materials Table (HMT) and corresponding special provisions, clarify the lab pack requirements for temperature-controlled materials, and require hazmat employers to make hazmat employee training records available upon request to an authorized official of the Department of Transportation (DOT) or an entity explicitly granted authority to enforce the HMR.

2013-03-07; vol. 78 # 45 - Thursday, March 7, 2013

78 FR 14702 - Hazardous Materials: Miscellaneous Petitions for Rulemaking (RRR)

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-04197
RIN	2137-AE79
Docket No.	PHMSA-2011-0142 (HM-219)

DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration

Final rule.

Effective Date: This rule is effective May 6, 2013. Voluntary Compliance Date: Voluntary compliance with all amendments is authorized March 7, 2013.

49 CFR Parts 172, 173, 176, and 178

Summary

PHMSA is amending the Hazardous Materials Regulations in response to petitions for rulemaking submitted by the regulated community to update, clarify, or provide relief from miscellaneous regulatory requirements. Specifically, PHMSA is amending the recordkeeping and package marking requirements for third-party labs and manufacturers to assure the traceability of packaging; removing the listing for “NA1203, Gasohol, gasoline mixed with ethyl alcohol, with not more than 10% alcohol”; harmonizing internationally and providing a limited quantity exception for Division 4.1, Self-reactive solids and Self-reactive liquids Types B through F; allowing smokeless powder classified as a Division 1.4C material to be reclassified as a Division 4.1 material; and providing greater flexibility by allowing the Dangerous Cargo Manifest to be in locations designated by the master of the vessel besides “on or near the vessel's bridge” while the vessel is in a United States port.

2013-01-07; vol. 78 # 4 - Monday, January 7, 2013

78 FR 1101 - Hazardous Materials: Harmonization With the United Nations Recommendations on the Transport of Dangerous Goods: Model Regulations, International Maritime Dangerous Goods Code, and the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-31242
RIN	2137-AE83
Docket No.	PHMSA-2009-0126 (HM-215K)

DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration

Final rule.

Effective: January 1, 2013.

49 CFR Parts 171, 172, 173, 175, 176 and 178

Summary

This document responds to administrative appeals generated as a result of certain amendments adopted in an international harmonization final rule published on January 19, 2011. The January 19, 2011 final rule amended the Hazardous Materials Regulations (HMR) by revising, removing or adding proper shipping names, the hazard class of a material, packing group assignments, special provisions, packaging authorizations, packaging sections, air transport quantity limitations, and vessel stowage requirements. The amendments were necessary to align the HMR with recent revisions to international standards for the transport of hazardous materials by all modes. In this final rule, PHMSA amends the HMR as a result of administrative appeals submitted in response to various amendments adopted in the January 19, 2011 final rule. This document also addresses recent actions taken by the International Civil Aviation Organization's (ICAO) Dangerous Goods Panel (DGP) regarding certain lithium ion battery-powered mobility aids (e.g., wheelchairs, travel scooters) offered by passengers for air transport and passenger notification of hazardous materials restrictions by operators. Further, this final rule adopts amendments to the HMR as a result of two administrative appeals submitted by an appellant in response to a final rule published February 2, 2010, that revised shipper responsibilities related to packaging design variation, manufacturer notification, and recordkeeping requirements for certain packaging types.

78 FR 988 - Hazardous Materials: Harmonization with International Standards (RRR)

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-31243
RIN	2137-AE87
Docket No.	s. PHMSA-2012-0027 (HM-215L)

DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration

Final rule.

Effective Date: January 1, 2013. Voluntary compliance date: PHMSA is authorizing voluntary compliance beginning January 1, 2013. Delayed compliance date: Unless otherwise specified, compliance with the amendments adopted in this final rule is required beginning January 1, 2014. Incorporation by reference date: The incorporation by reference of certain publications listed in this rule is approved by the Director of the Federal Register as of January 1, 2013.

49 CFR Parts 171, 172, 173, 175, 176, 177, and 178

Summary

PHMSA is amending the Hazardous Materials Regulations to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions are necessary to harmonize the Hazardous Materials Regulations (HMR) with recent changes made to the International Maritime Dangerous Goods (IMDG) Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), and the United Nations Recommendations on the Transport of Dangerous Goods—Model Regulations (UN Model Regulations) and address a petition for rulemaking.

2012-10-05; vol. 77 # 194 - Friday, October 5, 2012

77 FR 60935 - Hazardous Materials: Minor Editorial Corrections and Clarifications (RRR)

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-24263
RIN	2137-AE90
Docket No.	PHMSA-2012-0080 (HM-244E)

DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration

Final rule.

Effective: October 5, 2012. Incorporation by reference date: The incorporation by reference of certain publications listed in this rule was approved by the Director of the Federal Register as of September 11, 2006.

49 CFR Parts 107, 171, 172, 173, 175, 178, and 179

Summary

This final rule corrects editorial errors, makes minor regulatory changes and, in response to requests for clarification, improves the clarity of certain provisions in the Hazardous Materials Regulations. The intended effect of this rule is to enhance the accuracy and reduce misunderstandings of the regulations. The amendments contained in this rule are non-substantive changes and do not impose new requirements.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code

USC : Title 49 - TRANSPORTATION

§ 5101 - Purpose

§ 5102 - Definitions

§ 5103 - General regulatory authority

§ 5103a - Limitation on issuance of hazmat licenses

§ 5104 - Representation and tampering

§ 5105 - Transporting certain highly radioactive material

§ 5106 - Handling criteria

§ 5107 - Hazmat employee training requirements and grants

§ 5108 - Registration

§ 5109 - Motor carrier safety permits

§ 5110 - Shipping papers and disclosure

§ 5111 - Repealed.

§ 5112 - Highway routing of hazardous material

§ 5113 - Unsatisfactory safety rating

§ 5114 - Air transportation of ionizing radiation material

§ 5115 - Training curriculum for the public sector

§ 5116 - Planning and training grants, monitoring, and review

§ 5117 - Special permits and exclusions

§ 5118 - Repealed.

§ 5119 - Uniform forms and procedures

§ 5120 - International uniformity of standards and requirements

§ 5121 - Administrative

§ 5122 - Enforcement

§ 5123 - Civil penalty

§ 5124 - Criminal penalty

§ 5125 - Preemption

§ 5126 - Relationship to other laws

§ 5127 - Judicial review

§ 5128 - Authorization of appropriations

Title 49 published on 2012-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 49 CFR 178 after this date.

2013-03-25; vol. 78 # 57 - Monday, March 25, 2013

78 FR 17875 - Hazardous Materials: Miscellaneous Petitions for Rulemaking (RRR)

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	C1-2013-04197
RIN	2137-AE79
Docket No.	PHMSA-2011-0142 (HM-219)

DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 172, 173, 176, 178

Summary

2013-03-11; vol. 78 # 47 - Monday, March 11, 2013

78 FR 15303 - Hazardous Materials; Miscellaneous Amendments (RRR)

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-04198
RIN	2137-AE78
Docket No.	PHMSA-2011-0138 (HM-218G)

DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration

Final rule.

Effective Date: This rule is effective May 10, 2013. Voluntary Compliance Date: Voluntary compliance with all amendments is authorized March 11, 2013.

49 CFR Parts 105, 171, 172, 173, 177, 178, and 180

Summary

PHMSA is amending the Hazardous Materials Regulations (HMR) to make miscellaneous amendments to update and clarify certain regulatory requirements. These amendments promote safer transportation practices, eliminate unnecessary regulatory requirements, address a petition for rulemaking, incorporate a special permit into the HMR, facilitate international commerce, and simplify the regulations. These amendments also update various entries in the Hazardous Materials Table (HMT) and corresponding special provisions, clarify the lab pack requirements for temperature-controlled materials, and require hazmat employers to make hazmat employee training records available upon request to an authorized official of the Department of Transportation (DOT) or an entity explicitly granted authority to enforce the HMR.

2013-03-07; vol. 78 # 45 - Thursday, March 7, 2013

78 FR 14702 - Hazardous Materials: Miscellaneous Petitions for Rulemaking (RRR)

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-04197
RIN	2137-AE79
Docket No.	PHMSA-2011-0142 (HM-219)

DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration

Final rule.

Effective Date: This rule is effective May 6, 2013. Voluntary Compliance Date: Voluntary compliance with all amendments is authorized March 7, 2013.

49 CFR Parts 172, 173, 176, and 178

Summary

PHMSA is amending the Hazardous Materials Regulations in response to petitions for rulemaking submitted by the regulated community to update, clarify, or provide relief from miscellaneous regulatory requirements. Specifically, PHMSA is amending the recordkeeping and package marking requirements for third-party labs and manufacturers to assure the traceability of packaging; removing the listing for “NA1203, Gasohol, gasoline mixed with ethyl alcohol, with not more than 10% alcohol”; harmonizing internationally and providing a limited quantity exception for Division 4.1, Self-reactive solids and Self-reactive liquids Types B through F; allowing smokeless powder classified as a Division 1.4C material to be reclassified as a Division 4.1 material; and providing greater flexibility by allowing the Dangerous Cargo Manifest to be in locations designated by the master of the vessel besides “on or near the vessel's bridge” while the vessel is in a United States port.

2013-01-07; vol. 78 # 4 - Monday, January 7, 2013

78 FR 1101 - Hazardous Materials: Harmonization With the United Nations Recommendations on the Transport of Dangerous Goods: Model Regulations, International Maritime Dangerous Goods Code, and the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-31242
RIN	2137-AE83
Docket No.	PHMSA-2009-0126 (HM-215K)

DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration

Final rule.

Effective: January 1, 2013.

49 CFR Parts 171, 172, 173, 175, 176 and 178

Summary

This document responds to administrative appeals generated as a result of certain amendments adopted in an international harmonization final rule published on January 19, 2011. The January 19, 2011 final rule amended the Hazardous Materials Regulations (HMR) by revising, removing or adding proper shipping names, the hazard class of a material, packing group assignments, special provisions, packaging authorizations, packaging sections, air transport quantity limitations, and vessel stowage requirements. The amendments were necessary to align the HMR with recent revisions to international standards for the transport of hazardous materials by all modes. In this final rule, PHMSA amends the HMR as a result of administrative appeals submitted in response to various amendments adopted in the January 19, 2011 final rule. This document also addresses recent actions taken by the International Civil Aviation Organization's (ICAO) Dangerous Goods Panel (DGP) regarding certain lithium ion battery-powered mobility aids (e.g., wheelchairs, travel scooters) offered by passengers for air transport and passenger notification of hazardous materials restrictions by operators. Further, this final rule adopts amendments to the HMR as a result of two administrative appeals submitted by an appellant in response to a final rule published February 2, 2010, that revised shipper responsibilities related to packaging design variation, manufacturer notification, and recordkeeping requirements for certain packaging types.

78 FR 988 - Hazardous Materials: Harmonization with International Standards (RRR)

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-31243
RIN	2137-AE87
Docket No.	s. PHMSA-2012-0027 (HM-215L)

DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration

Final rule.

Effective Date: January 1, 2013. Voluntary compliance date: PHMSA is authorizing voluntary compliance beginning January 1, 2013. Delayed compliance date: Unless otherwise specified, compliance with the amendments adopted in this final rule is required beginning January 1, 2014. Incorporation by reference date: The incorporation by reference of certain publications listed in this rule is approved by the Director of the Federal Register as of January 1, 2013.

49 CFR Parts 171, 172, 173, 175, 176, 177, and 178

Summary

PHMSA is amending the Hazardous Materials Regulations to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations, and vessel stowage requirements. These revisions are necessary to harmonize the Hazardous Materials Regulations (HMR) with recent changes made to the International Maritime Dangerous Goods (IMDG) Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), and the United Nations Recommendations on the Transport of Dangerous Goods—Model Regulations (UN Model Regulations) and address a petition for rulemaking.

2012-10-22; vol. 77 # 204 - Monday, October 22, 2012

77 FR 64450 - Hazardous Materials: Incorporation of Certain Special Permits and Competent Authorities Into Regulations

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-25853
RIN	2137-AE82
Docket No.	PHMSA-2011-0158 (HM-233C)

DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration

Notice of proposed rulemaking (NPRM).

Written comments should be submitted on or before December 21, 2012.

49 CFR Parts 107, 172, 173, 175, and 178

Summary

The Pipeline and Hazardous Materials Safety Administration is proposing to amend the Hazardous Materials Regulations to incorporate provisions contained in certain widely used or longstanding special permits and certain competent authority approvals (“approvals”) that have established safety records. Special permits allow a company or individual to package or ship a hazardous material in a manner that varies from the regulations provided an equivalent level of safety is maintained. An approval is a written consent (document) required under an international standard (i.e., International Maritime Dangerous Goods (IMDG) Code, International Civil Aviation Organization (ICAO)), or is specifically provided for in the HMR, and is issued by the Associate Administrator for Hazardous Materials Safety. These proposed revisions are intended to provide wider access to the regulatory flexibility offered in special permits and approvals and eliminate the need for numerous renewal requests, reducing paperwork burdens and facilitating commerce while maintaining an appropriate level of safety. Additionally, this rulemaking will address three petitions for rulemaking regarding the continued use of renewal applications for long standing special permits.

2012-10-05; vol. 77 # 194 - Friday, October 5, 2012

77 FR 60935 - Hazardous Materials: Minor Editorial Corrections and Clarifications (RRR)

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-24263
RIN	2137-AE90
Docket No.	PHMSA-2012-0080 (HM-244E)

DEPARTMENT OF TRANSPORTATION, Pipeline and Hazardous Materials Safety Administration

Final rule.

Effective: October 5, 2012. Incorporation by reference date: The incorporation by reference of certain publications listed in this rule was approved by the Director of the Federal Register as of September 11, 2006.

49 CFR Parts 107, 171, 172, 173, 175, 178, and 179

Summary

This final rule corrects editorial errors, makes minor regulatory changes and, in response to requests for clarification, improves the clarity of certain provisions in the Hazardous Materials Regulations. The intended effect of this rule is to enhance the accuracy and reduce misunderstandings of the regulations. The amendments contained in this rule are non-substantive changes and do not impose new requirements.

49 CFR 178.338-19 - Certification.

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