# Harmon Tank Company, Inc. — Hazardous Materials Safety Interpretation

- **operation:** document
- **citation:** 01-0027
- **title:** Harmon Tank Company, Inc. — Hazardous Materials Safety Interpretation
- **source type:** guidance
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** guidance
- **official:** true
- **published on:** 2001-02-09
- **effective on:** Not available
- **summary:** 01-0027 response to Harmon Tank Company, Inc. concerning 180.407.
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-interpretation-01-0027.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-interpretation-01-0027.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-interpretation-01-0027
- **source url:** https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2001/010027.pdf
**body:**

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or transportations
400 Seventh St., S.W
Washington, D.C. 20590
Special Programs
research and
Administration
FEB - 9 2001
Mr. Loy McGee
Ref. No: 01-0027
Harmon Tank Company, Inc.
P.O. Box 2068
Lubbock, Texas 79408
Dear Mr. McGee:
This responds to your request for clarification of the periodic inspection and test requirements for
non-specification cargo tanks authorized under the Hazardous Materials Regulations (HMR; 49
CFR Parts 171-180). Specifically, you ask about inspection and retest requirements for non-
specification cargo tanks authorized to transport flammable liquid petroleum products in
intrastate commerce.
As you note, § 173.8 of the HMR permits an intrastate motor carrier to transport flammable
liquid petroleum products in a non-specification cargo tank having a capacity of 3,500 water
gallons or less provided the conditions listed in paragraph (d) of § 173.8 are met. Beginning
July 1, 2000, such non-specification cargo tanks must conform to all periodic test and inspection
requirements applicable to DOT specification MC 306 cargo tanks, except for those listed in
§ 180.405(g) (see § 173.8(d)(6)). The non-specification cargo tank need not be retrofitted to
meet the MC 306 specification, but operators must adhere to the same inspection and testing
schedule as outlined for an MC 306 specification cargo tank. The operator must complete only
the inspections and tests applicable to the tank itself and the equipment and appurtenances
installed on the tank. In the example you provide, a non-specification cargo tank that is not
equipped with self-closing stop valves, remote closures, or similar emergency devices and valves
is not required to meet the inspection and testing requirements applicable to such devices.
I hope this information is helpful. If you have any questions, please do not hesitate to contact
this office.
Sincerely,
Thomas. all.
Thomas G. Allan
Senior Transportation Regulations Specialist
Office of Hazardous Materials Standards
010027

<<<PAGE 2>>>

Gorsky
$180.407
Cargo
Tanks
Re: Required inspection of non-specification fuel delivery trucks in intrastate service:
Inspection
Request for Clarification:>
01-0027
Our question is in reference to the following paragraphs from 49CFR:
§ 173.8 Exceptions for non-specification packagings used in intrastate transportation.
...(b) Non-specification cargo tanks for petroleum products. Notwithstanding requirements for
specification packagings in subpart F of this part and parts 178 and 180 of this subchapter, a non-
specification cargo tank motor vehicle having a capacity of less than 13,250 liters (3,500 gallons)
may be used by an intrastate motor carrier for transportation of a flammable liquid petroleum
product in accordance with the provisions of paragraph (d) of this section.
.. d) Additional requirements. A packaging used under the provisions of paragraphs (a), (b) or
(c) of this section must—
...(6) On and after July 1, 2000, for a tank authorized under paragraph (b) or (c) of this section,
conform to all requirements in part 180 (except for § 180.405(g)) of this subchapter in the same
manner as required for a DOT specification MC 306 cargo tank motor vehicle.
§ 180.407 Requirements for test and inspection of specification cargo tanks.
...(d) External visual inspection and testing. ...
...(2) The external visual inspection and testing must include as a minimum the following:
devices must be free from corrosion, distortion, erosion and any external damage that will prevent safe operation.
...(iv) All emergency devices and valves including self-closing stop valves, excess flow valves and remote closure
Remote closure devices and self-closing stop valves must be functioned to demonstrate proper operation;
How can we inspect the condition and function of valves and devices that are not installed in
most existing non-specification delivery tanks?
Thank you for your help,
Loy McGee
Harmon Tank Company, Inc.
(Ald iss in sloand paye
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