{"operation":"document","citation":"01-0193","title":"Quality Distribution — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2001-08-06","effective_on":null,"summary":"01-0193 response to Quality Distribution concerning 180.417.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0193.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0193.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0193","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2001/010193.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWashington, D.C.\n400 Seventh Street, S.W.\n20590\nResearch and\nAdministration\nspecial Programs\nAUG - 6 2001\nMr. Charles Boudin\nQuality Distribution\nRef. No. 01-0193\n3802 Corporex Park Drive\nampa, Florida 33619\nDear Mr. Boudin:\nThis responds to your request to Mr. William Quade, Chief, Hazardous Materials Division,\nfederal Motor Carrier Safety Administration, for an interpretation related to cargo tank test and\ninspection report retention requirements specified in the Hazardous Materials Regulations\n(MR; 49 CFR Parts 171-180). Specifically, you ask for clarification of the exception from the\nrequirement to retain copies of test and inspection reports for a motor carrier leasing a cargo tank\nfor fewer than 30 days.\nYou describe a common arrangement in the chemical industry under which a motor carrier agrees\nto transport a shipper's cargo tank without a formal lease for the tank. The agreement between\nshipper and carrier may cover transportation of a single load or several loads during which the\ncarrier operates the cargo tank for a period under 30 days. Alternatively, the agreement may\ncover transportation of multiple loads during which the carrier operates the cargo tank for more\nthan 30 days. You ask how the record retention requirements in § 180.417(b)(2) of the HMR\napply in these situations.\nSection 180.417(b)(2) requires the owner and operator of a cargo tank to retain copies of test and\ninspection reports until the next test or inspection of the same type is successfully completed.\nThis requirement does not apply to a motor carrier leasing a cargo tank for fewer than 30 days.\nAlthough the exception uses the term \"leasing,\" the intent of this provision is to except a motor\ncarrier from the requirement to retain test and inspection reports for any cargo tank it uses for\ntransportation for fewer than 30 days. The exception applies regardless of whether there is a\nformal lease, where possession of the cargo tank is a secondary result of a contract to transport a\nload or several loads. Similarly, the intent of § 180.417(b)(2) is to require a motor carrier to\n\n<<<PAGE 2>>>\n\nretain test and inspection reports for any cargo tank it uses for transportation for more than 30\ndays. Again, the record retention requirement applies regardless of whether there is a formal\nlease, where possession of the cargo tank is a secondary result of a contract to transport a load or\nseveral loads.\nI hope this information is helpful. If you have further questions, please do not hesitate to contact\nthis office.\nSincerely,\n(harnes\nThomas G. Allan\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n* \"Gorsky, Susan\nFrom:\nSent:\nQuade, William <FHWA> [William.Quade@fhwa.dot.gov]\nTo:\nWednesday, July 25, 2001 8:44 AM\nSubject:\nGorsky, Susan <RSPA>\nGorsky\nInterpretation\n$180.417(6)\nCargo Tanks\n180417 interps.doc\nSusan,\n01-0193\nyou please prepare a written interpretation to clarify his issues?\nThanks,\n\n<<<PAGE 4>>>\n\nScenario 1: It is common in the chemical industry for a carrier to transport a load using\na shippers cargo tank without having a formal lease for that tank. The agreement between\ncarrier and shipper can be for a few or even single load that keeps the cargo tank in the\ncarrier's \"control\" for less than 30 days, or for multiple loads that result in the carrier\noperating or \"controlling\" the cargo tank for more than 30 days.\nQuestion 1: 180.417(b)(2) requires that the owner and motor carrier keep a copy of the\ntest and inspection reports. The section goes on to provide an exception for a motor\ncarrier leasing a cargo tank for less than 30 days. If a carrier transports a cargo tank for\nwhich they have no formal lease and that transportation results in the carrier's\n\"controlling\" the tank for less than 30 days, is the motor carrier required to keep copies of\nthe inspection/test reports?\nAnswer 1: In 180.417(b)(2), RSPA intended to except a carrier from having to maintain\ncopies of inspection/test reports for any cargo tank it uses for transportation for less than\n30 days. This is true regardless of whether there is a formal lease, or the possession of the\ncargo tank is a secondary result of a contract to transport loads.\nQuestion 2: If a carrier transports a cargo tank for which they have no formal lease and\nthat transportation results in the carrier's \"controlling\" the tank for more than 30 days, is\nthe motor carrier required to keep copies of the inspection/test reports?\nAnswer 2: In 180.417(b)(2), RSPA intended for a carrier to have inspection/test\nreports for any cargo tank it uses for transportation for more than 30 days. This is true\nregardless of whether there is a formal lease, or the possession of the cargo tank is a\nsecondary result of a contract to transport loads.","truncated":false,"body_characters":4830}