Ventura-Lesbro — Hazardous Materials Safety Interpretation

Page 1.. - .... 400 Seventh St., S.W Or transportion Nashington, D.C. 2059( Research and pecial Program dministratior SEP 2 1 2001 Mr. Clifford Rawn Reference No: 01-0230 Ventura-Lesbro 2418 E 23rd Street Long Beach, California 90810 Dear Mr. Rawn: This responds to your letter of August 28, 2001, requesting clarification of the testing requirements for cargo tanks under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You provide an example where a cargo tanks had a thickness test (due every 2 years) performed on 8/1/99 and the cargo tank was marked 8/99. You ask whether the cargo tank must be retested by August 1, 2001 or if it may be tested anytime within the month of August, 2001. It is acceptable to test a cargo tank within the month that the test is due (the month that is marked on the cargo tank). In your example, the cargo tank may be retested anytime within the month of August, 2001. I hope this information is helpful. Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards • ПІННІНІМ 180.407 010230#

Page 2- • VENTURA-LESBRO Fax: 310-835-9115 LaValle NILE § 180.407 VENTURA-L Retesting Cargo Tanks 01-0230 August 28, 2001 Mr. Edward Mazzullo Director OHMS 400 / Street South West USDOT/ RSPA (DEM-10) Washington D.C. 20590-0001 Dear Mr. Mazzullo inspoction dates and the annual inspections due for tractors and trailers. It is my understanding that for This letter is to request a written interpretation of RSPA's position when it comes to the cargo tank cargo trailers tested for Pressure, Leaks, Visual Internal, Visual External, and Thickness; that as long as the test is done within the month they are due they are okay. For example, if a trailer has a thickness test done on 8/1/99, there is a two year requirement for the re-test, but as long as the trailer has been re-tested within the month of August 2001 (for example 8/15/01) it is considered to have not gone out of compliance. It would not have to be rested 8/1/01 to remain in compliance. The same reasoning applies for annual inspections due on tractors and trailers. As long as they are inspected within the month they are due then they too have not fallen out of compliance even if they have gone past a 365 day period. Is my understanding of these regulations correct? Please advise in writing so that if there is a question as to the interpretation of this rule we can document that we are in fact operating in compliance with the regulations, and if my interpretation is incorrect that we can adjust our policies accordingly. Thanks for your help. Sincerely, Clilard Houn Clifford Rawn Director of Safety and Complianco TA. 31050-30 PA 31085 15 VENTURA SAD CO10#