Tomah Products, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 00 Seventh St., S.V /ashington, D.C. 2059 pecial Program esearch and Administration MAR 27 2002 Mr. Bruce E. Morales 'omah Products, Inc Ref. No.: 02-0070 74 West 19th Stree Reserve, LA 70084 Dear Mr. Morales: This is in response to your letter dated February 7, 2002 requesting clarification of the periodic retest and reinspection requirements specified in 49 CFR § 173.33(a)(3). Specifically, you ask when a cargo tank motor vehicle is supplied by the motor carrier is the shipper responsible for assuring that the retest or reinspection dates are not past due prior to loading the material? As provided by § 173.33(a)(3), when the prescribed periodic retest or reinspection under § 180.407 is past due, a specification cargo tank motor vehicle may not be filled and offered for transportation until the retest or reinspection has been successfully completed. However, the shipper's responsibilities concerning the filling of carrier supplied cargo tanks extend to the requirements in part 173 and not to the continuing requalification requirements contained in part 180. In essence, this requirement does not apply to an offeror (shipper) when the cargo tank is supplied by the motor carrier. I trust this satisfies your inquiry. If we can be of further assistance, please contact us. Sincerely, Delme F6S:160 Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards 173.33(0) (3) 020070#

Page 2ТомАн PRODUCTS. ING. February 7, 2002 Reserve Plant Clarification of CFR 49 173.33(a)(3) Webb Mr. Edward T. Mazzullo $173.33(a) 3) Director, Office of Hazardous Materials Standards U.S. DOT/RSPA (DHM-10) 400 7th Street S.W. Applicability Washington, D.C. 20590-0001 02-0070 Dear Mr. Mazzullo: I am writing to for assistance in clarification of CFR 49 173.33(a)(3). In the sub- We have reviewed this section and have the following question. Do we have to assure that the retest or reinspection dates are not past due before loading the material if we are the shipper, and are loading a cargo tank supplied by a common carrier, or cargo tank Any assistance in clarifying this matter would be greatly appreciated. Sincerely, Que E. meals Bruce E. Morales Health and Safety Coordinator Tomah Reserve, Inc. 474 West 19th Street - Reserve, LA 70024 - Tel. (985) 536-4576• Fax No. (985) 536-8034 TOMAH PRODUCTS - Ever Evolving Chemistry.. Everlasting Quality#