Sauer Express, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Special Programs Research and Washington, D.C. 20590 Administration MAR 30 2004 Ms. Connie Sauer Sauer Express, Inc. Ref. No. 04-0067 3202 Renwood Blvd., #203 Louisville, KY 40214 Dear Ms. Sauer: This is in response to your March 19, 2004 letter requesting clarification regarding cargo tank inspections and tests required under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask about testing and marking requirements for unlined cargo tanks that are tested and marked in accordance with § 180.407(i). In your letter, you state that a Michigan State Patrol Officer issued a violation to your company for failing to perform the required periodic thickness test on your cargo tank. Section 180.407(i) establishes thickness testing requirements for unlined cargo tanks. Generally, the shell and head thickness of all unlined cargo tanks used for the transportation of materials corrosive to the tank must be measured at least once every 2 years. Although your tank was Initially tested and marked in accordance with § 180.407(i), there is no requirement to periodically perform this test when no materials corrosive to the tank are being transported. applicable be covered during transportation. However, we recommend that to prevent future Additionally, the HIMR do not require that thickness testing markings that are no longer frustration of your shipments that you cover the thickness marking, when these markings are not I hope this information is helpful. If you have additional questions, please do not hesitate to contact this office. Sincerely, Hotte z. mitthell Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards 040067 180.407.#

Page 2Sauer Express, Inc. PO Box 88443 Sioux Falls, SD 57109 Phone & Fax #605-334-0615 Louisville Terminal 3202 Renwood Blvd #203 Louisville, KY 40214 Phone & Fax #502-935-4472 Connie's Cell Phone #605-321-4990 Tony's Cell Phone #586-764-2247 March 19, 2004 Betts Office of Hazardous Material Standards Research & Special Programs Admin. $180.40712 Attn: Edward Mazzullo, Director, EHM-10 US Department of Transportation Testing of Cargo Tanks 400 7* St. SW Washington, DC 20590-001 04-0067 RE: Cargo Tank Thickness Testing for Corrosive Hazardous Material To: Edward Mazzullo, We have received at ticket from Michigan on Thickness Testing on Cargo Tanks. In talking to your representative he indicated if I wanted any information on this particular part of the tank test for cargo tanks hauling hazardous material, I would need to request it in writing. When we first were hauling hazardous material, we were also picking up loads and using vans on occasion. We did the thickness test in case we would pick up some corrosive material. We have never hauled corrosive material in our tank wagons. Therefore we do not perform the thickness test any longer. In talking to your representative on the phone, he indicated that was correct and we should remove or cover up the "T" on our tanks. We are fighting the ticket, (see attached copies), we received in Michigan. 'Our court date is "AprilTs, 2004. I would like a copy of the cargo tank thickness test requirements in writing to take to that trial. If you could fax the information to our Louisville, KY terminal, I will be leaving from here to go to the trial. (Fax #502-935-4472) Thanks for your help. Sauer Express, Inc. eat Jame Connie Sauer#