{"operation":"document","citation":"04-0067","title":"Sauer Express, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-03-30","effective_on":null,"summary":"04-0067 response to Sauer Express, Inc. concerning 180.407.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0067.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0067.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0067","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040067.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nSpecial Programs\nResearch and\nWashington, D.C. 20590\nAdministration\nMAR 30 2004\nMs. Connie Sauer\nSauer Express, Inc.\nRef. No. 04-0067\n3202 Renwood Blvd., #203\nLouisville, KY 40214\nDear Ms. Sauer:\nThis is in response to your March 19, 2004 letter requesting clarification regarding cargo tank\ninspections and tests required under the Hazardous Materials Regulations (HMR; 49 CFR Parts\n171-180). Specifically, you ask about testing and marking requirements for unlined cargo tanks\nthat are tested and marked in accordance with § 180.407(i). In your letter, you state that a\nMichigan State Patrol Officer issued a violation to your company for failing to perform the\nrequired periodic thickness test on your cargo tank.\nSection 180.407(i) establishes thickness testing requirements for unlined cargo tanks. Generally,\nthe shell and head thickness of all unlined cargo tanks used for the transportation of materials\ncorrosive to the tank must be measured at least once every 2 years. Although your tank was\nInitially tested and marked in accordance with § 180.407(i), there is no requirement to\nperiodically perform this test when no materials corrosive to the tank are being transported.\napplicable be covered during transportation. However, we recommend that to prevent future\nAdditionally, the HIMR do not require that thickness testing markings that are no longer\nfrustration of your shipments that you cover the thickness marking, when these markings are not\nI hope this information is helpful. If you have additional questions, please do not hesitate to\ncontact this office.\nSincerely,\nHotte z. mitthell\nHattie L. Mitchell, Chief\nRegulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n040067\n180.407.\n\n<<<PAGE 2>>>\n\nSauer Express, Inc.\nPO Box 88443\nSioux Falls, SD 57109\nPhone & Fax #605-334-0615\nLouisville Terminal\n3202 Renwood Blvd #203\nLouisville, KY 40214\nPhone & Fax #502-935-4472\nConnie's Cell Phone #605-321-4990\nTony's Cell Phone #586-764-2247\nMarch 19, 2004\nBetts\nOffice of Hazardous Material Standards\nResearch & Special Programs Admin.\n$180.40712\nAttn: Edward Mazzullo, Director, EHM-10\nUS Department of Transportation\nTesting of Cargo Tanks\n400 7* St. SW\nWashington, DC 20590-001\n04-0067\nRE: Cargo Tank Thickness Testing for Corrosive Hazardous Material\nTo: Edward Mazzullo,\nWe have received at ticket from Michigan on Thickness Testing on Cargo Tanks. In talking to\nyour representative he indicated if I wanted any information on this particular part of the tank\ntest for cargo tanks hauling hazardous material, I would need to request it in writing.\nWhen we first were hauling hazardous material, we were also picking up loads and using vans\non occasion. We did the thickness test in case we would pick up some corrosive material. We\nhave never hauled corrosive material in our tank wagons. Therefore we do not perform the\nthickness test any longer. In talking to your representative on the phone, he indicated that was\ncorrect and we should remove or cover up the \"T\" on our tanks.\nWe are fighting the ticket, (see attached copies), we received in Michigan. 'Our court date is\n\"AprilTs, 2004. I would like a copy of the cargo tank thickness test requirements in writing to\ntake to that trial. If you could fax the information to our Louisville, KY terminal, I will be leaving\nfrom here to go to the trial. (Fax #502-935-4472)\nThanks for your help.\nSauer Express, Inc.\neat Jame\nConnie Sauer","truncated":false,"body_characters":3496}