Hedrick, Gardner, Kincheloe & Garofalo, LLP — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 1200 New Jersey Avenue SE Washington, DC 20590 Pipeline and Hazardous Administration Materials Safety Ms. Lindsey L. Smith Attorney JUN 1 8 2015 Hedrick, Gardner, Kincheloe & Garofalo, LLP P.O. Box 30397 Charlotte, NC 28230 Ref. No. 15-0035 Dear Ms. Smith: This responds to your request for clarification on testing requirements for cargo tanks under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you request verification that letter of interpretation Ref. No. 01-0230 is consistent with current HMR requirements in § 180.407 on cargo tank testing requirements. Letter of interpretation Ref. No. 01-0230 stated that it is acceptable to test a cargo tank within the month that the test is due. The answer is yes. The response in letter of interpretation Ref. No. 01-0230 is consistent with the current HMR requirements in § 180.407. Our position remains that for the month when a test becomes due, the test must be completed prior to the end of the month. For example, for tests required at one-year intervals, if the most recent test was conducted on March 19, 2014, then the next test must be completed by March 31, 2015. Or, if the test was conducted on March 30, 2014, the next test must be completed by March 31, 2015. I hope this answers your inquiry. If you need additional assistance, please contact this Office at 202-366-8553. Koting Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2© 02/23/2015 4:27 PM Hedrick Gardner LLP → 12023663666 Boothe 03 180.407 HEDRICK GARDNER requirement fe HEDRICK GARDNER KINCHELDE & GAROFALO LILI? Lest cargotanks ATTORNEYS AT LAW CHARLOTTE • RALEIGH • WILMINCION • COLUMBIA 15 -0035 February 23, 2015 Via V.S. Mail & Facsimile Mr. Charles Betts Reply To: Director, Standards and Rulemaking LINDSEY L. SMITH U.S. Department of Transportation Attorncy P.O. Box 30397 Pipeline and Hazardous Materials Safety Administration Direct: (704) 319-5459 Charlotle. NC 28230 East Building, 2ªd Floor liax: (704) G02-8163 1200 New Jersey Avenue, S.E. Email: LSmith@hedrickgardner.com Washington, D.C. 20590 RE: Alamance County v. Hot-Z Food Marts, Inc. d/b/a Hot-Z Transport Company Case No.: 14CVD1199 (Alamance) Claim No.: 253311-6 Dear Mr. Betts: 1 represent Hot-Z Food Marts, Inc. in the above-referenced lawsuit, pending in North Carolina Superior Court. I am writing to request clarification of the testing requirements for cargo tanks under the Hazardous Materials Regulations, 49 C.F.R. §§ 171-180. Enclosed is a letter from the former U.S. Department of Transportation Research and Special Programs Administration. Please confirm that the Pipeline and Hazardous Matorials Safety Administration is the appropriate division to address this inquiry. If so, kindly respond to this letter and confirm whether the enclosed Septerber 21, 2001 correspondence is consistent with your interpretation of the law as it stands today. Thank you in advance for your assistance with this inquiry. Please feel free to contact me should you have any questions. Sincerely, Lindsey L. Smith NC State Bar No. 38665 Enclosure(s) www.hedxickgardncr.com 00136C.00255 - Doc. No. 215#

Page 3© 02/23/2015 4:27 PM Hedrick Gardner LLP → 12023663666 04 • • • J.S. Departmen 400 Seventh St., S.W. Research and of transportatior Washington, D.C. 20590 Special Programs Administrallon SEP 2 1 2001 Mr. Clifford Rawn Reference No: 01-0230 2418 E 23rd Street Ventura-Lesbro Long Beach, California 90810 Doar Mr. Rawn: This responds to your letter of August 28, 2001, requesting clarification of the testing requirements for provide an example where a cargo tanks had a thickness test (duc every 2 years) performed on 8/1/99 cargo tanks under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You 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 cxample, 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 180.407 010230#

Page 4© 02/23/2015 4:27 PM Hedrick Gardner LLP → 12023663666 0 5 :. : VENTURA-LESBRO Fax: 310-835-9173 nuy 4V LaValle NILY § 180.407 VENTURA Lit Retesting Cargo Tanks 01-0230 August 28, 2001 Director OFIMS Mir. Edward Mazzullo 400 7* Street South West USDOT/ RSPA (OHM-10) Washington D.C. 20590-0001 Dear Mr. Mazzallo ingocction dares sad the sanual inspections due for tractors and trailers. It is my understanding that for Thia letter is to request a written interpretation of RSPA's position when it comes to the cargo tank test is done within the month they are due they are okay. For examplo, if a trailer has a thickness test done cargo trailors tested for Pressure, Laks, Visual Internal, Visual Extemal, and Thickness; that as long as the on 8/1/99, thore is a two yeaz requirement for the re-lest, but as long as the trailer has been re-tested within would not have to be rested 8/3/01 to remain in compliance. the month of August 2001 (Eor example 8/15/01) it is considered to have not gone out of compliance. It The same rasoning applies for annual inspections due on tractors and trailers. As long as tacy are nspected within the month they aro duc than they too have got fallen out of compliance even if they hav 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 t regulations, and if my interpretation is incorrect that we can adjust our policies accordingly. Thanks for he interpretation of this rule we can document that we are in fact operating in compllance with the your heip. Sincerely, Clifferd Houn Director of Safcty and Complisaco Clifford Rawn 2418 E. 223RD STREET. LONG BEACH. CA 90010 TEL 310S/#1000-fAX310815-9175 WWW.VENTURA-LESERO.COM#