{"operation":"document","citation":"17-0026","title":"Mr. John Hardridge — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-08-15","effective_on":null,"summary":"17-0026 concerning 171.2, 173.315, 180.415.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0026.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0026.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0026","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2017/170026.pdf","body":"<<<PAGE 1>>>\n\nmustructor\n3908 Vista Drive\nNorman, OK 73071\nReference No. 17-0026\nDear Mr. Hardridge:\nThis letter is in response to your March 9, 2017, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to cargo tank requalification\ntesting and marking. Specifically, you describe a scenario where a person voluntarily marks the\nretest date and the retest identification marking on a cargo tank in accordance with Part 180,\nSubpart E. You further note the cargo tank does not have a specification plate, special permit, or\nregistration number.\nWe have paraphrased and answered your questions as follows:\nQ1.\nYou ask whether the HMR permit a person to perform requalification tests and apply\nassociated markings on a non-Department of Transportation (DOT) specification cargo\ntank when not required.\nA1.\nThe answer is yes. Nothing in the HMR prohibits a cargo tank owner from voluntarily\nperforming requalification tests on a non-DOT specification cargo tank. Typically, a\nnon-DOT specification cargo tank is not subject to the periodic inspection or retest\nrequirements of the HMR. However, the HMR include scenarios where a non-DOT\nspecification cargo tank must undergo certain requalification testing and marking in Part\n180, Subpart E. For example, § 173.315(m)(2) specifies conditions where non-DOT\nspecification cargo tanks containing anhydrous ammonia require certain testing and must\nbe marked in accordance with § 180.415.\nQ2.\nYou ask whether a person who voluntarily tests and marks a non-DOT specification\ncargo tank in accordance with Part 180, Subpart E is subject to performing the applicable\ntests and applying the retest markings in accordance with the HMR.\nA2.\nThe answer is yes. Under § 171.2(g), no person may represent, mark, or offer a\npackaging as meeting the requirements of the HMR unless the packaging is maintained,\nmarked, and retested in accordance with the applicable requirements. Section 171.2(h)(3)\nspecifies that test dates are subject to paragraph (g) when associated with the\n\n<<<PAGE 2>>>\n\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nPlease submit this as a letter of interpretation. Mr. Hardridge spoke with Eamonn.\nPlease let me know if you have any questions.\nThanks,\nJordan\nFrom: ohp31@yahoo.com [mailto:ohp31@yahoo.com]\nSent: Thursday, March 09, 2017 1:19 PM\nTo: INFOCNTR (PHMSA) < INFOCNTR.INFOCNTR@dot.gov>\nSubject: Request for interpretation on cargo tank testing of non-spec tanks\nTo whom it may concern,\nThere has been some controversy over enforcement of test date markings on a non-specification cargo tanks\nused to transport combustible liquids.\nThe first piece of information and question involved is as follows:\nSituation: An owner of a non-specification cargo tank wishes to test and retest his cargo tank according to Part\n180 Subpart D and mark the tank accordingly, even though not required.\nQuestion #1: Is the person conducting the tests and marking the test and test dates on the non-spec tank in\nviolation of Part CFR 49 Part 171.2(h)?\nResulting Enforcement Actions: I have seen some enforcement agencies taking enforcement actions on\npersons who have voluntarily performed tests and retests of non-spec cargo tanks and have marked said tanks\nwith the test date makings in Part 180. These tests have been conducted to reassure the owners that the tanks\ninvolved are in good condition. The test and test date markings are shown as a convenient way to tell the owner\nwhen he should conduct the next test or tests. Basically, the owner is complying with the test and marking\nrequirements in Part 180 even though not required. The enforcement agencies involved claim that this is a\nviolation of 171.2(g) due to the next paragraph (h) stating that the prohibition of displaying markings includes:\n\"test dates associated with the specification....\nInvolved Regulations:\n1\n\n<<<PAGE 4>>>\n\n, alla\n(3) Test dates associated with specification, registration, approval, retest, exemption, or special permit\nmarkings indicating compliance with a test or retest requirement of the HMR, or an exemption, special permit,\napproval, or registration issued under the HMR or under subchapter A of this chapter.\nComments: The way I have always understood Part 171.2(h) is that the only way to misrepresent a cargo tank\nas a specification tank, when it is not, is if a specification plate with a certification date is display on a non-spec\ntank or a tank that does not completely meet the requirements of the specification named on the plate.\nThe requirement in 171.2(h)(3) dealing with \"Test dates associated with specification...\" seems to only imply\nthat it is prohibited to display retest dates on a specification cargo tank when the tests indicated by the marking\nhave not been conducted or were conducted improperly. I do not see how markings of tests and tests\ndates could be interpreted as representing a non-specification tank as a specification tank when the tests were\nproperly conducted according to Part 180, Subpart D, even though it is not required.\nIf the action above is not a violation of Part 171.2, then the second piece of information and question would\nbe:\nSituation: The owner of a non-spec tank chooses to test and mark said cargo tank as required for spec tanks in\nPart 180. Even though not required, the person follows the regulations as a convenient way to assure the tank\nis safe.\nQuestion #2: If that person does not follow the retest and marking regulation exactly as written, is the person in\nviolation for not testing and marking correctly?\nIf you should have questions or need clarifications regarding this request, please do not hesitate to contact me.\nRespectfully,\nJohn Hardridge, Independent Instructor for Hazardous Material Transportation Regulations\n3908 Vista Drive\nNorman, OK. 73071\nPhone: (405) 413-7451\nE-mail: ohp31@yahoo.com\n2","truncated":false,"body_characters":5945}