Interpretation Response #26-0018
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Public Utilities Commission of Ohio
Individual Name: Tom Forbes
Location State: OH Country: US
View the Interpretation Document
Response text:
September 24, 2026
Mr. Tom Forbes
Chief, Motor Carrier Enforcement
Public Utilities Commission of Ohio
180 E Broad Street
Columbus, OH 43215
Reference No. 26-0018
Dear Mr. Forbes:
This letter is in response to your January 28, 2026 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to cargo tank registration requirements for inspectors and testers as provided in 49 CFR Part 107, Subpart F. Because your two questions raise intertwined issues, we address them together. Specifically, you ask whether persons inspecting and testing nurse tanks—as specified in § 173.315(m)(2) due to missing or illegible American Society of Mechanical Engineers (ASME) plates—are subject to the registration requirements of 49 CFR Part 107, Subpart F, given the nurse tanks are not manufactured to a U.S. Department of Transportation (U.S. DOT) specification or under a U.S. DOT special permit (SP).
Yes. As specified in § 173.315(m)(2)(iv), each nurse tank with a missing or illegible ASME plate must be inspected and tested by a person meeting the requirements of § 180.409(d) of the HMR. While § 180.409(d) provides an exception for a portion of the pressure test, its opening sentence preconditions that exception on meeting § 180.409(a)—the baseline rule requiring inspectors to be registered, and meet the requirements of "Registered Inspector." As defined in § 171.8, a Registered Inspector means a person registered with the U.S. DOT in accordance with 49 CFR Part 107, Subpart F, and that meets certain knowledge and ability requirements. Therefore, persons inspecting and testing nurse tanks as specified in § 173.315(m)(2) must be registered with the U.S. DOT.
In conjunction—though not addressed in your email—PHMSA notes that The Fertilizer Institute (TFI) submitted a comment to this incoming request through our interpretation letter 30-day review process. TFI requested further clarification about when a company has multiple facilities where these functions are performed, and whether a separate registration number is required for each facility.
Yes, as stated in 49 CFR 107.502(e), upon the Department's determination that a company's registration statement contains all the information required, a separate registration number will be assigned for each place of business identified by the applicant. Applicants are required to identify where they intend to do business, providing a street address for each facility per 49 CFR 107.503(a)(2) and including a statement as to whether a facility is conducting mobile inspections per 49 CFR 107.503(a)(3). The Department assigns separate registration numbers to each facility or place of business. In addition, to maintain an accurate and complete registration statement as required by 49 CFR Part 107, Subpart F, registrants should ensure that all physical facilities conducting inspection and testing are properly identified. Entities should review their facility listings and request any necessary registration numbers as required under 49 CFR 107.504. The Federal Motor Carrier Safety Administration (FMCSA) has made detailed cargo tank facility registration resources available at https://www.fmcsa.dot.gov/carrier-safety/hazardous-materials-safety/cargo-tank-registration-and-resources.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Matthew Nickels
Acting Director, Standards and Rulemaking Division
107.502(e) 107.503(a) 173.315(m)(2) 180.409(d)