USA Banner

Official US Government Icon

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Site Icon

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #00-0212 ([Jones Chemicals, Inc.] [Mr. Timothy J. Gaffney])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Jones Chemicals, Inc.

Individual Name: Mr. Timothy J. Gaffney

Location State: NY Country: US

View the Interpretation Document

Response text:

November 6, 2000

Mr. Timothy J. Gaffney                Reference No: 00-0212
Senior Vice President
Jones Chemicals, Inc.
100 Sunny Sol Boulevard
Caledonia, NY 14423

Dear Mr. Gaffney:

This is in response to your July 26, 2000 letter concerning the periodic requalification. requirements in 49 CFR 173.34(e) and 49 CFR 180.519(a). You asked if a cylinder or a multi-unit tank car tank that was filled prior to the retest due date may be offered for transportation or continued in transportation after the retest due date, without being retested.

The answer is yes, provided the cylinder or multi-unit tank car tank is in proper condition for transportation.  See §173.301 (c) and 173.31 (a)(3).  You are also correct in your understanding that a cylinder may not be refilled after the last date of the month of the calendar year during which the retest is due unless it has been retested.  That is, using your example, a cylinder with a July 1995 test date and on a five-year retest schedule may not be refilled after July 31, 2000, unless the retest has been performed.

You are also correct in your understanding that a multi-unit tank car tank may be retested anytime during the calendar year the retest falls due.  See ' 180.519(a). Again, using your example, a multi-unit tank car tank with a July 1995 test date and on a five-year retest schedule may not be refilled and offered for transportation after December 31, 2000, unless the retest has been performed.

I hope this information is helpful.

Sincerely,

Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards

173.34(e), 180.519(a)

Regulation Sections

Section Subject
180.519 Periodic retest and inspection of tank cars other than single-unit tank car tanks