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Interpretation Response #02-0070 ([Tomah Products, Inc.] [Bruce E. Morales])

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

Interpretation Response Details

Response Publish Date:

Company Name: Tomah Products, Inc.

Individual Name: Bruce E. Morales

Location State: LA Country: US

View the Interpretation Document

Response text:

March 27, 2002

Mr. Bruce E. Morales                 Reference No.: 02-0070
Tomah Products, Inc.
474 West 19th Street
Reserve, LA 70084

Dear Mr. Morales:

This is in response to your letter dated February 7, 2002 requesting clarification of the periodic retest and reinspection requirements specified in 49 CFR § 173.33(a)(3). Specifically, you ask when a cargo tank motor vehicle is supplied by the motor carrier is the shipper responsible for assuring that the retest or reinspection dates are not past due prior to loading the material?

As provided by § 173.33(a)(3), when the prescribed periodic retest or reinspection under § 180.407 is past due, a specification cargo tank motor vehicle may not be filled and offered for transportation until the retest or reinspection has been successfully completed.  However, the shipper's responsibilities concerning the filling of carrier supplied cargo tanks extend to the requirements in part 173 and not to the continuing requalification requirements contained in part 180.  In essence, this requirement does not apply to an offeror (shipper) when the cargo tank is supplied by the motor carrier.

I trust this satisfies your inquiry.  If we can be of further assistance, please contact us.

Sincerely,

Delmer F. Billings
Chief, Standards Development
Office of Hazardous Materials Standards

173.33(a)(3)

Regulation Sections

Section Subject
173.33 Hazardous materials in cargo tank motor vehicles