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Interpretation Response #11-0190 ([Action Resources] [Mr. Douglas R. Carothers])

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

Interpretation Response Details

Response Publish Date:

Company Name: Action Resources

Individual Name: Mr. Douglas R. Carothers

Location State: AL Country: US

View the Interpretation Document

Response text:

November 15, 2011




Mr. Douglas R. Carothers

Manager EH&S Compliance

Action Resources

40 County Road 517

Hanceville, AL 35077

Ref. No.: 11-0190

Dear Mr. Carothers:

This responds to your August 5, 2011 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171"180) applicable to cargo tank test and inspection markings.

In your letter, you state that your company, Action Resources, regularly transports hazardous materials in appropriately-filled DOT 407 cargo tank motor vehicles (CTMV"s). You state that each of your cargo tanks is successfully tested and inspected in accordance with the HMR, and marked with the required markings as specified in §§ 180.407 and 180.415. You also state that recently, two of your CTMV"s have been cited by state enforcement officers for violating § 180.415(b)(2), which requires that each cargo tank successfully complete the test and inspection requirements contained in § 180.407 and be marked "in letters and numbers at least 32 mm (1.25 inches) high, near the specification plate or anywhere on the front head." Further, you provide multiple photographs of a sampling of your DOT 407 cargo tanks, indicating the locations of their specification plates and the test and inspection markings. You ask whether the placement of the inspection date markings on the drivers" side of the foremost third portion of the cargo tank, is consistent with the HMR.

For the scenario described in your letter and supported by the photographs, the answer is yes. The term "near" has a subjective meaning and is not defined in the HMR; and in this specific instance, would be consistent with the intent of the HMR. The test and inspection date markings are located on the same side of the cargo tank as the specification plates, and located on the same half of that left side. The markings, in conjunction with the specification plates, are easily accessible and visible to someone standing at the foremost third portion of the left side of the tank, fulfilling the intent of § 180.415(b)(2).

I hope this satisfies your inquiry. Please contact us if we can be of further assistance.


T. Glenn Foster

Chief, Regulatory Review and Reinvention Branch

Standards and Rulemaking Division

180.407, 180.145

Regulation Sections

Section Subject
180.407 Requirements for test and inspection of specification cargo tanks
180.415 Test and inspection markings